ATF Seeks Public Comment on Two Revised Explosives Information Collections

The Department of Justice's Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has published two 60-day notices in the Federal Register, each proposing to revise a previously approved information collection related to federal explosives licensees and permittees (FEL/Ps). Both collections will be submitted to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. Written comments on both collections are due by midnight on December 28, 2026.

ATF Form 5400.13: Application for Explosives License/Permit

The first collection concerns ATF Form 5400.13, the Application for Explosives License/Permit. The notice explains that under 18 U.S.C. chapter 40, any person engaged in the business of manufacturing, importing, or dealing in explosive materials must first obtain a license, per 18 U.S.C. 842(a)(1). The statute also requires all persons who wish to obtain explosives — even for limited use — as well as all persons who wish to ship, transport, receive, or possess explosive materials, to obtain a federal explosives license or permit, per 18 U.S.C. 843. ATF has prescribed Form 5400.13 as the means by which individuals, partnerships, corporations, or associations may apply for a FEL/P. The response obligation is mandatory per 27 CFR 555.41 and 555.45, required to obtain a benefit.

ATF uses the information on the application to determine if an applicant is qualified to be an explosives licensee or permittee under the statute. Part of that determination includes a background check to ascertain whether the person is prohibited from possessing or otherwise using explosive materials. As part of this ICR renewal, the notice states that ATF has updated Form 5400.13 to reflect the new government payment method through pay.gov — described as required by executive order — and to include instructions and an email address for submitting the digitally fillable and signable form to ATF by email. The collection is estimated to cover 927 respondents per year, each taking an average of approximately 1.5 hours per response, for an estimated total annual public burden of 1,390.5 hours. The agency estimates no additional cost burden associated with the collection.

Explosives Licensee/Permittee Inventories

The second collection covers the record-keeping and physical inventory requirements for existing FEL/Ps, for which ATF has prescribed no specific form. The notice explains that FEL/Ps play a significant role in preserving public safety, including preventing crimes involving explosives such as domestic or foreign terrorist acts. Under ATF's regulation at 27 CFR 555.121, FEL/Ps must keep records pertaining to explosive materials in permanent form — such as commercial invoices or record books — in the manner required in 27 CFR part 555, subpart G. These records are required under 18 U.S.C. 842(f), (g), (j), (k), 843(f), and 847, and are established in the manner set forth in 27 CFR 555.121, 555.122, 555.123, 555.124, 555.125, and 555.127.

As part of their record-keeping requirements, the notice explains, FEL/Ps must take a physical inventory at least once during each year. Special physical inventories are also required when a licensee or permittee is commencing business, changing premises, discontinuing business, or is requested to do so by the ATF Director of Industry Operations; if one of these special inventories occurs, the FEL/P is not required to take an additional inventory that same year. The notice states that the inventory aids FEL/Ps in accounting for all their explosive materials and reconciling cost, sales, and use records with inventory, and that it also establishes initial figures from which ATF field officers can develop an audit trail during a compliance inspection or criminal investigation. Specifically, the notice explains, ATF uses inventory figures to reconcile physical inventory on hand with the book inventory the FEL/P maintains, on an ongoing basis, to determine whether any unlawful diversions of explosive materials have occurred — especially those arising through theft by persons not affiliated with the FEL/P. The response obligation is mandatory per 18 U.S.C. 842(f), (g), (j), (k), 843(f), and 847. The collection is estimated to cover 9,130 respondents per year, each taking an average of approximately two hours per response, for an estimated total annual public burden of 18,260 hours. The agency estimates no additional cost burden associated with this collection.

What to watch

ATF is soliciting public comment on both collections through midnight on December 28, 2026. The agency has directed commenters to address whether each collection is necessary and has practical utility, whether the agency's burden estimates are accurate, whether the quality and clarity of the information collected can be enhanced, and whether the burden on respondents can be minimized through automated or electronic collection techniques. Following the public comment period, ATF will submit both revised ICRs to OMB for review and approval.

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