[Federal Register Volume 73, Number 249 (Monday, December 29, 2008)]
[Notices]
[Pages 79457-79460]
From the Federal Register Online via the Government Publishing 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.

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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 [email protected] 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