83_FR_14567 83 FR 14502 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision of a Currently Approved Collection; Licensed Firearms Manufacturers Records of Production, Disposition, and Supporting Data

83 FR 14502 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision of a Currently Approved Collection; Licensed Firearms Manufacturers Records of Production, Disposition, and Supporting Data

DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms and Explosives

Federal Register Volume 83, Issue 65 (April 4, 2018)

Page Range14502-14503
FR Document2018-06768

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 collection OMB 1140-0067 (Licensed Firearms Manufacturers Records of Production, Disposition, and Supporting Data) is being revised due to change in burden, since there is an increase in the number of respondents, responses, and total burden hours. The proposed information collection is also being published to obtain comments from the public and affected agencies.

Federal Register, Volume 83 Issue 65 (Wednesday, April 4, 2018)
[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Notices]
[Pages 14502-14503]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06768]


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DEPARTMENT OF JUSTICE

Bureau of Alcohol, Tobacco, Firearms and Explosives

[OMB Number 1140-0067]


Agency Information Collection Activities; Proposed eCollection 
eComments Requested; Revision of a Currently Approved Collection; 
Licensed Firearms Manufacturers Records of Production, Disposition, and 
Supporting Data

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

ACTION: 60-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 collection OMB 1140-0067 (Licensed Firearms 
Manufacturers Records of Production, Disposition, and Supporting Data) 
is being revised due to change in burden, since there is an increase in 
the number of respondents, responses, and total burden hours. The 
proposed information collection is also being published to obtain 
comments from the public and affected agencies.

DATES: Comments are encouraged and will be accepted for 60 days until 
June 4, 2018.

FOR FURTHER INFORMATION CONTACT: If you have additional comments, 
particularly with respect to the estimated public burden or associated 
response time, have suggestions, need a copy of the proposed 
information collection instrument with instructions, or desire any 
additional information, please contact Dawn Smith, ATF Firearms 
Industry Programs Branch either by mail at 244 Needy Road, Martinsburg, 
WV 25405, by email at [email protected], or by 
telephone at 304-267-1994.

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): 
Revision of a currently approved collection.
    2. The Title of the Form/Collection: Licensed Firearms 
Manufacturers Records of Production, Disposition, and Supporting Data
    3. The agency form number, if any, and the applicable component of 
the Department sponsoring the collection:
    Form number (if applicable): None.
    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 (if applicable): None.
    Abstract: Firearm manufacturers' records are permanent records of 
all firearms manufactured and records of their disposition. These 
records are vital to support ATF's mission to inquire

[[Page 14503]]

about the disposition of any firearm in the course of a criminal 
investigation.
    5. An estimate of the total number of respondents and the amount of 
time estimated for an average respondent to respond: An estimated 9,056 
respondents will respond approximately 1,269.59375 times, and it will 
take each respondent approximately 1.05 minutes to complete each 
response.
    6. An estimate of the total public burden (in hours) associated 
with the collection: The estimated annual public burden associated with 
this collection is 201,205 hours which is equal to 9,056 (# of 
respondents) * 1,269.59375 (# of responses per person) * .0175 (1.05 
minutes).
    7. An Explanation of the Change in Estimates: The increase in total 
responses by 6,678, total respondents by 1,523,647 and total burden 
hours by 23,673, are due to a general increase in both the number of 
firearms manufacturers that respond to this collection and the number 
of firearms produced each year.
    If additional information is required contact: Melody Braswell, 
Department Clearance Officer, United States Department of Justice, 
Justice Management Division, Policy and Planning Staff, Two 
Constitution Square, 145 N Street NE, 3E.405A, Washington, DC 20530.

    Dated: March 29, 2018.
Melody Braswell,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2018-06768 Filed 4-3-18; 8:45 am]
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                                             14502                         Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices

                                             District, U.S. Fish and Wildlife Service,               Ariel R. Vazquez, Resident Agent in                   copy of the proposed information
                                             Office of Law Enforcement, 4901 Paseo                   Charge, Arizona/New Mexico District,                  collection instrument with instructions,
                                             del Norte NE, Suite D, Albuquerque,                     U.S. Fish and Wildlife Service, Office of             or desire any additional information,
                                             NM 87113, telephone (505) 346–7828,                     Law Enforcement, 4901 Paseo del Norte                 please contact Dawn Smith, ATF
                                             email ariel_vazquez@fws.gov.                            NE, Suite D, Albuquerque, NM 87113,                   Firearms Industry Programs Branch
                                             SUPPLEMENTARY INFORMATION: Notice is                    telephone (505) 346–7828, email ariel_                either by mail at 244 Needy Road,
                                             here given in accordance with the                       vazquez@fws.gov, by May 4, 2018. After                Martinsburg, WV 25405, by email at
                                             Native American Graves Protection and                   that date, if no additional claimants                 fipb-informationcollection@atf.gov, or
                                             Repatriation Act (NAGPRA), 25 U.S.C.                    have come forward, transfer of control                by telephone at 304–267–1994.
                                             3005, of the intent to repatriate a                     of the object of cultural patrimony to the            SUPPLEMENTARY INFORMATION: Written
                                             cultural item under the control of the                  Comanche Nation, Oklahoma may                         comments and suggestions from the
                                             U.S. Fish and Wildlife Service, Office of               proceed.                                              public and affected agencies concerning
                                             Law Enforcement, Albuquerque, NM,                          The U.S. Fish and Wildlife Service is              the proposed collection of information
                                             that meets the definition of object of                  responsible for notifying the Comanche                are encouraged. Your comments should
                                             cultural patrimony under 25 U.S.C.                      Nation, Oklahoma that this notice has                 address one or more of the following
                                             3001.                                                   been published.                                       four points:
                                               This notice is published as part of the                Dated: February 28, 2018.                            —Evaluate whether the proposed
                                             National Park Service’s administrative                  Melanie O’Brien,                                         collection of information is necessary
                                             responsibilities under NAGPRA, 25                       Manager, National NAGPRA Program.                        for the proper performance of the
                                             U.S.C. 3003(d)(3). The determinations in                                                                         functions of the agency, including
                                                                                                     [FR Doc. 2018–06836 Filed 4–3–18; 8:45 am]
                                             this notice are the sole responsibility of                                                                       whether the information will have
                                                                                                     BILLING CODE 4312–52–P
                                             the museum, institution or Federal                                                                               practical utility;
                                             agency that has control of the Native                                                                         —Evaluate the accuracy of the agency’s
                                             American cultural items. The National                                                                            estimate of the burden of the
                                             Park Service is not responsible for the                 DEPARTMENT OF JUSTICE
                                                                                                                                                              proposed collection of information,
                                             determinations in this notice.                                                                                   including the validity of the
                                                                                                     Bureau of Alcohol, Tobacco, Firearms
                                             History and Description of the Cultural                 and Explosives                                           methodology and assumptions used;
                                             Item(s)                                                                                                       —Evaluate whether and if so how the
                                                                                                     [OMB Number 1140–0067]
                                                In February 2016, a cultural item was                                                                         quality, utility, and clarity of the
                                             removed from a residence in McKinley                    Agency Information Collection                            information to be collected can be
                                             County, NM. The cultural item was                       Activities; Proposed eCollection                         enhanced; and
                                             included in a collection of items with                  eComments Requested; Revision of a                    —Minimize the burden of the collection
                                             eagle feathers surrendered to law                       Currently Approved Collection;                           of information on those who are to
                                             enforcement agents. The one object of                   Licensed Firearms Manufacturers                          respond, including through the use of
                                             cultural patrimony is a bison headdress                 Records of Production, Disposition,                      appropriate automated, electronic,
                                             with glass beading and eagle plume                      and Supporting Data                                      mechanical, or other technological
                                             feathers. Cultural affiliation was                                                                               collection techniques or other forms
                                                                                                     AGENCY:  Bureau of Alcohol, Tobacco,                     of information technology, e.g.,
                                             determined based on the type of                         Firearms and Explosives, Department of
                                             beading, which compares with historic                                                                            permitting electronic submission of
                                                                                                     Justice.                                                 responses.
                                             photos of beaded headdresses provided
                                                                                                     ACTION: 60-Day notice.
                                             by the Comanche Nation, Oklahoma.                                                                             Overview of This Information
                                             Determinations Made by the U.S. Fish                    SUMMARY:   The Department of Justice                  Collection
                                             and Wildlife Service, Office of Law                     (DOJ), Bureau of Alcohol, Tobacco,                       1. Type of Information Collection
                                             Enforcement                                             Firearms and Explosives (ATF), will                   (check justification or form 83):
                                                                                                     submit the following information                      Revision of a currently approved
                                                Officials of the U.S. Fish and Wildlife              collection request to the Office of
                                             Service, Office of Law Enforcement,                                                                           collection.
                                                                                                     Management and Budget (OMB) for                          2. The Title of the Form/Collection:
                                             have determined that:                                   review and approval in accordance with
                                                • Pursuant to 25 U.S.C. 3001(3)(D),                                                                        Licensed Firearms Manufacturers
                                                                                                     the Paperwork Reduction Act of 1995.                  Records of Production, Disposition, and
                                             the one cultural item described above
                                                                                                     The proposed collection OMB 1140–                     Supporting Data
                                             has ongoing historical, traditional, or
                                                                                                     0067 (Licensed Firearms Manufacturers                    3. The agency form number, if any,
                                             cultural importance central to the
                                                                                                     Records of Production, Disposition, and               and the applicable component of the
                                             Native American group or culture itself,
                                                                                                     Supporting Data) is being revised due to              Department sponsoring the collection:
                                             rather than property owned by an
                                                                                                     change in burden, since there is an                      Form number (if applicable): None.
                                             individual.
                                                • Pursuant to 25 U.S.C. 3001(2), there               increase in the number of respondents,                   Component: Bureau of Alcohol,
                                             is a relationship of shared group                       responses, and total burden hours. The                Tobacco, Firearms and Explosives, U.S.
                                             identity that can be reasonably traced                  proposed information collection is also               Department of Justice.
                                             between the object of cultural patrimony                being published to obtain comments                       4. Affected public who will be asked
                                             and the Comanche Nation, Oklahoma.                      from the public and affected agencies.                or required to respond, as well as a brief
                                                                                                     DATES: Comments are encouraged and                    abstract:
                                             Additional Requestors and Disposition
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                                                                                                     will be accepted for 60 days until June                  Primary: Business or other for-profit.
                                               Lineal descendants or representatives                 4, 2018.                                                 Other (if applicable): None.
                                             of any Indian Tribe or Native Hawaiian                  FOR FURTHER INFORMATION CONTACT: If                      Abstract: Firearm manufacturers’
                                             organization not identified in this notice              you have additional comments,                         records are permanent records of all
                                             that wish to claim these cultural items                 particularly with respect to the                      firearms manufactured and records of
                                             should submit a written request with                    estimated public burden or associated                 their disposition. These records are vital
                                             information in support of the claim to:                 response time, have suggestions, need a               to support ATF’s mission to inquire


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                                                                           Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices                                                     14503

                                             about the disposition of any firearm in                 any applications for any other DEA                    Government’s representation and the
                                             the course of a criminal investigation.                 registrations.’’ Id.                                  record, I find that more than 30 days
                                               5. An estimate of the total number of                    With respect to the Agency’s                       have passed since the Order to Show
                                             respondents and the amount of time                      jurisdiction, the Show Cause Order                    Cause was served on Registrant, and he
                                             estimated for an average respondent to                  alleged that Registrant is registered as a            has neither requested a hearing nor
                                             respond: An estimated 9,056                             practitioner in schedules II through V,               submitted a written statement in lieu of
                                             respondents will respond approximately                  pursuant to DEA Certificate of                        a hearing. See 21 CFR 1301.43(d).
                                             1,269.59375 times, and it will take each                Registration No. BN8871231, at the                    Accordingly, I find that Registrant has
                                             respondent approximately 1.05 minutes                   address of Advanced Urgent Care, 5058                 waived his right to a hearing or to
                                             to complete each response.                              City Ave., Philadelphia, Pennsylvania.                submit a written statement and issue
                                               6. An estimate of the total public                    Id. The Order also alleged that this                  this Decision and Order based on
                                             burden (in hours) associated with the                   registration does not expire until                    relevant evidence submitted by the
                                             collection: The estimated annual public                 October 31, 2019. Id.                                 Government. I make the following
                                                                                                        As substantive grounds for the                     findings.
                                             burden associated with this collection is
                                                                                                     proceeding, the Show Cause Order
                                             201,205 hours which is equal to 9,056                                                                         Findings of Fact
                                                                                                     alleged that on September 15, 2017, the
                                             (# of respondents) * 1,269.59375 (# of                                                                           Registrant is a physician who is
                                                                                                     Commonwealth of Pennsylvania State
                                             responses per person) * .0175 (1.05                     Board of Medicine ‘‘issued an Order of                registered as a practitioner in schedules
                                             minutes).                                               Temporary Suspension and Notice of                    II–V pursuant to Certificate of
                                               7. An Explanation of the Change in                    Hearing in which it suspended                         Registration No. BN8871231, at the
                                             Estimates: The increase in total                        [Registrant’s] license to practice’’                  registered address of Advanced Urgent
                                             responses by 6,678, total respondents by                medicine. Id. The Order alleged that, as              Care, 5058 City Ave., Philadelphia,
                                             1,523,647 and total burden hours by                     a result, he is ‘‘currently without                   Pennsylvania. See GX 1 (DEA
                                             23,673, are due to a general increase in                authority to practice medicine or handle              Certification of Registration Status), at 1.
                                             both the number of firearms                             controlled substances in the                          Although not alleged in the Show Cause
                                             manufacturers that respond to this                      Commonwealth of Pennsylvania, the                     Order, I also find that Registrant is the
                                             collection and the number of firearms                   [S]tate in which [he is] registered with              holder of DATA-Waiver Identification
                                             produced each year.                                     the DEA.’’ Id. at 1–2. Based on his ‘‘lack            Number XN8871231, see id. at 1–2,1
                                               If additional information is required                 of authority to handle controlled                     which authorizes Registrant to dispense
                                             contact: Melody Braswell, Department                    substances in the Commonwealth of                     or prescribe schedule III–V narcotic
                                             Clearance Officer, United States                        Pennsylvania,’’ the Order asserted that               controlled substances which ‘‘have been
                                             Department of Justice, Justice                          ‘‘DEA must revoke’’ his registration. Id.             approved by the Food and Drug
                                             Management Division, Policy and                         at 2 (citing 21 U.S.C. 824(a)(3); 21 CFR              Administration . . . specifically for use
                                             Planning Staff, Two Constitution                        1301.37(b)).                                          in maintenance or detoxification
                                             Square, 145 N Street NE, 3E.405A,                          The Show Cause Order notified                      treatment’’ for up to 275 patients. 21
                                             Washington, DC 20530.                                   Registrant of his right to request a                  CFR 1301.28(a) & (b)(1)(iii). His
                                               Dated: March 29, 2018.                                hearing on the allegations or to submit               registration does not expire until
                                             Melody Braswell,
                                                                                                     a written statement in lieu of a hearing,             October 31, 2019. Id.
                                                                                                     the procedure for electing either option,                The record also shows, and I so find,
                                             Department Clearance Officer for PRA, U.S.
                                                                                                     and the consequence for failing to elect              that on September 22, 2016, Registrant
                                             Department of Justice.
                                                                                                     either option. Id. (citing 21 CFR                     ‘‘submitted a new online application for
                                             [FR Doc. 2018–06768 Filed 4–3–18; 8:45 am]
                                                                                                     1301.43). The Show Cause Order also                   a DEA registration bearing an address of
                                             BILLING CODE 4410–FY–P
                                                                                                     notified Registrant of his right to submit            721 Bethleh[e]m Pike,
                                                                                                     a corrective action plan. Id. at 2–3                  Montgomeryville,’’ Pennsylvania, as a
                                                                                                     (citing 21 U.S.C. 824(c)(2)(C)).                      practitioner in schedules II–V. I find
                                             DEPARTMENT OF JUSTICE                                      The Government states that on                      that this new application remains
                                             Drug Enforcement Administration                         October 27, 2017, ‘‘personnel from                    pending. See id. at 2.
                                                                                                     DEA’s Philadelphia Field Division                        On September 15, 2017, the
                                             Mehdi Nikparvarfard, M.D.; Decision                     personally served the [Show Cause]                    Commonwealth of Pennsylvania’s State
                                             and Order                                               Order on Registrant at the Philadelphia               Board of Medicine issued an ‘‘Order of
                                                                                                     Federal Detention Center where he was                 Temporary Suspension and Notice
                                                On October 20, 2017, the Acting                      incarcerated.’’ Government’s Request for              Hearing’’ to Registrant that
                                             Assistant Administrator, Diversion                      Final Agency Action (RFFA), at 2 (citing              ‘‘TEMPORARILY SUSPENDED’’ his
                                             Control Division, Drug Enforcement                      GX 5). Specifically, a DEA Diversion                  ‘‘license to practice as a medical
                                             Administration (DEA), issued an Order                   Investigator from that Field Division
                                             to Show Cause to Mehdi Nikparvarfard,                   states that she, along with a Task Force                1 The DEA Certification of Registration Status

                                             M.D. (Registrant), of Philadelphia,                     Officer, ‘‘presented the [Order] to Dr.               confirms that Registrant has DATA-Waiver
                                             Pennsylvania. The Show Cause Order                      Nikparvar-Fard’’ and that he ‘‘took the               Authority, but it does not include the identification
                                                                                                                                                           number for that authority. However, I take official
                                             proposed the revocation of Registrant’s                 [Order].’’ GX5, at 1.                                 notice that the Agency’s registration records show
                                             Certificate of Registration No.                            On December 21, 2018, the                          that Registrant’s DATA-Waiver Identification
                                             BN8871231 on the ground that he has                     Government forwarded its Request for                  Number is XN8871231. Under the Administrative
                                             ‘‘no state authority to handle controlled               Final Agency Action and an evidentiary                Procedure Act (APA), an agency ‘‘may take official
                                                                                                                                                           notice of facts at any stage in a proceeding—even
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                                             substances.’’ Order to Show Cause,                      record to my Office. Therein, the                     in the final decision.’’ U.S. Dept. of Justice,
                                             Government Exhibit (GX) 2, at 1 (citing                 Government represents that it has not                 Attorney General’s Manual on the Administrative
                                             21 U.S.C. 824(a)(3)). For the same                      received a hearing request and that                   Procedure Act 80 (1947) (Wm. W. Gaunt & Sons,
                                             reason, the Order also proposed the                     Registrant ‘‘has not otherwise                        Inc., Reprint 1979). In accordance with the APA
                                                                                                                                                           and DEA’s regulations, Registrant is ‘‘entitled on
                                             denial of any of Registrant’s                           corresponded or communicated with                     timely request to an opportunity to show to the
                                             ‘‘applications for renewal or                           DEA regarding the Order served on                     contrary.’’ 5 U.S.C. 556(e); see also 21 CFR
                                             modification of such registration and                   him.’’ RFFA, at 2. Based on the                       1316.59(e).



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Document Created: 2018-11-01 09:11:33
Document Modified: 2018-11-01 09:11:33
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
Action60-Day notice.
DatesComments are encouraged and will be accepted for 60 days until June 4, 2018.
ContactIf you have additional comments, particularly with respect to the estimated public burden or associated response time, have suggestions, need a copy of the proposed information collection instrument with instructions, or desire any additional information, please contact Dawn Smith, ATF Firearms Industry Programs Branch either by mail at 244 Needy Road, Martinsburg, WV 25405, by email at [email protected], or by telephone at 304-267-1994.
FR Citation83 FR 14502 

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