[Federal Register Volume 69, Number 160 (Thursday, August 19, 2004)]
[Notices]
[Pages 51462-51464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19049]


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ENVIRONMENTAL PROTECTION AGENCY

[OARM-2004-0001, FRL-7809-9]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; General Administrative Requirements for Assistance 
Programs, EPA ICR Number 0938.09, OMB Control Number 2030-0020

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this document announces that EPA is planning to submit a 
proposed Information Collection Request (ICR) to the Office of 
Management and Budget (OMB). This is a request for a new collection. 
Before submitting the ICR to OMB for review and approval, EPA is 
soliciting comments on specific aspects of the proposed information 
collection as described below.

DATES: Comments must be submitted on or before October 18, 2004.

ADDRESSES: Submit your comments, referencing docket ID number OARM-
2004-0001, to EPA online using EDOCKET (our preferred method), by e-
mail to [email protected], or by mail to: EPA Docket Center, 
Environmental Protection Agency, Office of Environmental Information 
Docket-Mail Code 2822IT, 1200 Pennsylvania Ave., NW., Washington, DC 
20460.

FOR FURTHER INFORMATION CONTACT: Marguerite Pridgen, Office of Grants 
and Debarment, Mail Code 3903R, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 
564-5308; fax number: (202) 565-2470; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID number OARM-2004-0001, which is available for 
public viewing at the Office of Environmental Information Docket in the 
EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution 
Ave., NW., Washington, DC. The EPA Docket Center 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 Office of Environmental 
Information Docket is (202) 566-1752. An electronic version of the 
public docket is available through

[[Page 51463]]

EPA Dockets (EDOCKET) at http://www.epa.gov/edocket. Use EDOCKET to 
obtain a copy of the draft collection of information, submit or view 
public comments, access the index listing of the contents of the public 
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 above.
    Any comments related to this ICR should be submitted to EPA within 
60 days of this notice. EPA's policy is that public comments, whether 
submitted electronically or in paper, will be made available for public 
viewing in EDOCKET as EPA receives them and without change, unless the 
comment contains copyrighted material, CBI, or other information whose 
public disclosure is restricted by statute. When EPA identifies a 
comment containing copyrighted material, EPA will provide a reference 
to that material in the version of the comments that is placed in 
EDOCKET. The entire printed comment, including the copyrighted 
material, will be available in the public docket. Although identified 
as an item in the official docket, information claimed as CBI, or whose 
disclosure is otherwise restricted by statue, is not included in the 
official public docket, and will not be available for public viewing in 
EDOCKET. For further information about the electronic docket, see EPA's 
Federal Register notice describing the electronic docket at 67 FR 38102 
(May 31, 2002), or go to http://www.epa.gov/edocket.
    Affected entities: Entities potentially affected by this action are 
non-profit organizations applying for EPA assistance awards, including 
grants and cooperative agreements.
    Title: General Administrative Requirements For Assistance Programs.
    Abstract: The Environmental Protection Agency (EPA) is establishing 
procedures for assessing administrative capability of non-profit 
organizations applying for EPA assistance agreements. Under the new 
procedures, EPA will require non-profit applicants recommended for 
award to complete a checklist entitled ``EPA Administrative Capability 
Questionnaire'' and return it to EPA with supporting documentation. The 
responses to the form will be a basis for assessing administrative 
capability and deciding whether to make awards to the non-profit 
applicant. Applicants that provide information that demonstrates they 
are administratively capable will be ``certified'' for a specified 
period (e.g., four years) and therefore, would not have to resubmit the 
questionnaire and supporting documents during that time unless 
administrative management issues arise before the certification period 
has ended. This Notice invites comments on the proposed data collection 
effort.
    In applying for a non-construction, discretionary grant from EPA, 
each applicant is currently required to complete and submit Standard 
Form (SF) series forms SF 424, SF 424A, and SF 424B. By signing the SF 
424B, ``Assurances--Non-Construction Programs,'' the applicant is 
assuring compliance with various statutory and regulatory requirements 
(40 CFR Part 30--Grants and Agreements with Institutions of Higher 
Education, Hospitals, and other Non-Profit Organizations) and is 
assuring that it ``[h]as the * * * institutional, managerial and 
financial capability (including funds sufficient to pay the non Federal 
share of project cost) to ensure proper planning, management and 
completion of the project described in this application.'' Despite this 
assurance of administrative and programmatic capability, EPA's Office 
of the Inspector General and Office of Grants and Debarment within 
EPA's Office of Administration and Resources Management have documented 
numerous instances of non-profit recipients that have inadequate 
administrative systems to manage EPA funds or lack the capability to 
successfully perform the project scope of work.
    Recognizing that it is preferable to address such issues before, 
rather than after an assistance agreement is awarded, EPA is 
prescribing uniform pre-award procedures for evaluating the 
administrative and programmatic capability of non-profit applicants. 
Specifically, EPA will require that non-profit applicants recommended 
for award complete a checklist entitled ``EPA Administrative Capability 
Questionnaire'' and return it to the designated EPA office with 
supporting documentation. Note that much of the information to be 
collected in the proposed questionnaire is currently being collected 
from assistance agreement recipients during EPA's post-award monitoring 
activities (ref.: OMB 2030-0020, Expiration date 12/31/05). In 
addition, 40 CFR Part 30 currently requires non-profit organizations 
that receive EPA assistance agreements to maintain documentation 
supporting their administrative capability.
    For purposes of this Notice, EPA uses the term ``administrative 
capability'' to mean the capability of an applicant to develop and 
implement administrative systems required by 40 CFR Part 30, including 
systems related to financial management, property management, 
procurement standards and financial reporting and record-keeping.
    As part of its pre-award procedures, EPA is considering whether to 
collect information on programmatic capability from non-profit 
organizations that apply for non-competitive grants. For purposes of 
this Notice, EPA uses the term ``programmatic capability'' to mean the 
technical capability of an applicant to successfully carry out a 
project, taking into account factors such as past performance on 
similar projects, prior experience, timely progress reporting, the 
qualifications of key personnel and allocation of roles and 
responsibilities for proper project management, and the adequacy of 
equipment, resources and facilities.
    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 40 CFR are listed in 40 CFR Part 9.
    The EPA would like to solicit comments 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.
    Burden Statement: The EPA estimates the average annual reporting 
burden for non-profit applicants recommended for award to complete the 
``Administrative Capability Questionnaire'' to be 2 hours. In the first 
year of the new pre-award procedures, EPA will only require non-profit 
applicants recommended for new assistance awards of greater than 
$100,000 to provide this information. The estimated applicant pool for 
these awards is 210, which results in a burden of 420 hours (210 x 2 
hours). In subsequent years, EPA may require all non-profit applicants 
recommended for new awards to provide this information. Based on a 
total non-profit applicant

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pool of approximately 700, the resultant burden would be 1400 hours 
(700 X 2).
    The EPA estimates the average annual reporting burden for non-
profit applicants recommended for award to provide programmatic 
capability information to be 6 hours. The Agency also estimates that 
35% of the 700 new awards to non-profit organizations--245 awards--
would be made non-competitively. The resultant burden would be 1470 
hours (245 x 6 hours).
    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.

    Dated: August 13, 2004.
Howard Corcoran,
Acting Assistant Administrator, Office of Administration and Resources 
Management.
[FR Doc. 04-19049 Filed 8-18-04; 8:45 am]
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