Agency Information Collection Activities; Proposed Collection; Comments Requested; Revising a Previously Approved Collection Explosives Employee Possessor Questionnaire (EPQ)-ATF Form 5400.28

Issuing agencies

Abstract

The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), will be submitting the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.

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<title>Federal Register, Volume 91 Issue 207 (Wednesday, October 28, 2026)</title>
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[Federal Register Volume 91, Number 207 (Wednesday, October 28, 2026)]
[Notices]
[Pages 67859-67860]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22008]


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DEPARTMENT OF JUSTICE

[OMB 1140-0072]


Agency Information Collection Activities; Proposed Collection; 
Comments Requested; Revising a Previously Approved Collection 
Explosives Employee Possessor Questionnaire (EPQ)--ATF Form 5400.28

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 be submitting the following 
information collection request (ICR) to the Office of Management and 
Budget (OMB) for review and approval in accordance with the Paperwork 
Reduction Act of 1995.

DATES: ATF encourages comments on this information collection. You may 
submit written comments until midnight on December 28, 2026.

ADDRESSES: Submit written comments and recommendations for this 
information collection, especially on the estimated public burden or 
associated response time, to Shawn Stevens, Federal Explosives 
Licensing Center, by email to <a href="/cdn-cgi/l/email-protection#1157545d52517065773f767e67"><span class="__cf_email__" data-cfemail="195f5c555a59786d7f377e766f">[email&#160;protected]</span></a>, or by mail to Federal 
Explosives Licensing Center (ATF-FELC); 244 Needy Road; Martinsburg, WV 
25405. Identify comments by the OMB control number 1140-0072. You may 
view the proposed information collection instrument online at <a href="https://www.atf.gov/rules-and-regulations/federal-register-actions/forms-and-information-collection">https://www.atf.gov/rules-and-regulations/federal-register-actions/forms-and-information-collection</a>.

FOR FURTHER INFORMATION CONTACT: If you have questions or need a copy 
of the proposed information collection instrument with instructions or 
additional information, contact Shawn Stevens, Federal Explosives 
Licensing Center, by email at <a href="/cdn-cgi/l/email-protection#4402010807042530226a232b32"><span class="__cf_email__" data-cfemail="0741424b444766736129606871">[email&#160;protected]</span></a>, or by telephone at 
877.283.3352. If you require additional information on DOJ's ICR 
process for this renewal request, contact Darwin Arceo, Department 
Clearance Officer; United States Department of Justice; Justice 
Management Division, Enterprise Portfolio Management; Two Constitution 
Square, 145 N Street NE; 4W-218; Washington, DC.

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.

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                                                              Estimated Total Hourly Burden
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                                                                                                                            Time per
                              Activity                                  Number of        Frequency       Total annual       response       Total annual
                                                                       respondents                        responses         (hours)       burden (hours)
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Completing application.............................................          80,661                1           80,661             0.33           26.860
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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.

    Dated: October 26, 2026.
Darwin Arceo,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2026-22008 Filed 10-27-26; 8:45 am]
BILLING CODE 4410-FY-P


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