SUPPLEMENTARY INFORMATION:

We encourage written comments and suggestions from the public and affected agencies concerning the proposed information collection. Your comments should address one or more of the following four points:

—Evaluate whether the proposed information collection is necessary to properly perform ATF's functions, including whether the information will have practical utility;

—Evaluate the agency's estimate of the proposed information collection's burden for accuracy, including validity of the methodology and assumptions used;

—Evaluate whether the quality, utility, and clarity of the information being collected can be enhanced, and if so, how; and

—Minimize the information collection's burden on those who are to respond, including using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting people to submit electronic responses.

Overview of This Information Collection

Abstract: Title XI of the Organized Crime Control Act of 1970 (the Act) and its implementing regulations at 27 CFR part 555 require that persons who want to engage in the business of manufacturing, importing, or dealing in explosives, or using them, must file an application with ATF for an explosives license/permit. This requirement also mandates that the applicant include specific information about responsible persons (RPs) and other employees who are authorized to handle explosives in the course of their duties (employee possessors, EPs). Further, 18 U.S.C. 843(h) requires ATF to conduct background checks on the applicant and any RPs and EPs. These requirements help ensure compliance with the provisions of 18 U.S.C. 842(i), which prohibits certain persons from possessing explosive materials. This information collection covers the requirement to submit information on EPs. All persons holding ATF explosives licenses/permits must report to ATF identifying information about their EPs and any subsequent changes to their EPs. ATF's regulations establish that applicants must use ATF Form 5400.28, Explosives Employee Possessor Questionnaire (EPQ) for this purpose. Doing so helps ensure that respondents provide all the necessary information to conduct the EP background checks and ensure they are not prohibited from operations involving explosives.

Type of information collection: revising a previously approved collection.

Title of the form/collection: Explosives Employee Possessor Questionnaire (EPQ).

Agency form number, if any, and the applicable component of the Department sponsoring the collection: Form number: ATF Form 5400.28. Component: Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Affected public who will be asked or required to respond, as well as the obligation to respond: Affected public: business or other for-profit, individuals or households. Obligation to respond: required to obtain a benefit.

Estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: There are an estimated 80,661 respondents associated with this collection per year, and it will take each respondent an average of approximately 20 minutes (0.33 hours) per response to complete their responses.

Estimate of the total annual burden (in hours) associated with the collection: The estimated annual public burden associated with this collection is 26,860 hours, which is equal to 80,661 (total respondents) * 1 (# of responses per respondent) * 0.33 hours.

Estimate of the total annual other cost burden associated with the collection, if applicable: 0; there are no costs. ( printed page 67860)

Revisions to This Information Collection

As part of this ICR renewal, ATF is making a minor change to the title of the IC to align with the way ATF and industry have been referring to it, from “List of Responsible Persons” to “Explosives Responsible Person Questionnaire (RPQ).” ATF has also updated the digitally fillable and signable form to include an email address and instructions for submitting electronically, and made minor plain writing edits throughout. Finally, the number of respondents has decreased during the past three years, from 83,125 in 2023 to 80,661 now, a decrease of 2,464 respondents. The decrease in respondents resulted in a corresponding decrease in the total annual burden hours, from 27,708 to 26,860, a decrease of 848 hours.

91 FR 67859