[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Notices]
[Pages 67182-67184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28077]


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ENVIRONMENTAL PROTECTION AGENCY

EPA-HQ-OARM-2011-0803, EPA-HQ-OARM-2-11-0804; FRL-9484-8]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Background Checks for Contractor Employees (Renewal) 
and Drug Testing for Contract Employees (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that EPA is planning to 
submit a request to renew two existing

[[Page 67183]]

approved Information Collection Requests (ICR) to the Office of 
Management and Budget (OMB). These ICRs are scheduled to expire as 
follows: EPA ICR No. 2159.03 on April 30, 2012, and EPA ICR No. 2183.05 
on June 30, 2012. 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 December 30, 2011.

ADDRESSES: Submit your comments, identified by Docket ID Numbers 
provided for each item in the text, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Email: [email protected].
     Mail: OEI Docket, Environmental Protection Agency, 
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 
Please include a total of three (3) copies and identify one of 
following Docket ID Numbers:
    (1) Docket ID: EPA-HQ-OARM-2011-0803, Background Checks for 
Contractor Employees.
    (2) Docket ID: EPA-HQ-OARM-2-11-0804, Drug Testing for Contractor 
Employees.
     Hand Delivery: EPA Docket Center-Attention OEI Docket, EPA 
West, Room B102, 1301 Constitution Ave., NW., Washington DC 20004. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments identified by the Docket ID 
numbers provided for each item in the text. EPA's policy is that all 
comments received will be included in the public docket without change 
and may be made available online at http://www.regulations.gov, 
including any personal information provided, unless the comment 
includes information claimed to be Confidential Business Information 
(CBI) or other information whose disclosure is restricted by statute. 
Do not submit information that you consider to be CBI or otherwise 
protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through http://www.regulations.gov your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Staci Ramrakha, Policy Training and 
Oversight Division, Office of Acquisition Management (3802R), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 564-2017; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

How can I access the docket and/or submit comments?

    EPA has established a public docket for each of the ICRs identified 
in this document (see the Docket ID numbers for each ICR that are 
provided in the text), which is available for online viewing at http://www.regulations.gov, or in person viewing at the OEI Docket in the EPA 
Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., 
NW., Washington, DC. The EPA/DC 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 OEI Docket is (202) 566-1752.
    Use http://www.regulations.gov to obtain a copy of the draft 
collection of information, submit or view public comments, access the 
index listing of the contents of the 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 in this document.

What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it 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. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What information collection activity or ICR does this apply to?

    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 title 40 of the CFR, after appearing in the Federal 
Register when approved, are listed in 40 CFR part 9, are displayed 
either by publication in the Federal Register or by other appropriate 
means, such as on the related collection instrument or form, if 
applicable. The

[[Page 67184]]

display of OMB control numbers in certain EPA regulations is 
consolidated in 40 CFR part 9.

Individual ICRs

    (1) Docket ID: EPA-HQ-OARM-2011-0803, Background Checks for 
Contractor Employees;
    (2) Docket ID: EPA-HQ-OARM-2-11-0804, Drug Testing for Contractor 
Employees.
    Affected entities: Entities potentially affected by these two ICRs 
are contractors performing work at sensitive sites or on sensitive 
projects, and not covered under the provisions of Homeland Security 
Presidential Directive-2. Specifically, all contractors involved with 
Emergency Response, Superfund, Information systems, Facility Services, 
and Research Support that have significant security concerns, as 
determined by the contracting officer, on a case-by-case basis, will be 
required to provide qualified personnel that meet the background check 
and drug testing requirements developed by EPA.

Titles: (1) Background Checks for Contractor Employees (Renewal); (2) 
Drug Testing for Contractor Employees

    ICR numbers: (1) Background checks for Contractor Employees EPA-HQ-
OARM-2011-0803, OMB Control No. 2030-0043; (2) Drug Testing for 
Contractor Employees EPA ICR No. 2183.05, OMB Control No. 2030-0044.
    ICR status: (1) EPA-HQ-OARM-2011-0803 is scheduled to expire on 
April 30, 2012. (2) EPA ICR No. 2183.05 is scheduled to expire on June 
30. 2012.
    Abstract: (1) Background checks cover citizenship or valid visa, 
criminal convictions, weapons offenses, felony convictions, and parties 
prohibited from receiving federal contracts. (2) Drug tests are for the 
presence of marijuana, cocaine, opiates, amphetamines and phencyclidine 
(PCP). Contractors shall maintain records of all background checks and 
drug tests.
    Burden Statement: 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 which have subsequently changed; 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. The individual ICRs 
provide a detailed explanation of the Agency's estimate, which are 
briefly summarized below.
    (1) The number of contractor employees expected to submit the 
requested information for EPA-HQ-OARM-2011-0803, Background Checks, is 
3,000 for the life of the ICR (3 years), which equates to 1,000 per 
year. The estimated effort for contractors to collect information for 
each background check is one hour, or 1,000 hours per year. The 
estimated annual respondent cost for performing background check 
collection requests is $83,450. This is calculated by multiplying the 
number of annual occurrences, 1,000, by the estimated respondent cost 
of $83.45 per collection, which includes time to fill out the 
information, the cost of the background check, reviewing/applying 
suitability criteria, submitting a notification to the EPA and 
maintaining files. Using an annual escalation rate of 2.5%, this 
equates to a total respondent cost of $256,670 over the three year life 
of this ICR. In addition to the respondent burden, there is also an 
agency burden for ensuring contractor compliance, documenting 
contractors' notifications and issuing waivers. This is estimated to be 
.5 hours for each collection (1,000 per year) and .25 hours for each 
waiver request (250 per year) for a total of 562.5 hours per year and a 
cost of $53,133.75 per year. This equates to a total agency cost of 
$159,401.25 over the three year life of this ICR.
    (2) The number of contractor employees expected to submit the 
requested information for EPA ICR No. 2183.05, Drug Testing, is 1,350 
for the life of this ICR (3 years) which equates to 450 per year. The 
estimated effort for contractors to collect information for each drug 
test is one hour, for a total of 450 hours per year. The estimated 
annual respondent cost for performing drug tests is $72,450. This is 
calculated by multiplying the number of annual occurrences, 450, by the 
estimated respondent cost of $161.00 per test, which includes time to 
provide the sample, the cost of the drug test, reviewing results, 
submitting notification to the EPA and maintaining files. Using an 
annual escalation rate of 2.5%, this equates to a total respondent cost 
of $495,000. In addition to the respondent burden, there is also an 
agency burden for ensuring contractor compliance. This is estimated to 
be .25 hours per occurrence for a total of 112.5 hours per year (450 
drug tests per year multiplied by .25) and an annual cost of 
$10,626.75. This equates to a total agency cost of $31,880.25 over the 
three year life of this ICR.

Are there changes in the estimates from the last approval?

    EPA estimates that the hourly burden for both collections will 
remain the same as reported in the previous information collections 
because there has been no change in the information being collected and 
approximately the same number of contracts remain active.

What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICRs as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: October 19, 2011.
John R. Bashista,
Director, Office of Acquisition Management.
[FR Doc. 2011-28077 Filed 10-28-11; 8:45 am]
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