81 FR 2912 - Agency Information Collection Activities; Proposed eCollection eComments Requested; National Tracing Center Trace Request, ATF F 3312.1

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 11 (January 19, 2016)

Page Range		2912-2913
FR Document		2016-00805

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.

Federal Register, Volume 81 Issue 11 (Tuesday, January 19, 2016)

[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)]
[Notices]
[Pages 2912-2913]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00805]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

[OMB Number 1140-0043]


Agency Information Collection Activities; Proposed eCollection 
eComments Requested; National Tracing Center Trace Request, ATF F 
3312.1

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

ACTION: Corrected 60-day notice.

-----------------------------------------------------------------------

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.

DATES:  Comments are encouraged and will be accepted for 60 days until 
March 21, 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 
Larry Penninger, Jr., National Tracing Center, 244 Needy Road, 
Martinsburg, WV 25405, at telephone number of email: 1-800-788-7133 or 
[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;
     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 (check justification or form 83): 
Extension of a currently approved collection.
    2. The Title of the Form/Collection: National Tracing Center Trace 
Request.
    3. The agency form number, if any, and the applicable component of 
the Department sponsoring the collection:
    Form number (if applicable): ATF F 3312.1.
    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: Federal Government.
    Other (if applicable): State, Local, or Tribal Government.
    Abstract: The ATF Form 3312.1 is used by Federal, State, local and 
certain

[[Page 2913]]

foreign law enforcement officials to request that the Bureau of 
Alcohol, Tobacco, Firearms and Explosives (ATF) trace firearms used or 
suspected to have been used in crimes.
    5. An estimate of the total number of respondents and the amount of 
time estimated for an average respondent to respond: An estimated 6,103 
respondents will take 6 minutes to complete the survey.
    6. An estimate of the total public burden (in hours) associated 
with the collection: The estimated annual public burden associated with 
this collection is 34,448 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: January 12, 2016.
Jerri Murray,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2016-00805 Filed 1-15-16; 8:45 am]
 BILLING CODE 4410-FY-P

2912 Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Notices

address one or more of the following NIJ CTP Authorized Representatives FOR FURTHER INFORMATION CONTACT: If
four points: Notification: Estimated 25 respondents you have additional comments
—Evaluate whether the proposed at 15 minutes each; especially on the estimated public
collection of information is necessary NIJ CTP Body Armor Build Sheet: burden or associated response time,
for the proper performance of the Estimated 60 respondents (estimated suggestions, or need a copy of the
functions of the agency, including 150 responses) at 1 hour each; proposed information collection
whether the information will have NIJ CTP Body Armor Agreement: instrument with instructions or
practical utility; Estimated 60 respondents (estimated additional information, please contact
—Evaluate the accuracy of the agency’s 150 responses) at 15 minutes each; Larry Penninger, Jr., National Tracing
estimate of the burden of the NIJ CTP Manufacturing Location Center, 244 Needy Road, Martinsburg,
proposed collection of information, Notification: Estimated 60 respondents WV 25405, at telephone number of
including the validity of the (estimated 100 responses) at 15 minutes email: 1–800–788–7133 or
methodology and assumptions used; each; larry.penninger@atf.gov.
—Evaluate whether and if so how the NIJ CTP Listee Notification: Estimated SUPPLEMENTARY INFORMATION: Written
quality, utility, and clarity of the 60 respondents at 15 minutes each; comments and suggestions from the
information to be collected can be NIJ Approved Laboratory Application public and affected agencies concerning
enhanced; and and Agreement: Estimated 5 the proposed collection of information
—Minimize the burden of the collection respondents at 1 hour each; are encouraged. Your comments should
of information on those who are to NIJ CTP Electronic Signature address one or more of the following
respond, including through the use of Agreement: Estimated 60 respondents at four points:
appropriate automated, electronic, 10 minutes each. • Evaluate whether the proposed
mechanical, or other technological 6 An estimate of the total public collection of information is necessary
collection techniques or other forms burden (in hours) associated with the for the proper performance of the
of information technology, e.g., collection: The estimated total public functions of the agency, including
permitting electronic submission of burden associated with this information whether the information will have
responses. is 328 hours in the first year and 289 practical utility;
hours each subsequent year. • Evaluate the accuracy of the
Overview of This Information If additional information is required agency’s estimate of the burden of the
Collection contact: Jerri Murray, Department proposed collection of information,
1 Type of Information Collection: Clearance Officer, United States including the validity of the
Revision of a currently approved Department of Justice, Justice methodology and assumptions used;
collection. Management Division, Policy and • Evaluate whether and if so how the
2 The Title of the Form/Collection: Planning Staff, Two Constitution quality, utility, and clarity of the
National Institute of Justice Compliance Square, 145 N Street NE., 3E.405B, information to be collected can be
Testing Program (NIJ CTP). This Washington, DC 20530. enhanced; and
collection consists of eight forms: NIJ Dated: January 13, 2016. • Minimize the burden of the
CTP Applicant Agreement; NIJ CTP Jerri Murray, collection of information on those who
Authorized Representatives are to respond, including through the
Department Clearance Officer for PRA, U.S.
Notification; NIJ CTP Body Armor Build Department of Justice. use of appropriate automated,
Sheet; NIJ CTP Ballistic Body Armor electronic, mechanical, or other
[FR Doc. 2016–00877 Filed 1–15–16; 8:45 am]
Agreement; NIJ CTP Manufacturing technological collection techniques or
BILLING CODE 4410–18–P
Location Notification; NIJ CTP Multiple other forms of information technology,
Listee Notification; NIJ Approved e.g., permitting electronic submission of
Laboratory Application and Agreement; DEPARTMENT OF JUSTICE responses.
NIJ CTP Electronic Signature Overview of This Information
[OMB Number 1140–0043]
Agreement. Collection
3 The agency form number, if any, Agency Information Collection 1. Type of Information Collection
and the applicable component of the Activities; Proposed eCollection (check justification or form 83):
Department sponsoring the collection: eComments Requested; National Extension of a currently approved
N/A, National Institute of Justice. Tracing Center Trace Request, ATF F collection.
4 Affected public who will be asked or 3312.1 2. The Title of the Form/Collection:
required to respond, as well as a brief National Tracing Center Trace Request.
abstract: Applicants to the NIJ AGENCY: Bureau of Alcohol, Tobacco,
3. The agency form number, if any,
Compliance Testing Program and Firearms and Explosives, Department of
and the applicable component of the
Testing Laboratories. Other: None. The Justice.
Department sponsoring the collection:
purpose of the voluntary NIJ ACTION: Corrected 60-day notice. Form number (if applicable): ATF F
Compliance Testing Program (CTP) is to 3312.1.
provide confidence that equipment used SUMMARY: The Department of Justice Component: Bureau of Alcohol,
for law enforcement and corrections (DOJ), Bureau of Alcohol, Tobacco, Tobacco, Firearms and Explosives, U.S.
applications meets minimum published Firearms and Explosives (ATF), will
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Department of Justice.
performance requirements. submit the following information 4. Affected public who will be asked
5 An estimate of the total number of collection request to the Office of or required to respond, as well as a brief
respondents and the amount of time Management and Budget (OMB) for abstract:
estimated for an average respondent to review and approval in accordance with Primary: Federal Government.
respond: the Paperwork Reduction Act of 1995. Other (if applicable): State, Local, or
NIJ CTP Applicant Agreement: DATES: Comments are encouraged and Tribal Government.
Estimated 80 respondents at 1 hour will be accepted for 60 days until March Abstract: The ATF Form 3312.1 is
each; 21, 2016. used by Federal, State, local and certain

VerDate Sep<11>2014 17:50 Jan 15, 2016 Jkt 238001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\19JAN1.SGM 19JAN1

Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Notices 2913

foreign law enforcement officials to that the submission contains an amicus taken, against such employee, former
request that the Bureau of Alcohol, brief in the Abernathy case. Any employee, or applicant for employment, as a
Tobacco, Firearms and Explosives (ATF) commonly-used word processing format result of a prohibited personnel practice
described in section 2302(b)(8) . . . seek
trace firearms used or suspected to have or PDF format is acceptable; text formats
corrective action from [the Board].
been used in crimes. are preferable to image formats. Briefs
5. An estimate of the total number of may also be filed with William D. 5 U.S.C. § 1221(a) (emphasis added).
respondents and the amount of time Spencer, Clerk of the Board, Merit Section 2302(b)(8) prohibits any
estimated for an average respondent to Systems Protection Board, 1615 M employee who has authority to take,
respond: An estimated 6,103 Street NW., Washington, DC 20419; Fax direct others to take, recommend, or
respondents will take 6 minutes to (202) 653–7130. approve any personnel action to:
complete the survey. FOR FURTHER INFORMATION CONTACT: (8) take or fail to take, or threaten to take
6. An estimate of the total public Molly Leckey, Office of the Clerk of the or fail to take, a personnel action with respect
burden (in hours) associated with the Board, Merit Systems Protection Board, to any employee or applicant for employment
collection: The estimated annual public 1615 M Street NW., Washington, DC because of—
burden associated with this collection is 20419; (202) 653–7200; mspb@ (A) any disclosure of information by an
34,448 hours. employee or applicant which the employee
mspb.gov. or applicant reasonably believes evidences—
If additional information is required SUPPLEMENTARY INFORMATION: The (i) any violation of any law, rule, or
contact: Jerri Murray, Department administrative judge in Abernathy regulation, or
Clearance Officer, United States dismissed the individual right of action (ii) gross mismanagement, a gross waste of
Department of Justice, Justice (IRA) appeal for lack of jurisdiction, funds, an abuse of authority, or a substantial
Management Division, Policy and and specific danger to public health or safety,
finding that the appellant did not make if such disclosure is not specifically
Planning Staff, Two Constitution a protected disclosure because, when he
Square, 145 N Street NE., Room 3E– prohibited by law and if such information is
made the disclosure, he was neither an not specifically required by Executive order
405B, Washington, DC 20530. ‘‘employee’’ nor an ‘‘applicant,’’ but to be kept secret in the interest of national
Dated: January 12, 2016. rather, a Federal contractor. Of defense or the conduct of foreign affairs; or
Jerri Murray, particular relevance in Abernathy is the (B) any disclosure to the Special Counsel,
Department Clearance Officer for PRA, U.S. jurisdictional question of whether, or to the Inspector General of an agency or
Department of Justice. under the Whistleblower Protection Act another employee designated by the head of
the agency to receive such disclosures, of
[FR Doc. 2016–00805 Filed 1–15–16; 8:45 am] of 1989 (WPA), as amended by the information which the employee or applicant
BILLING CODE 4410–FY–P Whistleblower Protection Enhancement reasonably believes evidences—
Act of 2012 (WPEA), both the disclosure (i) any violation (other than a violation of
and the subject matter of the disclosure this section) of any law, rule, or regulation,
MERIT SYSTEMS PROTECTION must have occurred after the individual or
who is seeking corrective action in an (ii) gross mismanagement, a gross waste of
BOARD
IRA appeal became an applicant or funds, an abuse of authority, or a substantial
employee. and specific danger to public health or
Notice of Opportunity To File Amicus safety[.]
Briefs The Board believes that some
ambiguity may exist in the language of 5 U.S.C. § 2302(b)(8) (emphasis added).
AGENCY: Merit Systems Protection the statute regarding who is covered by The Board has held that, in
Board. the WPA and WPEA. A starting point whistleblower retaliation claims, 5
ACTION: Notice. for statutory interpretation is the words U.S.C. 1221(a) and 2302(b)(8) should be
of the statute itself, which must be read together. See Schmittling v.
SUMMARY: The Merit Systems Protection examined to determine Congress’s Department of the Army, 92 M.S.P.R.
Board (MSPB or the Board) announces intent and purpose. In construing 572 (2002). In construing section
the opportunity to file amicus briefs in statutes, their provisions should not be 1221(a) with section 2302(b)(8), it is
the matter of Mark Abernathy v. read in isolation; rather, each statute’s possibly unclear if a request for
Department of the Army, MSPB Docket section should be construed in corrective action under the WPA must
No. DC–1221–14–0364–W–1, currently connection with every other section so concern only actions that occurred
pending before the Board on petition for as to produce a harmonious whole. Yee while the individual was an employee
review. Additional information v. Department of the Navy, 121 M.S.P.R. or applicant for employment. In other
concerning the question on which the 686 (2014). Because the WPA and words, it is possibly uncertain whether,
Board invites amicus briefing in WPEA are remedial legislation, the to constitute a disclosure ‘‘by an
Abernathy and the required format and Board will interpret their provisions employee or applicant,’’ the disclosure
length of amicus briefs can be found in liberally to embrace all cases fairly of information described in section
the Supplementary Information below. within their scope, so as to effectuate 2302(b)(8)(A), as well as the subject
DATES: All briefs submitted in response the purpose of the Acts. See Fishbein v. matter of the disclosure, must have
to this notice must be received by the Department of Health & Human transpired after—and not before—the
Clerk of the Board on or before February Services, 102 M.S.P.R. 4 (2006). We now individual seeking corrective action
9, 2016. turn to the two statutory provisions in became ‘‘an employee’’ or ‘‘an applicant
ADDRESSES: All briefs shall be captioned question. for employment.’’
asabaliauskas on DSK5VPTVN1PROD with NOTICES

‘‘Mark Abernathy v. Department of the The Board has jurisdiction over The U.S. Court of Appeals for the
Army’’ and entitled ‘‘Amicus Brief.’’ whistleblower claims filed pursuant to 5 Federal Circuit (Federal Circuit)
Only one copy of the brief need be U.S.C. 1221(a), as amended by WPEA addressed this question in three
submitted. The Board encourages § 101(b)(1)(A). Section 1221(a) provides nonprecedential decisions, all of which
interested parties to submit amicus that: were decided before the enactment of
briefs as attachments to electronic mail an employee, former employee, or applicant the WPEA. See Nasuti v. Merit Systems
addressed to mspb@mspb.gov. An email for employment may, with respect to any Protection Board, 376 F. App’x 29 (Fed.
should contain a subject line indicating personnel action taken, or proposed to be Cir. 2010) (per curiam) (finding that an

VerDate Sep<11>2014 17:50 Jan 15, 2016 Jkt 238001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\19JAN1.SGM 19JAN1

Document Created: 2016-01-16 01:12:02
Document Modified: 2016-01-16 01:12:02

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Corrected 60-day notice.
Dates		Comments are encouraged and will be accepted for 60 days until March 21, 2016.
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 Larry Penninger, Jr., National Tracing Center, 244 Needy Road, Martinsburg, WV 25405, at telephone number of email: 1-800-788-7133 or [email protected]
FR Citation		81 FR 2912