Criminal Justice Information Services Division; National Instant Criminal Background Check System Section Agency Information Collection Activities: Existing Collection, Comments Requested, 42691-42692 [E9-20167]
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Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Notices
Abstract: CMEA mandates that retail
sellers of scheduled listed chemical
products maintain a written or
electronic logbook of sales, retain a
record of employee training, and
complete a self-certification form
verifying the training and compliance
with CMEA provisions regarding retail
sales of scheduled listed chemical
products.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: It is estimated that 64,000
persons are self-certified. It is estimated
that 410,000 new employees of
regulated sellers receive training
42691
regarding the requirements of the
Combat Methamphetamine Epidemic
Act of 2005 due to annual employee
turnover. It is estimated that there are
25.5 million transactions involving the
sale of scheduled listed chemical
products annually. The table below
shows the activities and time burdens
associated with this collection.
Number of
activities
Total burden
hours
Activity
Unit burden hour
Training record .............................................................
Self-certification ............................................................
Transaction record ........................................................
Customer time ..............................................................
0.05 hour (3 minutes) ...................................................
0.25 hour (15 minutes) .................................................
0.033 hour (2 minutes) .................................................
0.033 hour (2 minutes) .................................................
410,000
64,000
25,500,000
25,500,000
20,500
16,000
850,000
850,000
Total .......................................................................
.......................................................................................
........................
1,736,500
(6) An estimate of the total public
burden (in hours) associated with the
collection: It is estimated that there are
1,736,500 annual burden hours
associated with this collection.
If additional information is required
contact: Lynn Bryant, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Patrick Henry Building,
Suite 1600, 601 D Street, NW.,
Washington, DC 20530.
Dated: August 18, 2009.
Lynn Bryant,
Department Clearance Officer, PRA, U.S.
Department of Justice.
[FR Doc. E9–20266 Filed 8–21–09; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
[OMB Number 1110–0026]
erowe on DSK5CLS3C1PROD with NOTICES
Criminal Justice Information Services
Division; National Instant Criminal
Background Check System Section
Agency Information Collection
Activities: Existing Collection,
Comments Requested
ACTION: 30-day notice of information
collection under review: Approval of an
existing collection; Federal Firearms
Licensee (FFL) Enrollment/National
Instant Criminal Background Check
System (NICS) Electronic Check (ECheck) Enrollment Form; Federal
Firearms Licensee (FFL) Officer/
Employee Acknowledgment of
Responsibilities Under the National
Instant Criminal Background Check
System (NICS) Form.
The Department of Justice (DOJ),
Federal Bureau of Investigation (FBI),
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15:04 Aug 21, 2009
Jkt 217001
Criminal Justice Information Services
(CJIS) Division’s National Instant
Criminal Background Check System
(NICS) Section will be submitting the
following information collection request
to the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995. The proposed
information collection is published to
obtain comments from the public and
affected agencies. This proposed
information collection was previously
published in the Federal Register
(Volume, Number, Pages) on (DATE),
allowing for a 60-day comment period.
The purpose of this notice is to allow
for an additional 30 days for public
comment until September 23, 2009.
This process is conducted in accordance
with Title 5, Code of Federal
Regulations (CFR), § 1320.10.
Written comments and/or suggestions
regarding the items contained in this
notice, especially the estimated public
burden and associated response time,
should be directed to the Office of
Management and Budget, Office of
Information and Regulatory Affairs,
Attention Department of Justice Desk
Officer, Washington, DC 20503.
Additionally, comments may be
submitted to the OMB via facsimile to
(202) 395–7285.
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information are encouraged. Your
comments should address one or more
of the following four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency/component,
including whether the information will
have practical utility;
(2) Evaluate the accuracy of the
agency’s/component’s estimate of the
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Fmt 4703
Sfmt 4703
burden of the proposed collection of the
information, including the validity of
the methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
Overview of This Information
(1) Type of Information Collection:
Approval of an existing collection.
Title of the Forms: Federal Firearms
Licensee (FFL) Enrollment/National
Instant Criminal Background Check
System (NICS) Electronic Check (ECheck) Enrollment Form; Federal
Firearms Licensee (FFL) Officer/
Employee Acknowledgment of
Responsibilities under the National
Instant Criminal Background Check
System (NICS) Form.
(2) Agency Form Number, if any, and
the applicable component of the
department sponsoring the collection:
Form Number: 1110–0026.
Sponsor: Criminal Justice Information
Services (CJIS) Division of the Federal
Bureau of Investigation (FBI),
Department of Justice (DOJ).
(3) Affected Public who will be asked
or required to respond, as well as a brief
abstract:
Primary: Any Federal Firearms
Licensee (FFL) or State Point-of-Contact
(POC) requesting access to conduct
National Instant Criminal Background
Check System (NICS) Checks
telephonically or by the Internet
through the NICS Electronic Check (ECheck).
Brief Abstract: The Brady Handgun
Violence Prevention Act of 1993,
E:\FR\FM\24AUN1.SGM
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erowe on DSK5CLS3C1PROD with NOTICES
42692
Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Notices
required the United States Attorney
General to establish a national instant
criminal background check system that
any Federal Firearms Licensee (FFL)
may contact, by telephone or by other
electronic means for information to be
supplied immediately, on whether
receipt of a firearm to a prospective
purchaser would violate state or federal
law. Information pertaining to licensees
who may contact the NICS is being
collected to manage and control access
to the NICS and to the NICS E-Check,
to ensure appropriate resources are
available to support the NICS, and also
to ensure the privacy and security of
NICS information.
(4) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond:
It is estimated that 500 Federal
Firearms Licensees (FFLs) enroll with
the NICS per month for a total of 6,000
enrollments per year. The average
response time for reading the directions
for the Federal Bureau of Investigation
National Instant Criminal Background
Check System (NICS) Federal Firearms
Licensee (FFL) Enrollment/NICS
Electronic Check (E-Check) Enrollment
Form is estimated to be two minutes;
time to complete the form is estimated
to be three minutes; and the time it
takes to assemble, mail, or fax the form
to the FBI is estimated to be three
minutes, for a total of eight minutes.
The average hour burden for this
specific form is 6,000 × 8 minutes/60 =
800 hours. The Federal Firearms
Licensee (FFL) Officer/Employee
Acknowledgment of Responsibilities
Under the National Instant Criminal
Background Check System (NICS) Form
takes approximately three minutes to
read the responsibilities and two
minutes to complete the form, for a total
of five minutes. The average hour
burden for this specific form is 6,000 ×
5 minutes/60 = 500 hours.
The accompanying letter mailed with
the packet takes an additional two
minutes to read which would be 6,000
× 2 minutes/60 = 200 hours.
The entire process of reading the
letter and completing both forms would
take 15 minutes per respondent. The
average hour burden for completing
both forms and reading the
accompanying letter would be 6,000 ×
15/60 = 1,500 hours.
(5) An estimate of the total public
burden (in hours) associated with the
collection:
The entire process of reading the
letter and completing both forms would
take 15 minutes per respondent. The
average hour burden for completing
both forms and reading the
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15:04 Aug 21, 2009
Jkt 217001
accompanying letter would be 6,000 ×
15/60 = 1,500 hours.
If additional information is required,
contact: Ms. Lynn Bryant, Department
Clearance Officer, United States
Department of Justice, Information
Management and Security Staff, Justice
Management Division, Suite 1600,
Patrick Henry Building, 601 D Street,
NW., Washington, DC 20530.
Dated: August 18, 2009.
Lynn Bryant,
Department Clearance Officer, PRA, United
States Department of Justice.
[FR Doc. E9–20167 Filed 8–21–09; 8:45 am]
BILLING CODE 4410–02–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Spirit Pharmaceuticals, L.L.C.;
Dismissal of Proceeding
On June 22, 2007, I, the Deputy
Administrator of the Drug Enforcement
Administration, issued an Order to
Suspend Shipment (hereinafter,
Suspension Order) to Spirit
Pharmaceuticals, L.L.C. (Respondent), of
Fairless Hills, Pennsylvania. Suspension
Order at 1. The Order suspended
Respondent’s proposed importation of
2,000 kilograms of ephedrine
hydrochloride from Emmellen Biotech
Pharmaceuticals, Ltd., of Mumbai,
India, on the ground that the product
‘‘may be diverted’’ to the illicit
manufacture of methamphetamine, a
schedule II controlled substance. Id. at
3; see also 21 U.S.C. 971(c).
The Suspension Order alleged that
Respondent had identified AAA
Pharmaceutical, Inc. (AAA), on its
Import Declaration (DEA Form 486) as
the customer for the product. Id. at 2.
The Order also alleged that in a
telephone conversation, a
‘‘representative of AAA stated that the
ephedrine was to be manufactured into
tablets, packaged, and sold to Novelty,
Inc.’’ Id. Finally, the Order alleged that
Novelty, Inc., distributed over-thecounter products containing ephedrine
to entities such as gas stations and
convenience stores, id. at 3, that these
outlets sell ephedrine products ‘‘in
quantities that exceed what would be
necessary to meet legitimate demand,’’
and that the products ‘‘are often sold to
persons for use in the illicit
manufacture of methamphetamine.’’ Id.
at 2.
Neither Respondent nor AAA
requested a hearing on the allegations.1
1 Novelty did, however, request a hearing on the
Suspension Order. On August 17, 2007, I denied
Novelty’s request. See 72 FR 49316 (2007).
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The record was then forwarded to me
for final agency action.
On January 17, 2008, I also issued an
Order to Show Cause and Immediate
Suspension of Registration to Novelty.2
On September 3, 2008, following a
hearing, I ordered the revocation of
Novelty’s registration as a distributor of
list I chemicals and the denial of any
applications it had pending before the
Agency. See Novelty Distributors, Inc.,
73 FR 52689, 52704 (2008).
Shortly thereafter, Novelty filed a
Petition for Review in the U.S. Court of
Appeals for the District of Columbia
Circuit. On June 22, 2009, the Court of
Appeals issued a Per Curiam Order
denying Novelty’s Petition for Review.
See Novelty, Inc., v. DEA, 2009 WL
1930184, *1 (D.C. Cir. June 22, 2009).
Moreover, on July 28, 2009, the Court of
Appeals denied Novelty’s Petitions for
Rehearing and Rehearing En Banc. See
Novelty, Inc., v. DEA, No. 08–1296 (D.C.
Cir. Filed July 28, 2009) (order denying
rehearing and order denying rehearing
en banc).
As noted above, the Suspension Order
was based on Respondent’s intended
distribution of the ephedrine to AAA,
which sought the ephedrine for the
purpose of manufacturing ephedrine
products for Novelty. The Court of
Appeals, however, has now upheld the
Agency’s Final Order revoking Novelty’s
registration. Because Novelty lacks
authority under Federal law to
distribute ephedrine products, I
conclude that this case is now moot. Cf.
Board of License Comm’rs v. Pastore,
469 U.S. 238, 239 (1985) (per curiam).
Accordingly, this proceeding is
dismissed.
It is so ordered.
Dated: August 12, 2009.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E9–20335 Filed 8–21–09; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review:
Comment Request
August 18, 2009.
The Department of Labor (DOL)
hereby announces the submission of the
following public information collection
request (ICR) to the Office of
2 Because Novelty’s registration was immediately
suspended, my review of the Order to Suspend
Shipment was held in abeyance pending the
issuance of the final order in Novelty and judicial
review of it.
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Agencies
[Federal Register Volume 74, Number 162 (Monday, August 24, 2009)]
[Notices]
[Pages 42691-42692]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20167]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
[OMB Number 1110-0026]
Criminal Justice Information Services Division; National Instant
Criminal Background Check System Section Agency Information Collection
Activities: Existing Collection, Comments Requested
ACTION: 30-day notice of information collection under review: Approval
of an existing collection; Federal Firearms Licensee (FFL) Enrollment/
National Instant Criminal Background Check System (NICS) Electronic
Check (E-Check) Enrollment Form; Federal Firearms Licensee (FFL)
Officer/Employee Acknowledgment of Responsibilities Under the National
Instant Criminal Background Check System (NICS) Form.
-----------------------------------------------------------------------
The Department of Justice (DOJ), Federal Bureau of Investigation
(FBI), Criminal Justice Information Services (CJIS) Division's National
Instant Criminal Background Check System (NICS) Section will be
submitting the following information collection request to the Office
of Management and Budget (OMB) for review and approval in accordance
with the Paperwork Reduction Act of 1995. The proposed information
collection is published to obtain comments from the public and affected
agencies. This proposed information collection was previously published
in the Federal Register (Volume, Number, Pages) on (DATE), allowing for
a 60-day comment period.
The purpose of this notice is to allow for an additional 30 days
for public comment until September 23, 2009. This process is conducted
in accordance with Title 5, Code of Federal Regulations (CFR), Sec.
1320.10.
Written comments and/or suggestions regarding the items contained
in this notice, especially the estimated public burden and associated
response time, should be directed to the Office of Management and
Budget, Office of Information and Regulatory Affairs, Attention
Department of Justice Desk Officer, Washington, DC 20503. Additionally,
comments may be submitted to the OMB via facsimile to (202) 395-7285.
Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information are
encouraged. Your comments should address one or more of the following
four points:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency/
component, including whether the information will have practical
utility;
(2) Evaluate the accuracy of the agency's/component's estimate of
the burden of the proposed collection of the information, including the
validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information
(1) Type of Information Collection: Approval of an existing
collection.
Title of the Forms: Federal Firearms Licensee (FFL) Enrollment/
National Instant Criminal Background Check System (NICS) Electronic
Check (E-Check) Enrollment Form; Federal Firearms Licensee (FFL)
Officer/Employee Acknowledgment of Responsibilities under the National
Instant Criminal Background Check System (NICS) Form.
(2) Agency Form Number, if any, and the applicable component of the
department sponsoring the collection:
Form Number: 1110-0026.
Sponsor: Criminal Justice Information Services (CJIS) Division of
the Federal Bureau of Investigation (FBI), Department of Justice (DOJ).
(3) Affected Public who will be asked or required to respond, as
well as a brief abstract:
Primary: Any Federal Firearms Licensee (FFL) or State Point-of-
Contact (POC) requesting access to conduct National Instant Criminal
Background Check System (NICS) Checks telephonically or by the Internet
through the NICS Electronic Check (E-Check).
Brief Abstract: The Brady Handgun Violence Prevention Act of 1993,
[[Page 42692]]
required the United States Attorney General to establish a national
instant criminal background check system that any Federal Firearms
Licensee (FFL) may contact, by telephone or by other electronic means
for information to be supplied immediately, on whether receipt of a
firearm to a prospective purchaser would violate state or federal law.
Information pertaining to licensees who may contact the NICS is being
collected to manage and control access to the NICS and to the NICS E-
Check, to ensure appropriate resources are available to support the
NICS, and also to ensure the privacy and security of NICS information.
(4) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond:
It is estimated that 500 Federal Firearms Licensees (FFLs) enroll
with the NICS per month for a total of 6,000 enrollments per year. The
average response time for reading the directions for the Federal Bureau
of Investigation National Instant Criminal Background Check System
(NICS) Federal Firearms Licensee (FFL) Enrollment/NICS Electronic Check
(E-Check) Enrollment Form is estimated to be two minutes; time to
complete the form is estimated to be three minutes; and the time it
takes to assemble, mail, or fax the form to the FBI is estimated to be
three minutes, for a total of eight minutes.
The average hour burden for this specific form is 6,000 x 8
minutes/60 = 800 hours. The Federal Firearms Licensee (FFL) Officer/
Employee Acknowledgment of Responsibilities Under the National Instant
Criminal Background Check System (NICS) Form takes approximately three
minutes to read the responsibilities and two minutes to complete the
form, for a total of five minutes. The average hour burden for this
specific form is 6,000 x 5 minutes/60 = 500 hours.
The accompanying letter mailed with the packet takes an additional
two minutes to read which would be 6,000 x 2 minutes/60 = 200 hours.
The entire process of reading the letter and completing both forms
would take 15 minutes per respondent. The average hour burden for
completing both forms and reading the accompanying letter would be
6,000 x 15/60 = 1,500 hours.
(5) An estimate of the total public burden (in hours) associated
with the collection:
The entire process of reading the letter and completing both forms
would take 15 minutes per respondent. The average hour burden for
completing both forms and reading the accompanying letter would be
6,000 x 15/60 = 1,500 hours.
If additional information is required, contact: Ms. Lynn Bryant,
Department Clearance Officer, United States Department of Justice,
Information Management and Security Staff, Justice Management Division,
Suite 1600, Patrick Henry Building, 601 D Street, NW., Washington, DC
20530.
Dated: August 18, 2009.
Lynn Bryant,
Department Clearance Officer, PRA, United States Department of Justice.
[FR Doc. E9-20167 Filed 8-21-09; 8:45 am]
BILLING CODE 4410-02-P