[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]
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