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: The Prevent All Cigarette Trafficking Act of 2009 (15 U.S.C. 375-378, 18 U.S.C. 1716E) requires any person who sells, transfers, or ships for profit cigarettes or smokeless tobacco in interstate commerce to register with the Attorney General of the United States (delegated to ATF) and the state tax administrators of the states to which the person ships the tobacco products or in which the person advertises or offers them. Persons who sell these products must report sales into the jurisdictions, and if they engage in delivery sales, they must comply with state and local tax laws. In 2021, electronic nicotine delivery systems (ENDS) became subject to regulation under the PACT Act through the Preventing Online Sales of E-Cigarettes to Children Act. This act expanded the definition of a `cigarette' within the PACT Act to include “any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device.” Respondents use ATF Form 5070.1, Prevent All Cigarette Trafficking (PACT) Act Registration Form, to comply with the federal registration requirements. ATF uses the collected information to register applicants and to create and maintain a PACT Act registration database for registrants and a database for the unregistered/non-compliant delivery sellers. The non-compliant list is available to the attorneys general and tax administrators of each state, common carriers, and other persons the Attorney General deems appropriate.

Type of information collection: revising a previously approved collection.

Title of the form/collection: Prevent All Cigarette Trafficking (PACT) Act Registration Form.

Agency form number, if any, and the applicable component of the Department sponsoring the collection: Form number: ATF Form 5070.1. ( printed page 67861) 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. Obligation to respond: mandatory per 15 U.S.C. 375-378, 18 U.S.C. 1716E.

Estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: There are an estimated 1,396 respondents associated with this collection per year, and it takes each respondent an average of approximately 30 minutes (0.5 hours) per response to complete the form.

Estimate of the total annual burden (in hours) associated with the collection: The estimated annual public burden associated with this collection is 698 hours, which is equal to 1,396 (total respondents) * 1 (# of responses per respondent) * 0.5 hours.

Estimate of the total annual other cost burden associated with the collection, if applicable: There are no costs.

Revisions to This Information Collection

As part of this ICR renewal, ATF is making no program changes affecting this information collection, OMB 1140-0098. However, the number of registrants have increased (596 persons) since the last renewal in 2023, from 800 respondents to 1,396. In addition, the registration forms have been made electronically downloadable, fillable, signable, and submittable by email. This has resulted in a decrease in the amount of time it takes to complete the form, from 1 hour to 30 minutes. The combined increase in respondents and decrease in time has resulted in a net decrease in burden hours, from 800 during the last renewal to 698 in 2026. ATF has also made minor plain writing edits to the form, and has merged the continuation sheet, formerly Form 5070.1A, into Form 5070.1. Because this is a fully electronic form, there is no longer a need for a separate continuation sheet.

91 FR 67860