[Federal Register Volume 69, Number 231 (Thursday, December 2, 2004)]
[Notices]
[Pages 70141-70143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26559]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[OARM-2004-0001; FRI-7844-5]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; General Administrative 
Requirements for Assistance Programs: EPA Administrative Capability 
Questionnaire, EPA ICR Number 0938.10, OMB Control Number 2030-0020

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this document announces that an Information Collection 
Request (ICR) has been forwarded to the Office of Management and Budget 
(OMB) for review and approval. This is a request for a new collection.

DATES: Additional comments may be submitted on or before January 3, 
2005.

ADDRESSES: Submit your comments, referencing docket ID number OARM-
2004-0001, to (1) 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--
Mail Code-28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, 
and (2) OMB at: Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th 
Street, NW., Washington, DC 20503.

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

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On August 19, 2004 (69 FR 51462), EPA sought comments on this 
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments.
    EPA has established a public docket for this ICR under Docket ID 
No. OARM-2004-0001, which is available for public viewing at the Office 
of Environmental Information Docket in the EPA Docket Center (EPA/DC), 
EPA

[[Page 70142]]

West, Room B102, 1301 Constitution Avenue, 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 EPA 
Dockets (EDOCKET) at http://www.epa.gov/edocket. Use EDOCKET to 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 and OMB 
within 30 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 comment 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 statute, 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.
    Title: General Administrative Requirements For Assistance Programs: 
EPA Administrative Capability Questionnaire.
    Abstract: The Environmental Protection Agency (EPA) is establishing 
procedures for assessing administrative capability of non-profit 
organizations applying for EPA grants. Under the new procedures, EPA 
will require certain non-profit applicants 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 
award grants to the non-profit applicant. Applicants that provide 
information that demonstrates they are administratively capable will be 
``certified'' for the next four years, and therefore, would not have to 
resubmit the questionnaire and supporting documents in the next four 
years unless administrative management issues arise before the 
certification period has ended. Note: One potentially significant 
revision since the publication of the first Federal Register notice has 
been the inclusion of an additional (optional) data element. This data 
element ``CPA CERTIFICATION (OPTIONAL),'' at the end of the 
questionnaire, allows the applicant to further demonstrate that the 
recipient has established fiscal controls and accounting procedures 
which assure that project funds are distributed and accounted for 
properly.
    In applying for a non-construction, discretionary grant from EPA, 
each applicant is currently required to complete and submit Standard 
Form (SF) series forms SF424, SF424A, and SF424B. By signing the 
SF424B, ``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 legal authority to apply for Federal 
assistance and 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, 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 a grant is awarded, EPA is prescribing uniform pre-
award procedures for evaluating the administrative and programmatic 
capability of non-profit applicants. As part of these procedures, EPA 
will require that non-profit applicants seeking funding for a new award 
in excess of $200,000 complete a checklist entitled ``EPA 
Administrative Capability Questionnaire'' and return it to the 
designated EPA office with supporting documentation. In limited cases 
EPA may also require non-profit applicants seeking new awards below 
this threshold to complete the same questionnaire, where the Agency 
learns that significant weakness/deficiencies may be present that could 
compromise a non-profit's administrative capability. Note that much of 
the information to be collected in the proposed questionnaire is 
currently being collected from grant recipients during EPA's post-award 
monitoring activities (ref.: OMB 2030--0020, Expiration date 12/31/05). 
The information to be collected also directly relates to the 
administrative management systems which recipients are required to 
establish under 40 CFR part 30.
    For purposes of this Notice, EPA uses the term ``administrative 
capability'' interchangeably with the term ``managerial and financial 
capability''. The term ``administrative capability'' means the 
capability of an applicant or recipient 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 recordkeeping. For purposes of 
this Notice, EPA uses the term ``programmatic capability'' 
interchangeably with the term ``institutional capability''. The term 
``programmatic capability'' means the technical capability of an 
applicant or recipient 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 and are identified on 
the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 4.0 
hours per response. 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

[[Page 70143]]

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.
    Respondents/Affected Entities: EPA non-profit applicants 
recommended for new assistance awards of greater than $200,000.
    Estimated Number of Respondents: 100.
    Frequency of Response: Once every four years.
    Estimated Total Annual Hour Burden: 400.
    Estimated Total Annual Cost: $16,875, includes $0 annualized 
capital or O&M costs.
    Changes in the Estimates: There is a increase of 400 hours in the 
total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. This increase is due to the addition of a new 
Data Collection Instrument (protocol) to the others already utilized in 
EPA's ``General Administrative Requirements For Assistance Programs''--
OMB Control Number 2030-0020 (Expiration Date: 12/31/2005). This new 
protocol is necessary to maintain and enhance EPA's Federal stewardship 
responsibilities.

    Dated: November 14, 2004.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 04-26559 Filed 12-1-04; 8:45 am]
BILLING CODE 6560-50-M