Agency Information Collection Activities: Proposed Collection, Comment Request; Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance From the U.S. Election Assistance Commission; Nondiscrimination on the Basis of Race, Color, or National Origin in Programs or Activities Receiving Federal Financial Assistance From the U.S. Election Assistance Commission, 79457-79460 [E8-30823]

Download as PDF Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Notices following libraries: L.A. Public Library, Central Branch, 630 West 5th Street, Los Angeles, California; L.A. Public Library, San Pedro Branch, 921 South Gaffey Street, San Pedro, California; and L.A. Public Library, Wilmington Branch, 1300 North Avalon, Wilmington, California. Any comments received by the Corps and LAHD on the Final EIS/EIR or the included draft general conformity determination during the next 30 days will be considered fully before the Corps makes a final general conformity determination and finalizes the Record of Decision (ROD) for the Federal action associated with the Project. The Corps will publish a notice of a final general conformity determination in the Federal Register within 30 days of rendering a final decision. The public can request from the Corps copies of the ROD, which includes responses to comments on the Final EIS/EIR, including any on the draft general conformity determination, following publication of a final general conformity determination and upon execution of the ROD. FOR FURTHER INFORMATION CONTACT: Questions or comments concerning the Final EIS/EIR or the included draft general conformity determination should be directed within the next 30 days to Dr. Spencer D. MacNeil, Senior Project Manager, North Coast Branch, Regulatory Division, U.S. Army Corps of Engineers, 2151 Alessandro Drive, Suite 110, Ventura, California 93001, (805) 585–2152. SUPPLEMENTARY INFORMATION: None. David J. Castanon, Chief, Regulatory Division, Los Angeles District. [FR Doc. E8–30585 Filed 12–24–08; 8:45 am] BILLING CODE 3710–KF–P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request Department of Education. The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before January 28, 2009. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Education Desk Officer, AGENCY: dwashington3 on PROD1PC60 with NOTICES SUMMARY: VerDate Aug<31>2005 13:19 Dec 24, 2008 Jkt 217001 Office of Management and Budget, 725 17th Street, NW., Room 10222, New Executive Office Building, Washington, DC 20503 or faxed to (202) 395–6974. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget (OMB) provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency’s ability to perform its statutory obligations. The Acting IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following: (1) Type of review requested, e.g., new, revision, extension, existing or reinstatement; (2) Title; (3) Summary of the collection; (4) Description of the need for, and proposed use of, the information; (5) Respondents and frequency of collection; and (6) Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: December 22, 2008. James Hyler, Acting IC Clearance Official, Regulatory Information Management Services, Office of Management. Office of Special Education and Rehabilitative Services Type of Review: Extension. Title: Quarterly Cumulative Caseload Report (RSA–113). Frequency: Quarterly. Affected Public: State, Local, or Tribal Gov’t, SEAs or LEAs. Reporting and Recordkeeping Hour Burden: Responses: 80. Burden Hours: 320. Abstract: State agencies that administer vocational programs provide key caseload data on this form, including numbers of persons who are applicants, determined eligible/ ineligible, waiting for services, and also their program outcomes. Rehabilitation Services Administration (RSA) collects this information quarterly from states and reports it in the Annual Report to Congress on the Rehabilitation Act. Requests for copies of the information collection submission for OMB review PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 79457 may be accessed from http:// edicsweb.ed.gov, by selecting the ‘‘Browse Pending Collections’’ link and by clicking on link number 3873. When you access the information collection, click on ‘‘Download Attachments’’ to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202–4537. Requests may also be electronically mailed to the Internet address ICDocketMgr@ed.gov or faxed to 202– 401–0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to ICDocketMgr@ed.gov. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339. [FR Doc. E8–30806 Filed 12–24–08; 8:45 am] BILLING CODE 4000–01–P ELECTION ASSISTANCE COMMISSION Agency Information Collection Activities: Proposed Collection, Comment Request; Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance From the U.S. Election Assistance Commission; Nondiscrimination on the Basis of Race, Color, or National Origin in Programs or Activities Receiving Federal Financial Assistance From the U.S. Election Assistance Commission AGENCY: U.S. Election Assistance Commission (EAC). ACTION: Notice and request for comments. SUMMARY: The EAC, as part of its continuing effort to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995, invites the general public and other Federal agencies to take this opportunity to comment on proposed information collections; and recordkeeping requirements. Comments are invited on: (a) Whether the proposed collections of information and/or recordkeeping requirements are necessary for the proper performance of the agency’s functions, including whether the information has practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed information collections and/or recordkeeping requirements, including the validity of the methodology and assumptions used; (c) ways to enhance E:\FR\FM\29DEN1.SGM 29DEN1 dwashington3 on PROD1PC60 with NOTICES 79458 Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Notices the quality, utility, and clarity of the information to be collected or records to be kept; and (d) ways to minimize the burden of the information collections and/or recordkeeping requirements on respondents. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. DATES: You must submit comments on or before 5 PM Eastern Standard Time on February 27, 2009. ADDRESSES: You may submit comments on the proposed information collections and/or recordkeeping requirements by any of the following methods. Please submit your comments via only one of the methods described. • E-mail: Send comments to havainfo@eac.gov with ‘‘Comments for [Title of Regulation]’’ in the subject line. • Fax: Send to ‘‘EAC Regulations’’ at (202) 566–3128. Comments sent by fax must be limited to 6 pages. • Mail: Send to ‘‘EAC Regulations’’ at U.S. Election Assistance Commission, 1225 New York Avenue, Suite 1100, Washington, DC 20005. Comments sent by mail must be unbound, be on paper no larger than 8.5’’ by 11’’; and be submitted in duplicate. Mailed comments will not be accepted in electronic form (floppy disk, CD, etc.). • Hand Delivery/Courier: Deliver to Suite 1100, 1225 New York Avenue, Washington, DC 20005 between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. Comments submitted by hand delivery must be unbound, be on paper no larger than 8.5’’ by 11’’; and be submitted in duplicate. Comments sent by courier or hand delivery will not be accepted in electronic form (floppy disk, CD, etc.). Instructions: All submissions must include the agency name and regulation title (i.e. ‘‘Nondiscrimination on the Basis of Race, Color, or National Origin’’) for this information collection/ recordkeeping requirement. Please also identify comments on regulatory text by subpart and section. Note that all comments received will be publicly posted, including any personal information provided. The EAC will post comments without change unless the comment contains profanity or material that is prohibited from disclosure by law. FOR FURTHER INFORMATION CONTACT: Tamar Nedzar, Attorney, U.S. Election Assistance Commission, 1225 New York Avenue NW., Suite 1100, Washington, DC 20005. Telephone (202) 566–3100. SUPPLEMENTARY INFORMATION: Title: Nondiscrimination on the Basis of Race, Color, or National Origin in Programs or Activities Receiving VerDate Aug<31>2005 13:19 Dec 24, 2008 Jkt 217001 Federal Financial Assistance from the U.S. Election Assistance Commission: OMB Number: Pending. Type of Review: Regular submission. Summary of Information Collections and Recordkeeping Requirements: (Full text of regulation at http://www.eac.gov; and available upon written request). 11 CFR 9421.5—Assurances required. Section 9421.5(a)(1) requires that applicants (individuals and facilities) for EAC’s Federal financial assistance must provide a written assurance that they will comply with the requirements of Title VI of the Civil Rights Act of 1964. This assurance must be signed by the applicant and § 9421.5(a)(2) requires the assurance to be submitted to the Commission upon the award of Federal financial assistance. Similarly, § 9421.5(c) requires every application by a State or State agency to contain or be accompanied by a statement that the program will be conducted in compliance with all requirements of 11 CFR part 9421. 11 CFR 9421.5(a)(2)—Written notice to subrecipients. This section requires that the recipient provide each of its subrecipients with written notice of the subrecipient’s obligations under this part whenever a recipient passes Federal financial assistance received from EAC to subrecipients. 11 CFR 9421.5(b)—Self-evaluation. This section provides that EAC may require a recipient employing 15 or more employees to complete a written self-evaluation of any race, color, or national origin distinction imposed in its program or activity receiving Federal financial assistance from EAC so that EAC may assess the recipient’s compliance with the Act. This selfevaluation will be completed in a manner specified by EAC and will be made available on request to the Commission and the public. The purpose of the self-assessment is to indicate to the recipient any violation of the Act or of part 9421, and if a violation is identified the recipient is required to take corrective action to remedy the violation. 11 CFR 9421.5(b)—Recordkeeping. This section requires that the recipient must retain the self-evaluation for a period of three years following its completion. 11 CFR 9421.6—Discrimination complaints. This section provides that any individual who believes that he or she has been subjected to discrimination prohibited by part 9421 or who believes that a denial of his or her services results in discrimination prohibited by part 9421 may file a written complaint of discrimination with the Diversity PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 Officer of EAC. Filing a complaint is strictly voluntary. 11 CFR 9421.6(b)(3), (4), and (5)— Agency support for the complaint process. These sections require the EAC to disseminate information regarding the obligations of recipients, and to notify the complainant and the recipient of their rights under the complaint process, including the right to have a representative at all stages of the complaint process; and of their right to contact the Commission for information and assistance regarding the complaint resolution process. 11 CFR 9421.6(e) and (f)—Complaint investigation and resolution. These sections provide that the Diversity Officer will notify the complainant and respondent of the receipt of a complaint; will examine the complaint for completeness and notify the complainant if additional information is needed; and will notify the complainant of the results of the investigation. 11 CFR 9421.6(g)—Appeals. This section requires a complainant to file a written appeal within 90 days of receipt from EAC of a letter that notifies the complainant of the results of the investigation of his or her complaint. This action is voluntary. 11 CFR 9421.7(b)—Recordkeeping. This section requires that each recipient of EAC’s Federal financial assistance is required to keep records in a manner and containing information the Commission determines is necessary, make information available to the Commission upon request, and permit reasonable access by the Commission to the books, records, accounts, and other recipient facilities and sources of information. This information may be used by EAC to respond to Congressional inquiries, to assess the effectiveness of the regulations in 11 CFR part 9421, and as input into compliance reviews. 11 CFR 9421.7(c)—Information on protections against discrimination. This section requires each recipient to make available to participants, beneficiaries, and other interested persons information about the provisions of part 9421 and its applicability to the program for which the recipient receives Federal financial assistance. 11 CFR 9421.7(d)—Mediation. The section requires the Agency to refer complaints to the Federal Conciliation and Mediation Service (FCMS) prior to disposition by the EAC Diversity Officer and requires the complainant and the recipient to participate in at least one meeting with a mediator during the mediation process. If an agreement is reached, the complainant and the recipient must sign a written statement E:\FR\FM\29DEN1.SGM 29DEN1 Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Notices of that agreement which will be prepared by the mediator. Third-party respondents include the complainant and the mediator. 11 CFR 9421.8(a)—Investigation and settlement of complaints. This section requires EAC to investigate complaints that are unresolved after mediation or are reopened because of an alleged violation of a mediation agreement. EAC will establish facts through such methods as discussion with the complainant and recipient and the review of documents in the possession of either party. Settlements shall be in writing and signed by the parties and by an authorized EAC official. 11 CFR 9421.8(c)(2)(iii)— Redisbursement of grant funds to an alternate recipient. This section provides that EAC may redisburse discretionary grant funds withheld or terminated under this part directly to an alternate recipient. EAC shall require the alternate recipient to demonstrate the ability to comply with the regulations and the ability to achieve the goals of the Federal statute authorizing the program or activity. Needs and Uses: This information collection is required by Title VI of the Civil Rights Act of 1964 (the Act). Title VI, 42 U.S.C. 2000d et seq., was enacted as part of the Civil Rights Act of 1964. It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving Federal financial assistance. The information collected and maintained by the recipients of EAC’s assistance is used internally by EAC for monitoring compliance with the civil rights laws and regulations. This information is made available to EAC officials, officials of other federal enforcement agencies, and to Congress for reporting purposes. dwashington3 on PROD1PC60 with NOTICES Information Collection Associated With Regulations Affected Public: EAC grant recipients. Estimated Number of Respondents: 96. Total Annual Responses: 96. Estimated Total Annual Burden Hours: 181 hours. Recordkeeping Requirement Associated With Regulations Affected Public: EAC grant recipients. Estimated Number of Respondents: 84. Total Annual Responses: 84. Estimated Total Annual Burden Hours: 448 hours. Title: Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance from the U.S. Election Assistance Commission: VerDate Aug<31>2005 13:19 Dec 24, 2008 Jkt 217001 OMB Number: Pending. Type of Review: Regular submission. Summary of Information Collections and Recordkeeping Requirements: (Full text of regulation at http://www.eac.gov; and available upon written request). 11 CFR 9422.5—Assurances required. Section 9422.5(a)(1) requires that applicants (individuals and facilities) for EAC’s Federal financial assistance must provide a written assurance that they will comply with the requirements of the Age Discrimination Act of 1975 and 45 CFR part 90. This assurance must be signed by the applicant and § 9422.5(a)(2) requires the assurance to be submitted to the Commission upon the award of Federal financial assistance. Similarly, § 9422.5(c) requires every application by a State or State agency to contain or be accompanied by a statement that the program will be conducted in compliance with all requirements of 11 CFR part 9422. 11 CFR 9422.5(a)(2)—Written notice to subrecipients. This section requires that the recipient provide each of its subrecipients with written notice of the subrecipient’s obligations under this part whenever a recipient passes Federal financial assistance received from EAC to subrecipients. 11 CFR 9422.5(b)—Self-evaluation. This section provides that EAC may require a recipient employing 15 or more employees to complete a written self-evaluation of any age distinction imposed in its program or activity receiving Federal financial assistance from EAC so that EAC may assess the recipient’s compliance with the Act. This self-evaluation will be completed in a manner specified by EAC and will be made available on request to the Commission and the public. The purpose of the self-assessment is to indicate to the recipient any violation of the Act, 45 CFR part 90, or part 9422, and if a violation is identified, the recipient is required to take corrective action to remedy the violation. 11 CFR 9422.5(b)—Recordkeeping. This section requires that the recipient must retain the self-evaluation for a period of three years following its completion. 11 CFR 9422.6—Discrimination complaints. This section provides that any individual who believes that he or she has been subjected to discrimination prohibited by part 9422 or who believes that a denial of his or her services results in discrimination prohibited by part 9422 may file a written complaint of discrimination with the Diversity Officer of EAC. Filing a complaint is strictly voluntary. PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 79459 11 CFR 9422.6(b)(3), (4), and (5)— Agency support for the complaint process. These sections require EAC to disseminate information regarding the obligations of recipients, and to notify the complainant and the recipient of their rights under the complaint process, including the right to have a representative at all stages of the complaint process, and of their right to contact the Commission for information and assistance regarding the complaint resolution process. 11 CFR 9422.6(e) and (f)—Complaint investigation and resolution. These sections provide that the Diversity Officer will notify the complainant and respondent of the receipt of a complaint; will examine the complaint for completeness and notify the complainant if additional information is needed; and will notify the complainant of the results of the investigation. 11 CFR 9422.6(g)—Appeals. This section requires a complainant to file a written appeal within 90 days of receipt from EAC of a letter that notifies the complainant of the results of the investigation of his or her complaint. This action is voluntary. 11 CFR 9422.7(b)—Recordkeeping. This section requires that each recipient of EAC’s Federal financial assistance is required to keep records in a manner and containing information the Commission determines is necessary, make information available to the Commission upon request, and permit reasonable access by the Commission to the books, records, accounts, and other recipient facilities and sources of information. This information may be used by EAC to respond to Congressional inquiries, to assess the effectiveness of the regulations in 11 CFR part 9422, and as input into compliance reviews. 11 CFR 9422.7(c)—Information on protections against discrimination. This section requires each recipient to make available to participants, beneficiaries, and other interested persons information about the provisions of part 9422 and its applicability to the program for which the recipient receives Federal financial assistance. EAC anticipates that each recipient will prepare a fact sheet meeting the requirements of this section and will have it available upon request, including having it available on a website that may be maintained by the recipient. 11 CFR 9422.7(d)—Mediation. The section requires the Agency to refer complaints to the Federal Conciliation and Mediation Service (FCMS) prior to disposition by the EAC Diversity Officer and requires the complainant and the E:\FR\FM\29DEN1.SGM 29DEN1 79460 Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Notices recipient to participate in at least one meeting with a mediator during the mediation process. If an agreement is reached, the complainant and the recipient must sign a written statement of that agreement which will be prepared by the mediator. Third-party respondents include the complainant and the mediator. 11 CFR 9422.8(a)—Investigation and settlement of complaints. This section requires EAC to investigate complaints that are unresolved after mediation or are reopened because of an alleged violation of a mediation agreement. EAC will establish facts through such methods as discussion with the complainant and recipient and the review of documents in the possession of either party. Settlements shall be in writing and signed by the parties and by an authorized EAC official. 11 CFR 9422.8(c)(2)(iii)— Redisbursement of grant funds to an alternate recipient. This section provides that EAC may redisburse discretionary grant funds withheld or terminated under this part directly to an alternate recipient. EAC shall require the alternate recipient to demonstrate the ability to comply with the regulations and the ability to achieve the goals of the Federal statute authorizing the program or activity. Needs and Uses: This information collection is required by the Age Discrimination Act of 1975, consistent with the government-wide age discrimination regulation contained at 45 CFR part 90. This law and regulation prohibit discrimination on the basis of age in programs and activities receiving federal financial assistance. The information collected and maintained by the recipients of EAC’s assistance is used internally by EAC for monitoring compliance with age discrimination laws and regulations. This information is made available to EAC officials, officials of other federal enforcement agencies, and to Congress for reporting purposes. Information Collection Associated With Regulations dwashington3 on PROD1PC60 with NOTICES Affected Public: EAC grant recipients. Estimated Number of Respondents: 96. Total Annual Responses: 96. Estimated Total Annual Burden Hours: 181 hours. Recordkeeping Requirement Associated With Regulations Affected Public: EAC grant recipients. Estimated Number of Respondents: 84. Total Annual Responses: 84. VerDate Aug<31>2005 13:19 Dec 24, 2008 Jkt 217001 Estimated Total Annual Burden Hours: 448 hours. Thomas R. Wilkey, Executive Director, U.S. Election Assistance Commission. [FR Doc. E8–30823 Filed 12–24–08; 8:45 am] BILLING CODE 6820–KF–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 11945–002] Symbiotics, LLC; Dorena Hydro, LLC; Notice of Application for Transfer of License, and Soliciting Comments, Motions To Intervene, and Protests December 18, 2008. On November 17, 2008, Symbiotics, LLC (Transferor) and Dorena Hydro, LLC (Transferee) filed an application, for transfer of license of the Dorena Lake Dam Project, located on the Row River in Lane County, Oregon. Applicants seek Commission approval to transfer the license for the Symbiotics, LLC to Dorena Hydro, LLC Applicant Contact: Mr. Brent L. Smith, 4110 East 300 North, P.O. Box 535, Rigby, ID 83442, Phone (208) 745– 0834. FERC Contact: Robert Bell (202) 502– 6062. Deadline for filing comments, motions to intervene: 30 days from the issuance of this notice. Comments, motions to intervene, and notices of intent may be filed electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web site under the ‘‘e-Filing’’ link. If unable to be filed electronically, documents may be paper-filed. To paper-file, an original and eight copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For more information on how to submit these types of filings please go to the Commission’s Web site located at http://www.ferc.gov/filingcomments.asp. More information about this project can be viewed or printed on the ‘‘eLibrary’’ link of Commission’s Web site at http://www.ferc.gov/docsfiling/elibrary.asp. Enter the docket number (P–11945–002) in the docket number field to access the document. For assistance, call toll-free 1–866–208– 3372. Kimberly D. Bose, Secretary. [FR Doc. E8–30748 Filed 12–24–08; 8:45 am] BILLING CODE 6717–01–P PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 December 18, 2008. Take notice that the Commission received the following electric rate filings: Docket Numbers: ER03–774–009. Applicants: Eagle Energy Partners I, L.P. Description: Eagle Energy Partners I, LP submits Third Revised First Revised Sheet No. 3 et al. to First Revised Rate Schedule FERC No. 1, to be effective 9/18/07. Filed Date: 12/12/2008. Accession Number: 20081215–0224. Comment Date: 5 p.m. Eastern Time on Friday, January 2, 2009. Docket Numbers: ER03–1079–010; ER99–1005–010. Applicants: Kansas City Power & Light Company, Aquila, Inc. Description: Request for Waiver of Order No. 697. Filed Date: 12/17/2008. Accession Number: 20081217–5114. Comment Date: 5 p.m. Eastern Time on Monday, December 29, 2008. Docket Numbers: ER07–189–006; ER07–190–006; ER07–191–006; ER07– 192–004. Applicants: Duke Energy Indiana, Inc.; Duke Energy Kentucky, Inc.; Duke Energy Ohio, Inc.; Duke Energy Business Services, Inc. Description: Duke Energy Indiana, Inc., et al. submits Updated Market Power Analysis under ER07–189, et al. Filed Date: 12/17/2008. Accession Number: 20081217–5161. Comment Date: 5 p.m. Eastern Time on Wednesday, January 7, 2009. Docket Numbers: ER08–447–000; ER08–448–000. Applicants: PSEG Fossil LLC; PSEG Nuclear LLC. Description: PSEG Fossil LLC et al. submits replacement market based rates tariffs with a corrected effective date of 1/15/08. Filed Date: 12/12/2008. Accession Number: 20081215–0222. Comment Date: 5 p.m. Eastern Time on Friday, January 2, 2009. Docket Numbers: ER08–770–002. Applicants: Longview Power, LLC. Description: Longview Power, LLC submits revisions to Rate Schedule FERC No. 1, pursuant to Order 697–A. Filed Date: 12/12/2008. Accession Number: 20081215–0223. Comment Date: 5 p.m. Eastern Time on Friday, January 2, 2009. E:\FR\FM\29DEN1.SGM 29DEN1

Agencies

[Federal Register Volume 73, Number 249 (Monday, December 29, 2008)]
[Notices]
[Pages 79457-79460]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30823]


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ELECTION ASSISTANCE COMMISSION


Agency Information Collection Activities: Proposed Collection, 
Comment Request; Nondiscrimination on the Basis of Age in Programs or 
Activities Receiving Federal Financial Assistance From the U.S. 
Election Assistance Commission; Nondiscrimination on the Basis of Race, 
Color, or National Origin in Programs or Activities Receiving Federal 
Financial Assistance From the U.S. Election Assistance Commission

AGENCY: U.S. Election Assistance Commission (EAC).

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: The EAC, as part of its continuing effort to reduce paperwork 
and respondent burden in accordance with the Paperwork Reduction Act of 
1995, invites the general public and other Federal agencies to take 
this opportunity to comment on proposed information collections; and 
recordkeeping requirements. Comments are invited on: (a) Whether the 
proposed collections of information and/or recordkeeping requirements 
are necessary for the proper performance of the agency's functions, 
including whether the information has practical utility; (b) the 
accuracy of the agency's estimate of the burden of the proposed 
information collections and/or recordkeeping requirements, including 
the validity of the methodology and assumptions used; (c) ways to 
enhance

[[Page 79458]]

the quality, utility, and clarity of the information to be collected or 
records to be kept; and (d) ways to minimize the burden of the 
information collections and/or recordkeeping requirements on 
respondents. Comments submitted in response to this notice will be 
summarized and/or included in the request for OMB approval.

DATES: You must submit comments on or before 5 PM Eastern Standard Time 
on February 27, 2009.

ADDRESSES: You may submit comments on the proposed information 
collections and/or recordkeeping requirements by any of the following 
methods. Please submit your comments via only one of the methods 
described.
     E-mail: Send comments to havainfo@eac.gov with ``Comments 
for [Title of Regulation]'' in the subject line.
     Fax: Send to ``EAC Regulations'' at (202) 566-3128. 
Comments sent by fax must be limited to 6 pages.
     Mail: Send to ``EAC Regulations'' at U.S. Election 
Assistance Commission, 1225 New York Avenue, Suite 1100, Washington, DC 
20005. Comments sent by mail must be unbound, be on paper no larger 
than 8.5'' by 11''; and be submitted in duplicate. Mailed comments will 
not be accepted in electronic form (floppy disk, CD, etc.).
     Hand Delivery/Courier: Deliver to Suite 1100, 1225 New 
York Avenue, Washington, DC 20005 between 9 a.m. and 5 p.m., Monday 
through Friday, except federal holidays. Comments submitted by hand 
delivery must be unbound, be on paper no larger than 8.5'' by 11''; and 
be submitted in duplicate. Comments sent by courier or hand delivery 
will not be accepted in electronic form (floppy disk, CD, etc.).
    Instructions: All submissions must include the agency name and 
regulation title (i.e. ``Nondiscrimination on the Basis of Race, Color, 
or National Origin'') for this information collection/recordkeeping 
requirement. Please also identify comments on regulatory text by 
subpart and section. Note that all comments received will be publicly 
posted, including any personal information provided. The EAC will post 
comments without change unless the comment contains profanity or 
material that is prohibited from disclosure by law.

FOR FURTHER INFORMATION CONTACT: Tamar Nedzar, Attorney, U.S. Election 
Assistance Commission, 1225 New York Avenue NW., Suite 1100, 
Washington, DC 20005. Telephone (202) 566-3100.

SUPPLEMENTARY INFORMATION:
    Title: Nondiscrimination on the Basis of Race, Color, or National 
Origin in Programs or Activities Receiving Federal Financial Assistance 
from the U.S. Election Assistance Commission:
    OMB Number: Pending.
    Type of Review: Regular submission.
    Summary of Information Collections and Recordkeeping Requirements: 
(Full text of regulation at http://www.eac.gov; and available upon 
written request).
    11 CFR 9421.5--Assurances required. Section 9421.5(a)(1) requires 
that applicants (individuals and facilities) for EAC's Federal 
financial assistance must provide a written assurance that they will 
comply with the requirements of Title VI of the Civil Rights Act of 
1964. This assurance must be signed by the applicant and Sec.  
9421.5(a)(2) requires the assurance to be submitted to the Commission 
upon the award of Federal financial assistance. Similarly, Sec.  
9421.5(c) requires every application by a State or State agency to 
contain or be accompanied by a statement that the program will be 
conducted in compliance with all requirements of 11 CFR part 9421.
    11 CFR 9421.5(a)(2)--Written notice to subrecipients. This section 
requires that the recipient provide each of its subrecipients with 
written notice of the subrecipient's obligations under this part 
whenever a recipient passes Federal financial assistance received from 
EAC to subrecipients.
    11 CFR 9421.5(b)--Self-evaluation. This section provides that EAC 
may require a recipient employing 15 or more employees to complete a 
written self-evaluation of any race, color, or national origin 
distinction imposed in its program or activity receiving Federal 
financial assistance from EAC so that EAC may assess the recipient's 
compliance with the Act. This self-evaluation will be completed in a 
manner specified by EAC and will be made available on request to the 
Commission and the public. The purpose of the self-assessment is to 
indicate to the recipient any violation of the Act or of part 9421, and 
if a violation is identified the recipient is required to take 
corrective action to remedy the violation.
    11 CFR 9421.5(b)--Recordkeeping. This section requires that the 
recipient must retain the self-evaluation for a period of three years 
following its completion.
    11 CFR 9421.6--Discrimination complaints. This section provides 
that any individual who believes that he or she has been subjected to 
discrimination prohibited by part 9421 or who believes that a denial of 
his or her services results in discrimination prohibited by part 9421 
may file a written complaint of discrimination with the Diversity 
Officer of EAC. Filing a complaint is strictly voluntary.
    11 CFR 9421.6(b)(3), (4), and (5)--Agency support for the complaint 
process. These sections require the EAC to disseminate information 
regarding the obligations of recipients, and to notify the complainant 
and the recipient of their rights under the complaint process, 
including the right to have a representative at all stages of the 
complaint process; and of their right to contact the Commission for 
information and assistance regarding the complaint resolution process.
    11 CFR 9421.6(e) and (f)--Complaint investigation and resolution. 
These sections provide that the Diversity Officer will notify the 
complainant and respondent of the receipt of a complaint; will examine 
the complaint for completeness and notify the complainant if additional 
information is needed; and will notify the complainant of the results 
of the investigation.
    11 CFR 9421.6(g)--Appeals. This section requires a complainant to 
file a written appeal within 90 days of receipt from EAC of a letter 
that notifies the complainant of the results of the investigation of 
his or her complaint. This action is voluntary.
    11 CFR 9421.7(b)--Recordkeeping. This section requires that each 
recipient of EAC's Federal financial assistance is required to keep 
records in a manner and containing information the Commission 
determines is necessary, make information available to the Commission 
upon request, and permit reasonable access by the Commission to the 
books, records, accounts, and other recipient facilities and sources of 
information. This information may be used by EAC to respond to 
Congressional inquiries, to assess the effectiveness of the regulations 
in 11 CFR part 9421, and as input into compliance reviews.
    11 CFR 9421.7(c)--Information on protections against 
discrimination. This section requires each recipient to make available 
to participants, beneficiaries, and other interested persons 
information about the provisions of part 9421 and its applicability to 
the program for which the recipient receives Federal financial 
assistance.
    11 CFR 9421.7(d)--Mediation. The section requires the Agency to 
refer complaints to the Federal Conciliation and Mediation Service 
(FCMS) prior to disposition by the EAC Diversity Officer and requires 
the complainant and the recipient to participate in at least one 
meeting with a mediator during the mediation process. If an agreement 
is reached, the complainant and the recipient must sign a written 
statement

[[Page 79459]]

of that agreement which will be prepared by the mediator. Third-party 
respondents include the complainant and the mediator.
    11 CFR 9421.8(a)--Investigation and settlement of complaints. This 
section requires EAC to investigate complaints that are unresolved 
after mediation or are reopened because of an alleged violation of a 
mediation agreement. EAC will establish facts through such methods as 
discussion with the complainant and recipient and the review of 
documents in the possession of either party. Settlements shall be in 
writing and signed by the parties and by an authorized EAC official.
    11 CFR 9421.8(c)(2)(iii)--Redisbursement of grant funds to an 
alternate recipient. This section provides that EAC may redisburse 
discretionary grant funds withheld or terminated under this part 
directly to an alternate recipient. EAC shall require the alternate 
recipient to demonstrate the ability to comply with the regulations and 
the ability to achieve the goals of the Federal statute authorizing the 
program or activity.
    Needs and Uses: This information collection is required by Title VI 
of the Civil Rights Act of 1964 (the Act). Title VI, 42 U.S.C. 2000d et 
seq., was enacted as part of the Civil Rights Act of 1964. It prohibits 
discrimination on the basis of race, color, and national origin in 
programs and activities receiving Federal financial assistance. The 
information collected and maintained by the recipients of EAC's 
assistance is used internally by EAC for monitoring compliance with the 
civil rights laws and regulations. This information is made available 
to EAC officials, officials of other federal enforcement agencies, and 
to Congress for reporting purposes.

Information Collection Associated With Regulations

    Affected Public: EAC grant recipients.
    Estimated Number of Respondents: 96.
    Total Annual Responses: 96.
    Estimated Total Annual Burden Hours: 181 hours.

Recordkeeping Requirement Associated With Regulations

    Affected Public: EAC grant recipients.
    Estimated Number of Respondents: 84.
    Total Annual Responses: 84.
    Estimated Total Annual Burden Hours: 448 hours.
    Title: Nondiscrimination on the Basis of Age in Programs or 
Activities Receiving Federal Financial Assistance from the U.S. 
Election Assistance Commission:
    OMB Number: Pending.
    Type of Review: Regular submission.
    Summary of Information Collections and Recordkeeping Requirements: 
(Full text of regulation at http://www.eac.gov; and available upon 
written request).
    11 CFR 9422.5--Assurances required. Section 9422.5(a)(1) requires 
that applicants (individuals and facilities) for EAC's Federal 
financial assistance must provide a written assurance that they will 
comply with the requirements of the Age Discrimination Act of 1975 and 
45 CFR part 90. This assurance must be signed by the applicant and 
Sec.  9422.5(a)(2) requires the assurance to be submitted to the 
Commission upon the award of Federal financial assistance. Similarly, 
Sec.  9422.5(c) requires every application by a State or State agency 
to contain or be accompanied by a statement that the program will be 
conducted in compliance with all requirements of 11 CFR part 9422.
    11 CFR 9422.5(a)(2)--Written notice to subrecipients. This section 
requires that the recipient provide each of its subrecipients with 
written notice of the subrecipient's obligations under this part 
whenever a recipient passes Federal financial assistance received from 
EAC to subrecipients.
    11 CFR 9422.5(b)--Self-evaluation. This section provides that EAC 
may require a recipient employing 15 or more employees to complete a 
written self-evaluation of any age distinction imposed in its program 
or activity receiving Federal financial assistance from EAC so that EAC 
may assess the recipient's compliance with the Act. This self-
evaluation will be completed in a manner specified by EAC and will be 
made available on request to the Commission and the public. The purpose 
of the self-assessment is to indicate to the recipient any violation of 
the Act, 45 CFR part 90, or part 9422, and if a violation is 
identified, the recipient is required to take corrective action to 
remedy the violation.
    11 CFR 9422.5(b)--Recordkeeping. This section requires that the 
recipient must retain the self-evaluation for a period of three years 
following its completion.
    11 CFR 9422.6--Discrimination complaints. This section provides 
that any individual who believes that he or she has been subjected to 
discrimination prohibited by part 9422 or who believes that a denial of 
his or her services results in discrimination prohibited by part 9422 
may file a written complaint of discrimination with the Diversity 
Officer of EAC. Filing a complaint is strictly voluntary.
    11 CFR 9422.6(b)(3), (4), and (5)--Agency support for the complaint 
process. These sections require EAC to disseminate information 
regarding the obligations of recipients, and to notify the complainant 
and the recipient of their rights under the complaint process, 
including the right to have a representative at all stages of the 
complaint process, and of their right to contact the Commission for 
information and assistance regarding the complaint resolution process.
    11 CFR 9422.6(e) and (f)--Complaint investigation and resolution. 
These sections provide that the Diversity Officer will notify the 
complainant and respondent of the receipt of a complaint; will examine 
the complaint for completeness and notify the complainant if additional 
information is needed; and will notify the complainant of the results 
of the investigation.
    11 CFR 9422.6(g)--Appeals. This section requires a complainant to 
file a written appeal within 90 days of receipt from EAC of a letter 
that notifies the complainant of the results of the investigation of 
his or her complaint. This action is voluntary.
    11 CFR 9422.7(b)--Recordkeeping. This section requires that each 
recipient of EAC's Federal financial assistance is required to keep 
records in a manner and containing information the Commission 
determines is necessary, make information available to the Commission 
upon request, and permit reasonable access by the Commission to the 
books, records, accounts, and other recipient facilities and sources of 
information. This information may be used by EAC to respond to 
Congressional inquiries, to assess the effectiveness of the regulations 
in 11 CFR part 9422, and as input into compliance reviews.
    11 CFR 9422.7(c)--Information on protections against 
discrimination. This section requires each recipient to make available 
to participants, beneficiaries, and other interested persons 
information about the provisions of part 9422 and its applicability to 
the program for which the recipient receives Federal financial 
assistance. EAC anticipates that each recipient will prepare a fact 
sheet meeting the requirements of this section and will have it 
available upon request, including having it available on a website that 
may be maintained by the recipient.
    11 CFR 9422.7(d)--Mediation. The section requires the Agency to 
refer complaints to the Federal Conciliation and Mediation Service 
(FCMS) prior to disposition by the EAC Diversity Officer and requires 
the complainant and the

[[Page 79460]]

recipient to participate in at least one meeting with a mediator during 
the mediation process. If an agreement is reached, the complainant and 
the recipient must sign a written statement of that agreement which 
will be prepared by the mediator. Third-party respondents include the 
complainant and the mediator.
    11 CFR 9422.8(a)--Investigation and settlement of complaints. This 
section requires EAC to investigate complaints that are unresolved 
after mediation or are reopened because of an alleged violation of a 
mediation agreement. EAC will establish facts through such methods as 
discussion with the complainant and recipient and the review of 
documents in the possession of either party. Settlements shall be in 
writing and signed by the parties and by an authorized EAC official.
    11 CFR 9422.8(c)(2)(iii)--Redisbursement of grant funds to an 
alternate recipient. This section provides that EAC may redisburse 
discretionary grant funds withheld or terminated under this part 
directly to an alternate recipient. EAC shall require the alternate 
recipient to demonstrate the ability to comply with the regulations and 
the ability to achieve the goals of the Federal statute authorizing the 
program or activity.
    Needs and Uses: This information collection is required by the Age 
Discrimination Act of 1975, consistent with the government-wide age 
discrimination regulation contained at 45 CFR part 90. This law and 
regulation prohibit discrimination on the basis of age in programs and 
activities receiving federal financial assistance. The information 
collected and maintained by the recipients of EAC's assistance is used 
internally by EAC for monitoring compliance with age discrimination 
laws and regulations. This information is made available to EAC 
officials, officials of other federal enforcement agencies, and to 
Congress for reporting purposes.

Information Collection Associated With Regulations

    Affected Public: EAC grant recipients.
    Estimated Number of Respondents: 96.
    Total Annual Responses: 96.
    Estimated Total Annual Burden Hours: 181 hours.

Recordkeeping Requirement Associated With Regulations

    Affected Public: EAC grant recipients.
    Estimated Number of Respondents: 84.
    Total Annual Responses: 84.
    Estimated Total Annual Burden Hours: 448 hours.

Thomas R. Wilkey,
Executive Director, U.S. Election Assistance Commission.
 [FR Doc. E8-30823 Filed 12-24-08; 8:45 am]
BILLING CODE 6820-KF-P