[Federal Register: November 13, 2008 (Volume 73, Number 220)]
[Notices]               
[Page 67152-67155]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no08-33]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OARM-2008-0825, EPA-HQ-OARM-2008-0827, EPA-HQ-OARM-2008-0828, 
EPA-HQ-OARM-2008-0829; FRL-8740-2]

 
Agency Information Collection Activities: Proposed Collection; 
Comment Request; Background Checks for Contractor Employees, EPA ICR 
Number 2159.03, OMB Control Number 2030-0043; Drug Testing for Contract 
Employees, EPA ICR Number 2183.03, OMB Control Number 2030-0044; 
Monthly Progress Reports, EPA ICR Number 1039.12, OMB Control Number 
2030-0005; and Contractor Cumulative Claim and Reconciliation, 1900-10, 
EPA ICR Number 0246.10, OMB Control Number 2030-0016

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that EPA is planning to 
submit a request to renew four existing approved Information Collection 
Requests (ICR) to the Office of Management and Budget (OMB). These ICRs 
are scheduled to expire as follows: EPA ICR Numbers 2159.03 and 2183.03 
are scheduled to expire on December 31, 2008. EPA ICR Numbers 1039.12 
and 0246.10 are scheduled to expire on April 30, 2009. Before 
submitting the ICR to OMB for review and approval, EPA is soliciting 
comments on specific

[[Page 67153]]

aspects of the proposed information collection as described below.

DATES: Comments must be submitted on or before January 12, 2009.

ADDRESSES: Submit your comments, identified by the Docket ID numbers 
provided for each item in the text, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: oei.docket@epa.gov.
     Fax: (202)-566-9744.
     Mail: EPA Docket Center, Agency Information Collection 
Activities: Proposed Collection;

Docket ID: EPA-HQ-OARM-2008-0828, Background Checks for Contractor 
Employees, EPA ICR Number 2159.03
Docket ID: EPA-HQ-OARM-2008-0829, Drug Testing for Contract Employees, 
EPA ICR Number 2183.03
Docket ID: EPA-HQ-OARM-2008-0825, Monthly Progress Reports, EPA ICR 
Number 1039.12
Docket ID: EPA-HQ-OARM-2008-0827, Contractor Cumulative Claim and 
Reconciliation, EPA ICR Number 0246.10

Environmental Protection Agency, Mailcode: 28221T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center (EPA/DC), EPA West, Room 
3334, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments identified by the Docket ID 
numbers provided for each item in the text. EPA's policy is that all 
comments received will be included in the public docket without change 
and may be made available online at www.regulations.gov, including any 
personal information provided, unless the comment includes information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Do not submit 
information that you consider to be CBI or otherwise protected through 
www.regulations.gov or e-mail. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Donna Blanding, Policy, Training and 
Oversight Division, Office of Acquisition Management, Mail Code 3802R, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: 202-564-1130; fax number: 202-
565-2553; e-mail address: blanding.donna@epa.gov.

SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for each of the ICRs identified 
in this document (see the Docket ID numbers for each ICR that are 
provided in the text), which is available for online viewing at 
www.regulations.gov, or in person viewing at the HQ-OARM Docket in the 
EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Reading Room is 202-566-1744, 
and the telephone number for the OEI Docket is 202-566-1752.
    Use www.regulations.gov to obtain a copy of the draft collection of 
information, submit or view public comments, access the index listing 
of the contents of the docket, and to access those documents in the 
public docket that are available electronically. Once in the system, 
select ``search,'' then key in the docket ID number identified in this 
document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it to:
    (i) 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;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) 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. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    An Agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information, unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in title 40 of the CFR, after appearing in the Federal 
Register when approved, are listed in 40 CFR part 9, are displayed 
either by publication in the Federal Register or by other appropriate 
means, such as on the related collection instrument or form, if 
applicable. The

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display of OMB control numbers in certain EPA regulations is 
consolidated in 40 CFR part 9.

Individual ICRs

    (1) Docket ID No. EPA-HQ-OARM-2008-0828; (2) Docket ID No. EPA-HQ-
OARM-2008-0829
    Affected entities: Entities potentially affected by these two ICRs 
are contractors performing work at sensitive sites or on sensitive 
projects, and not covered under the provisions of Homeland Security 
Presidential Directive-12. Specifically, all contractors involved with 
Emergency Response, Superfund, Information Systems, Facility Services, 
and Research Support that have significant security concerns, as 
determined by the Contracting Officer, on a case-by-case basis, will be 
required to provide qualified personnel that meet the background check 
and drug testing requirements developed by EPA.
    Titles: (1) Background Checks for Contractor Employees; (2) Drug 
Testing for Contractor Employees.
    ICR numbers: (1) Background Checks for Contractor Employees, EPA 
ICR Number 2159.03, OMB Control Number 2030-0043; (2) Drug Testing for 
Contract Employees, EPA ICR Number 2183.03, OMB Control Number 2030-
0044.
    ICR status: These two ICRs are being renewed and are both currently 
scheduled to expire on December 31, 2008.
    Abstract: (1) Background checks cover citizenship or valid visa, 
criminal convictions, weapons offenses, felony convictions, parties 
prohibited from receiving federal contracts. (2) Drug tests are for the 
presence of marijuana, cocaine, opiates, amphetamines and phencyclidine 
(PCP). The Contractor shall maintain records of all background checks 
and drug tests.
    Burden Statement: (1) The number of contractor employees expected 
to submit the requested information for background checks is 3,000 for 
the life of this ICR (3 years) or 1,000 occurrences per year. The 
number of annual occurrences, 1,000, multiplied by the respondent 
burden effort of 1 hour to collect information, equals a total of 1,000 
hours per year. The total annual respondent cost for performing 
background checks collection requests is $179,000. This is calculated 
by multiplying the number of annual occurrences, 1,000, by the 
respondent cost of one collection, $179. (2) The number of contractor 
employees expected to submit the requested information for drug testing 
is 450 occurrences per year. The number of annual occurrences, 450, 
multiplied by the respondent burden effort of 1 hour to collect 
information, equals a total of 450 hours per year. The total annual 
respondent cost for this collection request is $65,250. This is 
calculated by multiplying the number of occurrences, 450, by the cost 
of one collection, $145. Burden means the total time, effort, or 
financial resources expended by persons to generate, maintain, retain, 
or disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information.

Are There Changes in the Estimates From the Last Approval?

    EPA estimates that the annual hourly burden for this collection 
will remain the same as reported in the previous information collection 
because there has been no change in the information being collected and 
approximately the same number of contracts remain active.
    (3) Docket ID No. EPA-HQ-OARM-2008-0825.
    Affected entities: Entities potentially affected by this action are 
those holding cost reimbursable, time and material, labor hour, or 
indefinite quantity/ indefinite delivery fixed rate contracts with EPA.
    Titles: Monthly Progress Reports.
    ICR numbers: EPA ICR No. 1039.12, OMB Control No. 2030-0005.
    ICR status: This ICR is being renewed and is currently scheduled to 
expire on April 30, 2009.
    Abstract: Agency contractors who have cost reimbursable, time and 
material, labor hour, or indefinite delivery/indefinite quantity fixed 
rate contracts will report the technical and financial progress of the 
contract on a monthly basis. EPA will use this information to monitor 
the contractor's progress under the contract. Responses to the 
information collection are mandatory for contractors, and are required 
for the contractors to receive monthly payments. Information submitted 
is protected from public release in accordance with the Agency's 
confidentiality regulations, 40 CFR 2.201 et seq.
    Burden Statement: EPA estimates that each response will take 
approximately 36 hours. EPA anticipates that the total active affected 
contracts will remain approximately 324, times 12 submissions per year 
to yield about 3,888 annual collections. Each collection is estimated 
to cost $2,592 based on a variety of contractor personnel performing 
individual tasks required for information gathering and submission. The 
anticipated 3,888 annual submissions are estimated to cost $10,077,696 
annually. Minimal operation and maintenance costs are expected for 
photocopying and postage.

Are There Changes in the Estimates From the Last Approval?

    EPA estimates that the annual hourly burden for this collection 
will remain the same as reported in the previous information collection 
because there has been no change in the information being collected and 
approximately the same number of contracts remain active.
    (4) Docket ID No. EPA-HQ-OARM-2008-0827.
    Affected entities: Entities potentially affected by this action are 
those holding cost reimbursable contracts with EPA.
    Titles: Contractor Cumulative Claim and Reconciliation.
    ICR numbers: EPA ICR No. 0246.10, OMB Control No. 2030-0016.
    ICR status: This ICR is being renewed and is currently scheduled to 
expire on April 30, 2009.
    Abstract: At the completion of a cost reimbursement contract, 
contractors will report final costs incurred, including direct labor, 
materials, supplies, equipment, other direct charges, subcontracting, 
consultant fees, indirect costs, and fixed fee. Contractors will report 
this information on EPA Form 1900-10. EPA will use this information to 
reconcile the contractor's costs. Establishment of the final costs and 
fixed fee is necessary to close out the contract. Responses to the 
information collection are mandatory for those contractors completing 
work under a cost reimbursement contract, and are required to receive 
final payment. Information submitted is protected from public release 
in accordance with the Agency's confidentiality regulation, 40 CFR 
2.201 et seq.
    Burden Statement: EPA estimates that the annual hourly burden will 
be 165 hours based on the following: Each response will take 
approximately 40 minutes, and EPA closes out approximately 247 
contracts per year. The annual dollar burden is estimated at $5,404.36 
based on a combination of contractor employees providing the

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information. The total cost of the contractor-provided information is 
estimated to be $21.88 for the 40 minute period. Minimal operation and 
maintenance costs are expected for photocopying and postage.

Are There Changes in the Estimates From the Last Approval?

    EPA estimates that the annual hourly burden for this collection 
will remain the same as reported in the previous information collection 
request because there has been no change in the information being 
collected and approximately the same number of contracts are closed out 
each year.

What Is the Next Step in the Process for All Four ICRs?

    EPA will consider the comments received and amend the ICRs as 
appropriate. The final ICR packages will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue Federal Register notices pursuant to 5 CFR 1320.5(a)(1)(iv) to 
announce the submission of the ICRs to OMB and the opportunity to 
submit additional comments to OMB. If you have any questions about 
these ICRs or the approval process, please contact the technical person 
listed under FOR FURTHER INFORMATION CONTACT.

    Dated: November 6, 2008.
Elena deLeon,
Service Center Manager, Acquisition Policy and Training Service Center, 
Office of Acquisition Management.
 [FR Doc. E8-26947 Filed 11-12-08; 8:45 am]

BILLING CODE 6560-50-P