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###### Department of Justice

###### Bureau of Alcohol, Tobacco, Firearms and Explosives

          - [OMB Number 1140-0081]

# ACTION:

60-Day Notice of Information Collection Under Review: Appeals of Background Checks.

The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will be submitting 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 is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for “sixty days” until November 9, 2009. This process is conducted in accordance with 5 CFR 1320.10.

If you have 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 Chris Reeves, Chief, Federal Explosives Licensing Center, 244 Needy Road, Martinsburg, WV 25405.

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 agencies' estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

—Enhance the quality, utility, and clarity of the information to be collected; 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:*                     Extension of a currently approved collection.                

                    (2)                     *Title of the Form/Collection:*                     Appeals of Background Checks.                

                    (3)                     *Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection:*                     Form Number: None. Bureau of Alcohol, Tobacco, Firearms and Explosives.                

                    (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. The purpose of the collection is to allow applicants, employees, or other affected personnel the opportunity to appeal in writing the results of a background check conducted to satisfy their eligibility to possess explosive materials. The appeal request must include appropriate documentation or record(s) establishing the legal and/or factual basis for the challenge.                

                    (5)                     *An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:*                     It is estimated that 500 respondents will spend 2 hours completing the required documentation for the appeal.                

                    (6)                     *An estimate of the total public burden (in hours) associated with the collection:*                     There are an estimated 1,000 annual total burden hours associated with this collection.                

If additional information is required contact: Lynn Bryant, Department Clearance Officer, Policy and Planning Staff, Justice Management Division, Department of Justice, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530.

Dated: September 2, 2009.

Lynn Bryant,

Department Clearance Officer, PRA, U.S. Department of Justice.

[FR Doc. E9-21649 Filed 9-8-09; 8:45 am]

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