Agency Information Collection Activities; Proposed Collection; Comments Requested; Revising a Previously Approved Collection Title-Prevent All Cigarette Trafficking (PACT) Act Registration Form-ATF Form 5070.1

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 67860-67861]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22012]


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DEPARTMENT OF JUSTICE

[OMB 1140-0098]


Agency Information Collection Activities; Proposed Collection; 
Comments Requested; Revising a Previously Approved Collection Title--
Prevent All Cigarette Trafficking (PACT) Act Registration Form--ATF 
Form 5070.1

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 Moliki Alexander, National Firearms 
Trafficking Center, by email to <a href="/cdn-cgi/l/email-protection#80c1d4c5c2ede1e9ece2eff8c0e1f4e6aee7eff6"><span class="__cf_email__" data-cfemail="ca8b9e8f88a7aba3a6a8a5b28aabbeace4ada5bc">[email&#160;protected]</span></a>, or by mail to 
National Firearms Trafficking Center, Mailstop 8.E-406; 99 New York Ave 
NE; Washington, DC 20226. Identify comments by the OMB control number 
1140-0098. 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 Moliki Alexander, either by mail at 
National Firearms Trafficking Center; 99 New York Ave NE; Washington, 
DC 20226, by email at <a href="/cdn-cgi/l/email-protection#cd8c99888fa0aca4a1afa2b58dacb9abe3aaa2bb"><span class="__cf_email__" data-cfemail="9adbcedfd8f7fbf3f6f8f5e2dafbeefcb4fdf5ec">[email&#160;protected]</span></a>, or by telephone at 202-648-
7720. 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: 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.

[[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.

                                                              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.............................................           1,396                1            1,396              0.5              698
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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.

    Dated: October 26, 2026.
Darwin Arceo,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2026-22012 Filed 10-27-26; 8:45 am]
BILLING CODE 4410-FY-P


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