81_FR_25509 81 FR 25427 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Application To Make and Register a Firearm (ATF Form 1 (5320.1)

81 FR 25427 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Application To Make and Register a Firearm (ATF Form 1 (5320.1)

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 82 (April 28, 2016)

Page Range25427-25428
FR Document2016-09874

The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit 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 was previously published in the Federal Register 81 FR 8099, on February 17, 2016, allowing for a 60-day comment period.

Federal Register, Volume 81 Issue 82 (Thursday, April 28, 2016)
[Federal Register Volume 81, Number 82 (Thursday, April 28, 2016)]
[Notices]
[Pages 25427-25428]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09874]


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DEPARTMENT OF JUSTICE

[OMB Number 1140-0011]


Agency Information Collection Activities; Proposed eCollection 
eComments Requested; Application To Make and Register a Firearm (ATF 
Form 1 (5320.1)

AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives, Department 
of Justice

ACTION: 30-Day notice.

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SUMMARY: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, 
Firearms and Explosives (ATF), will submit 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 was previously published in 
the Federal Register 81 FR 8099, on February 17, 2016, allowing for a 
60-day comment period.

DATES: Comments are encouraged and will be accepted for an additional 
30 days until May 31, 2016.

FOR FURTHER INFORMATION CONTACT: If you have additional comments 
especially on the estimated public burden or associated response time, 
suggestions, or need a copy of the proposed information collection 
instrument with instructions or additional information, please contact 
Gary Schaible, Industry Liaison Analyst, Bureau of Alcohol, Tobacco, 
Firearms and Explosives (ATF), 99 New York Ave. NE., Washington, DC 
20226 at email: [email protected]. Written comments and/or 
suggestions can also be directed to the Office of Management and 
Budget, Office of Information and Regulatory Affairs, Attention 
Department of Justice Desk Officer, Washington, DC 20503 or sent to 
[email protected].

SUPPLEMENTARY INFORMATION: 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:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;

[[Page 25428]]

     Evaluate whether and if so how the quality, utility, and 
clarity of the information to be collected can be enhanced; and
     Minimize the burden of the collection of information on 
those who are to respond, including through 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 Collection

    1. Type of Information Collection: Revision of a currently approved 
collection.
    2. The Title of the Form/Collection: Application to Make and 
Register a Firearm.
    3. The agency form number, if any, and the applicable component of 
the Department sponsoring the collection:
    Form number: ATF Form 1 (5320.1).
    Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, 
U.S. Department of Justice.
    4. Affected public who will be asked or required to respond, as 
well as a brief abstract:
    Primary: Business or other for-profit.
    Other: Individuals or households; and State, Local or Tribal 
Government.
    Abstract: This form is filed to obtain permission to make and 
register a National Firearms Act (NFA) firearm. Possession of an 
unregistered NFA firearm is illegal. The approval of the application 
effectuates the registration of the firearm to the applicant. For any 
person other than a government agency, the making incurs a tax of $200.
    5. An estimate of the total number of respondents and the amount of 
time estimated for an average respondent to respond: An estimated 
25,716 respondents will take 3.86 hours to respond.
    6. An estimate of the total public burden (in hours) associated 
with the collection: The estimated annual public burden associated with 
this collection is 102,808 hours.
    If additional information is required contact: Jerri Murray, 
Department Clearance Officer, United States Department of Justice, 
Justice Management Division, Policy and Planning Staff, Two 
Constitution Square, 145 N Street NE., Room 3E-405B, Washington, DC 
20530.

    Dated: April 22, 2016.
Jerri Murray,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2016-09874 Filed 4-27-16; 8:45 am]
BILLING CODE 4410-FY-P



                                                                                Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices                                         25427

                                                  substance in the course of professional                 substances, it affirmatively prohibits                DEPARTMENT OF JUSTICE
                                                  practice.’’ 21 U.S.C. 802(21). Likewise,                him from ordering, storing (possessing),
                                                                                                                                                                [OMB Number 1140–0011]
                                                  the CSA conditions the granting of a                    administering and directly dispensing
                                                  practitioner’s application for registration             all controlled substances. While                      Agency Information Collection
                                                  on his/her possession of authority to                   Registrant’s DEA registration does not                Activities; Proposed eCollection
                                                  dispense controlled substances under                    authorize him to handle schedule II and               eComments Requested; Application To
                                                  state law. See 21 U.S.C. 823(f) (‘‘The                  III controlled substances in any manner,              Make and Register a Firearm (ATF
                                                  Attorney General shall register                         his registration currently provides                   Form 1 (5320.1)
                                                  practitioners . . . to dispense . . .                   authority for him to order, store,
                                                  controlled substances . . . if the                                                                            AGENCY:  Bureau of Alcohol, Tobacco,
                                                                                                          administer and directly dispense
                                                  applicant is authorized to dispense . . .                                                                     Firearms and Explosives, Department of
                                                                                                          schedule IV and V controlled
                                                  controlled substances under the laws of                                                                       Justice
                                                  the State in which he practices.’’). And                substances. Because Registrant’s DEA
                                                                                                                                                                ACTION: 30-Day notice.
                                                  of further note, the CSA defines the term               registration can only grant him authority
                                                  ‘‘dispense’’ as meaning ‘‘to deliver a                  to the extent that the State has granted              SUMMARY:   The Department of Justice
                                                  controlled substance to an ultimate user                him authority, I will order that his                  (DOJ), Bureau of Alcohol, Tobacco,
                                                  . . . by, or pursuant to the lawful order               registration be restricted to authorize               Firearms and Explosives (ATF), will
                                                  of, a practitioner.’’ Id. § 802(10)                     only the prescribing of controlled                    submit the following information
                                                  (emphasis added).                                       substances in schedules IV and V.                     collection request to the Office of
                                                     Thus, the Agency has repeatedly held                    Also, in the event Registrant intends              Management and Budget (OMB) for
                                                  that the possession of authority to                     to seek authority to prescribe schedule               review and approval in accordance with
                                                  dispense controlled substances under                    II or III controlled substances upon the              the Paperwork Reduction Act of 1995.
                                                  the laws of the State in which a                        expiration of the OBNDD’s condition, he               The proposed information collection
                                                  practitioner engages in professional                                                                          was previously published in the Federal
                                                                                                          must apply for a modification of his
                                                  practice is a fundamental condition for                                                                       Register 81 FR 8099, on February 17,
                                                                                                          DEA registration before doing so. See 21
                                                  obtaining and maintaining a                                                                                   2016, allowing for a 60-day comment
                                                  practitioner’s registration. See, e.g.,                 CFR 1301.51. So too, in the event                     period.
                                                  James L. Hooper, 76 FR 71371 (2011),                    Registrant seeks to engage in the
                                                                                                          ordering, storing, dispensing or                      DATES: Comments are encouraged and
                                                  pet. for rev. denied, 481 Fed. Appx. 826                                                                      will be accepted for an additional 30
                                                  (4th Cir. 2012). And because a                          administering of any controlled
                                                                                                          substance upon the expiration of his                  days until May 31, 2016.
                                                  practitioner’s authority under the CSA
                                                                                                          probation, he must apply for a                        FOR FURTHER INFORMATION CONTACT: If
                                                  is based on his/her authority to dispense
                                                  controlled substances under the laws of                 modification of his DEA registration                  you have additional comments
                                                  the State in which he practices, the                    before doing so. Finally, because the                 especially on the estimated public
                                                  Agency has further held that ‘‘to the                   Oklahoma Medical Board’s records list                 burden or associated response time,
                                                  extent a practitioner is not authorized                 Registrant’s practice address as being                suggestions, or need a copy of the
                                                  under state law to dispense certain                                                                           proposed information collection
                                                                                                          different from his DEA registered
                                                  categories or schedules of controlled                                                                         instrument with instructions or
                                                                                                          address, and it appears that Registrant is
                                                  substances, he can no longer lawfully                                                                         additional information, please contact
                                                                                                          no longer practicing at the latter                    Gary Schaible, Industry Liaison Analyst,
                                                  dispense them under federal law.’’                      address, he is directed to inquire of the
                                                  Kenneth Harold Bull, 78 FR 62666,                                                                             Bureau of Alcohol, Tobacco, Firearms
                                                                                                          local DEA office as to whether he must                and Explosives (ATF), 99 New York
                                                  62672 (2013).                                           obtain a modification of his registration
                                                     For the same reason, where a state                                                                         Ave. NE., Washington, DC 20226 at
                                                                                                          to reflect his new practice address. See              email: nfaombcomments@atf.gov.
                                                  board limits a practitioner’s controlled
                                                                                                          21 CFR 1301.12(a) & (b).                              Written comments and/or suggestions
                                                  substance authority by prohibiting him
                                                  from possessing controlled substances                   Order                                                 can also be directed to the Office of
                                                  or by limiting his authority to                                                                               Management and Budget, Office of
                                                  prescribing, the practitioner’s authority                  Pursuant to the authority vested in me             Information and Regulatory Affairs,
                                                  under his DEA registration must also be                 by 21 U.S.C. 824(a), as well as 28 CFR                Attention Department of Justice Desk
                                                  so limited. See, e.g., Steven M.                        0.100(b), I order that DEA Certificate of             Officer, Washington, DC 20503 or sent
                                                  Abbadessa, 74 FR 10077, 10082 (2009)                    Registration# FR4496267 issued to                     to OIRA_submissions@omb.eop.gov.
                                                  (noting ambiguity in state agency’s order               Abolghasem Rezaei, M.D., be, and it                   SUPPLEMENTARY INFORMATION: Written
                                                  as to whether it authorized physician to                hereby is, restricted to authorize only               comments and suggestions from the
                                                  administer controlled substances at his                 the prescribing of controlled substances              public and affected agencies concerning
                                                  clinic and requiring him to provide                     in schedules IV and V. This Order is                  the proposed collection of information
                                                  evidence that such activity was                         effective immediately.                                are encouraged. Your comments should
                                                  authorized by the State prior to doing                                                                        address one or more of the following
                                                  so); cf. United States v. Moore, 423 U.S.                 Dated: April 21, 2016.                              four points:
                                                  122, 140–41 (1975) (‘‘In the case of a                  Chuck Rosenberg,                                        • Evaluate whether the proposed
                                                  physician, [the CSA] contemplates that                  Acting Administrator.                                 collection of information is necessary
                                                  he is authorized by the State to practice               [FR Doc. 2016–09973 Filed 4–27–16; 8:45 am]           for the proper performance of the
                                                  medicine and to dispense drugs in                                                                             functions of the agency, including
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                                                                                                          BILLING CODE 4410–09–P
                                                  connection with his professional                                                                              whether the information will have
                                                  practice. The federal registration . . .                                                                      practical utility;
                                                  extends no further.’’).                                                                                         • Evaluate the accuracy of the
                                                     Accordingly, although the OBNDD’s                                                                          agency’s estimate of the burden of the
                                                  Stipulation and Agreed Order                                                                                  proposed collection of information,
                                                  effectively authorizes Registrant to                                                                          including the validity of the
                                                  prescribe schedule IV and V controlled                                                                        methodology and assumptions used;


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                                                  25428                         Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices

                                                    • Evaluate whether and if so how the                  DEPARTMENT OF JUSTICE                                   • Evaluate whether and if so how the
                                                  quality, utility, and clarity of the                                                                          quality, utility, and clarity of the
                                                                                                          [OMB Number 1140–0014]
                                                  information to be collected can be                                                                            information to be collected can be
                                                  enhanced; and                                           Agency Information Collection                         enhanced; and
                                                    • Minimize the burden of the                                                                                  • Minimize the burden of the
                                                                                                          Activities; Proposed eCollection
                                                  collection of information on those who                                                                        collection of information on those who
                                                                                                          eComments Requested; Application
                                                  are to respond, including through the                                                                         are to respond, including through the
                                                                                                          for Tax Paid Transfer and Registration
                                                  use of appropriate automated,                                                                                 use of appropriate automated,
                                                                                                          of Firearm (ATF Form 4 (5320.4)
                                                  electronic, mechanical, or other                                                                              electronic, mechanical, or other
                                                  technological collection techniques or                  AGENCY:  Bureau of Alcohol, Tobacco,                  technological collection techniques or
                                                  other forms of information technology,                  Firearms and Explosives, Department of                other forms of information technology,
                                                  e.g., permitting electronic submission of               Justice.                                              e.g., permitting electronic submission of
                                                  responses.                                              ACTION: 30-Day notice.                                responses.
                                                  Overview of This Information                            SUMMARY:   The Department of Justice                  Overview of This Information
                                                  Collection                                              (DOJ), Bureau of Alcohol, Tobacco,                    Collection
                                                     1. Type of Information Collection:                   Firearms and Explosives (ATF), will
                                                  Revision of a currently approved                        submit the following information                         1. Type of Information Collection:
                                                  collection.                                             collection request to the Office of                   Revision of a currently approved
                                                     2. The Title of the Form/Collection:                 Management and Budget (OMB) for                       collection.
                                                  Application to Make and Register a                      review and approval in accordance with                   2. The Title of the Form/Collection:
                                                  Firearm.                                                the Paperwork Reduction Act of 1995.                  Application for Tax Paid Transfer and
                                                     3. The agency form number, if any,                   The proposed information collection                   Registration of Firearm.
                                                  and the applicable component of the                     was previously published in the Federal                  3. The agency form number, if any,
                                                  Department sponsoring the collection:                   Register 81 FR 8100, on February 17,                  and the applicable component of the
                                                     Form number: ATF Form 1 (5320.1).                    2016, allowing for a 60-day comment                   Department sponsoring the collection:
                                                     Component: Bureau of Alcohol,
                                                                                                          period.                                                  Form number: ATF Form 4 (5320.4).
                                                  Tobacco, Firearms and Explosives, U.S.
                                                  Department of Justice.                                  DATES: Comments are encouraged and                       Component: Bureau of Alcohol,
                                                     4. Affected public who will be asked                 will be accepted for an additional 30                 Tobacco, Firearms and Explosives, U.S.
                                                  or required to respond, as well as a brief              days until May 31, 2016.                              Department of Justice.
                                                  abstract:                                               FOR FURTHER INFORMATION CONTACT: If                      4. Affected public who will be asked
                                                     Primary: Business or other for-profit.               you have additional comments                          or required to respond, as well as a brief
                                                     Other: Individuals or households; and                especially on the estimated public                    abstract:
                                                  State, Local or Tribal Government.                      burden or associated response time,                      Primary: Business or other for-profit.
                                                     Abstract: This form is filed to obtain               suggestions, or need a copy of the
                                                  permission to make and register a                                                                                Other: Individuals or households; and
                                                                                                          proposed information collection                       Not-for-profit institutions.
                                                  National Firearms Act (NFA) firearm.                    instrument with instructions or
                                                  Possession of an unregistered NFA                                                                                Abstract: This form is filed to obtain
                                                                                                          additional information, please Gary
                                                  firearm is illegal. The approval of the                                                                       permission to transfer and register a
                                                                                                          Schaible, Industry Liaison Analyst,
                                                  application effectuates the registration                                                                      National Firearms Act (NFA) firearm. A
                                                                                                          Bureau of Alcohol, Tobacco, Firearms
                                                  of the firearm to the applicant. For any                                                                      transfer without approval and
                                                                                                          and Explosives (ATF), 99 New York
                                                  person other than a government agency,                                                                        possession of an unregistered NFA
                                                                                                          Ave. NE., Washington, DC 20226 at
                                                  the making incurs a tax of $200.                                                                              firearm are illegal. The approval of the
                                                                                                          email: nfaombcomments@atf.gov.
                                                     5. An estimate of the total number of                                                                      application effectuates the registration
                                                                                                          Written comments and/or suggestions
                                                  respondents and the amount of time                                                                            of a firearm to the transferee. There is
                                                                                                          can also be directed to the Office of
                                                  estimated for an average respondent to                                                                        a tax of $5 or $200 on the transfer of an
                                                                                                          Management and Budget, Office of
                                                  respond: An estimated 25,716                                                                                  NFA firearm with certain exceptions
                                                                                                          Information and Regulatory Affairs,
                                                  respondents will take 3.86 hours to                                                                           (see ATF Forms 3 and 5 for tax exempt
                                                                                                          Attention Department of Justice Desk
                                                  respond.                                                                                                      transfer information).
                                                                                                          Officer, Washington, DC 20503 or sent
                                                     6. An estimate of the total public                   to OIRA_submissions@omb.eop.gov.                         5. An estimate of the total number of
                                                  burden (in hours) associated with the                                                                         respondents and the amount of time
                                                                                                          SUPPLEMENTARY INFORMATION: Written
                                                  collection: The estimated annual public                                                                       estimated for an average respondent to
                                                  burden associated with this collection is               comments and suggestions from the
                                                                                                                                                                respond: An estimated 123,339
                                                  102,808 hours.                                          public and affected agencies concerning
                                                                                                                                                                respondents will take 3.66 hours to
                                                     If additional information is required                the proposed collection of information
                                                                                                                                                                respond.
                                                  contact: Jerri Murray, Department                       are encouraged. Your comments should
                                                                                                          address one or more of the following                     6. An estimate of the total public
                                                  Clearance Officer, United States                                                                              burden (in hours) associated with the
                                                  Department of Justice, Justice                          four points:
                                                  Management Division, Policy and                           • Evaluate whether the proposed                     collection: The estimated annual public
                                                                                                          collection of information is necessary                burden associated with this collection is
                                                  Planning Staff, Two Constitution                                                                              466,755 hours.
                                                  Square, 145 N Street NE., Room 3E–                      for the proper performance of the
                                                                                                          functions of the agency, including                       If additional information is required
mstockstill on DSK3G9T082PROD with NOTICES




                                                  405B, Washington, DC 20530.
                                                                                                          whether the information will have                     contact: Jerri Murray, Department
                                                    Dated: April 22, 2016.                                practical utility;                                    Clearance Officer, United States
                                                  Jerri Murray,                                             • Evaluate the accuracy of the                      Department of Justice, Justice
                                                  Department Clearance Officer for PRA, U.S.              agency’s estimate of the burden of the                Management Division, Policy and
                                                  Department of Justice.                                  proposed collection of information,                   Planning Staff, Two Constitution
                                                  [FR Doc. 2016–09874 Filed 4–27–16; 8:45 am]             including the validity of the                         Square, 145 N Street NE., Room 3E–
                                                  BILLING CODE 4410–FY–P                                  methodology and assumptions used;                     405B, Washington, DC 20530.


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Document Created: 2016-04-28 01:05:55
Document Modified: 2016-04-28 01:05:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
Action30-Day notice.
DatesComments are encouraged and will be accepted for an additional 30 days until May 31, 2016.
ContactIf you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Gary Schaible, Industry Liaison Analyst, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), 99 New York Ave. NE., Washington, DC 20226 at email: [email protected] Written comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503 or sent to [email protected]
FR Citation81 FR 25427 

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