30-Day Notice

30-Day Notice for 1512 ICR 4-29-10.pdf

Section 1512 Data Elements - Federal Financial Assistance

30-Day Notice

OMB: 0430-0004

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Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Notices
POSTAL REGULATORY COMMISSION
[Docket Nos. CP2010–38 and CP2010–39;
Order No. 446]

New Postal Product
Postal Regulatory Commission.
Notice.

AGENCY:
ACTION:

SUMMARY: The Commission is noticing a
recently-filed Postal Service request to
add two Global Expedited Package
Services 2 contracts to the Competitive
Product List. This notice addresses
procedural steps associated with this
filing.
DATES:

Comments are due: April 30,

2010.
Submit comments
electronically via the Commission’s
Filing Online system at http://
www.prc.gov. Commenters who cannot
submit their views electronically should
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section
by telephone for advice on alternatives
to electronic filing.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
202–789–6820 or
[email protected].
ADDRESSES:

SUPPLEMENTARY INFORMATION:

Table of Contents
I. Introduction
II. Notice of Filing
III. Ordering Paragraphs
I. Introduction

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On April 21, 2010, the Postal Service
filed a notice announcing that it has
entered into two additional Global
Expedited Package Services 2 (GEPS 2)
contracts.1 The Postal Service believes
the instant contracts are functionally
equivalent to previously submitted
GEPS 2 contracts, and are supported by
Governors’ Decision No. 08–7, attached
to the Notice and originally filed in
Docket No. CP2008–4. Id. at 1,
Attachment 3. The Notice also explains
that Order No. 86, which established
GEPS 1 as a product, also authorized
functionally equivalent agreements to be
included within the product, provided
that they meet the requirements of 39
U.S.C. 3633. Id. at 1. In Order No. 290,
the Commission approved the GEPS 2
product.2
1 (1) Notice of United States Postal Service Filing
of Two Functionally Equivalent Global Expedited
Package Services 2 Negotiated Service Agreements
and Application for Non-Public Treatment of
Materials Filed Under Seal, April 21, 2010 (Notice).
2 (2) Docket No. CP2009–50, Order Granting
Clarification and Adding Global Expedited Package
Services 2 to the Competitive Product List, August
28, 2009 (Order No. 290).

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The instant contracts. The Postal
Service filed the instant contracts
pursuant to 39 CFR 3015.5. In addition,
the Postal Service contends that each
contract is in accordance with Order No.
86. The term of each contract is 1 year
from the date the Postal Service notifies
the customer that all necessary
regulatory approvals have been
received. Notice at 2–3.
In support of its Notice, the Postal
Service filed four attachments as
follows:
• Attachments 1A and 1B—redacted
copies of the two contracts and
applicable annexes;
• Attachments 2A and 2B—a certified
statement required by 39 CFR
3015.5(c)(2) for each of the two
contracts;
• Attachment 3—a redacted copy of
Governors’ Decision No. 08–7 which
establishes prices and classifications for
GEPS contracts, a description of
applicable GEPS contracts, formulas for
prices, an analysis and certification of
the formulas and certification of the
Governors’ vote; and
• Attachment 4—an application for
non-public treatment of materials to
maintain redacted portions of the
contracts and supporting documents
under seal.
The Notice advances reasons why the
instant GEPS 2 contracts fit within the
Mail Classification Schedule language
for GEPS 2. The Postal Service identifies
customer-specific information, general
contract terms and other differences that
distinguish the instant contracts from
the baseline GEPS 2 agreement, all of
which are highlighted in the Notice. Id.
at 3–6. These modifications as described
in the Postal Service’s Notice apply to
each of the instant contracts.
The Postal Service contends that the
instant contracts are functionally
equivalent to the GEPS 2 contracts filed
previously notwithstanding these
differences. Id. at 6–7.
The Postal Service asserts that several
factors demonstrate the contracts’
functional equivalence with previous
GEPS 2 contracts, including the product
being offered, the market in which it is
offered, and its cost characteristics. Id.
at 3. The Postal Service concludes that
because the GEPS agreements
‘‘incorporate the same cost attributes
and methodology, the relevant cost and
market characteristics are similar, if not
the same...’’ despite any incidental
differences. Id. at 6.
The Postal Service contends that its
filings demonstrate that each of the new
GEPS 2 contracts comply with the
requirements of 39 U.S.C. 3633 and is
functionally equivalent to previous
GEPS 2 contracts. It also requests that

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22633

the contracts be included within the
GEPS 2 product. Id. at 7.
II. Notice of Filing
The Commission establishes Docket
Nos. CP2010–38 and CP2010–39 for
consideration of matters related to the
contracts identified in the Postal
Service’s Notice.
These dockets are addressed on a
consolidated basis for purposes of this
order. Filings with respect to a
particular contract should be filed in
that docket.
Interested persons may submit
comments on whether the Postal
Service’s contracts are consistent with
the policies of 39 U.S.C. 3632, 3633 or
3642. Comments are due no later than
April 30, 2010. The public portions of
these filings can be accessed via the
Commission’s Web site (http://
www.prc.gov).
The Commission appoints Paul L.
Harrington to serve as Public
Representative in the captioned
proceedings.
III. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket
Nos. CP2010–38 and CP2010–39 for
consideration of matters raised by the
Postal Service’s Notice.
2. Comments by interested persons in
these proceedings are due no later than
April 30, 2010.
3. Pursuant to 39 U.S.C. 505, Paul L.
Harrington is appointed to serve as the
officer of the Commission (Public
Representative) to represent the
interests of the general public in these
proceedings.
4. The Secretary shall arrange for
publication of this order in the Federal
Register.
By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2010–9887 Filed 4–28–10; 8:45 am]
BILLING CODE 7710–FW–S

RECOVERY ACCOUNTABILITY AND
TRANSPARENCY BOARD
Proposed Information Collection
ACTION: Notice of submission to OMB
and 30-day public comment period.
SUMMARY: Under provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3507(a)(1)(D)) and 5 CFR Part
1320, the Recovery Accountability and
Transparency Board (Board) invites
public comments on a revision of a
currently approved collection of
information (OMB number 0430–0004).

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Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Notices

DATES: Public comments on this
Information Collection Request (ICR)
will be accepted on or before June 1,
2010.

Send all comments to
Sharon Mar, Desk Officer for the
Recovery Accountability and
Transparency Board, Office of
Management and Budget, New
Executive Office Building, Washington,
DC 20503; fax 202–395–5167; or e-mail
to [email protected].
ADDRESSES:

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Comments Received on the 60-Day
Federal Register Notice
On June 18, 2009, the Office of
Management and Budget (OMB) through
its emergency review process approved
the Board’s ICR titled ‘‘Section 1512
Data Standards.’’ On August 7, 2009, the
Board published a 60-Day Notice to
solicit comments on the ICR in the
Federal Register (74 FR 39605). Due to
subsequent changes in the data elements
requested pursuant to OMB Guidance
(M–09–21, June 22, 2009), on August 27,
2009, the Board submitted to OMB a
revised ICR titled ‘‘Section 1512 Data
Elements—Federal Financial
Assistance,’’ requesting approval. On
September 10, 2009, OMB, through its
emergency review process, approved the
ICR. On October 8, 2009, the Board
published in the Federal Register
another 60-Day Notice to solicit
comments on the revised ICR (74 FR
51884). The comment period closed on
December 7, 2009.
On December 18, 2009, OMB issued
new Recovery Act guidance (M–10–08).
This guidance, in part, included a new
methodology that recipients were to use
in calculating the jobs data requested by
section 1512 of the American Recovery
and Reinvestment Act of 2009 (Recovery
Act). Accordingly, the Board revised its
ICR, and OMB approved the revised ICR
on December 31, 2009. OMB further
advised that another 60-Day Notice for
the ICR would not be required. Instead,
the Board is submitting the ICR to OMB
and opening the 30-day public notice
and comment period.
The Board received four comments in
response to its 60-Day Federal Register
Notices. One commenter, a hospital,
stated it anticipates that the level of
detail required to be reported and the
frequency (quarterly) of required
reporting will be overly burdensome.
This commenter suggested that the
reporting requirements be limited to not
more than twice a year, that subrecipient participation be minimized,
and that no information be requested on
vendors. The commenter further
suggested that only basic information
from prime recipients on their sub-

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recipients should be reported (DUNS,
location, amount of award, amount
expensed); that information on the most
highly compensated officers of nonprofit institutions should be eliminated
from reporting; and that information on
research supplies paid to vendors is
excessively burdensome and should be
eliminated. These suggestions are
beyond the statutory or regulatory
authority of the Board, which oversees
the reporting mandated by Congress, as
implemented by OMB.
A second comment was received
requesting that OMB allow the
Department of Housing and Urban
Development (HUD) to grant a waiver to
Project-Based Section 8 owners from the
Section 1512 reporting requirements.
The Board understands that OMB,
through HUD, has granted this request
on the grounds that the Project-Based
Rental Assistance Program is
tantamount to an individual benefits
program.
A third comment was submitted by an
association of 180 research universities
and their affiliated academic medical
centers and research institutions
concerning the annual and quarterly
burden associated with section 1512
reporting. The association states that it
performed an analysis to estimate the
burden associated with section 1512
reporting, focusing on those research
institutions which may receive
hundreds of Recovery Act awards. The
association concluded that the burden
associated with each Recovery Act
award would be approximately 11.5
hours per quarter. The association’s
quarterly estimation included time
devoted to ‘‘accumulating data,
analyzing data quality, data entry into
FederalReporting.gov, etc.’’ Given the
implementation of a copy-forward
feature on the data submitted into
FederalReporting.gov, however, it is
likely that little data—aside from jobs
reporting and project status updates—
will need to be accumulated or entered
into FederalReporting.gov on a quarterly
basis. The Board did take into account
the association’s note that, of Recovery
Act recipients who receive upwards of
15 awards, some will be major research
institutions that receive hundreds of
awards. As of the date the 60-Day Notice
comment period had closed, of the
recipients who received 15 or more
Recovery Act awards, the average
number of awards was approximately 70
per recipient. The Board therefore
revised its estimates to account for these
larger institutions.
The association also commented on
‘‘ways for the Board to enhance the
quality, utility, and clarity of the
information being collected,’’

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concluding that administrative cost
relief for colleges and universities
similar to that provided to the States
would help those recipients meet the
monitoring and reporting requirements
of the Recovery Act. The Board believes
that the administrative cost issues are
more properly addressed to OMB, as the
Board lacks authority to effect changes
in that regard.
A fourth comment letter was
submitted by a university grants office.
A number of the university’s comments
dealt with the frequency and depth of
reporting and would therefore be more
appropriately addressed to OMB or
Congress rather than the Board. The
university did raise the matter of time
burdens, stating that ‘‘[f]or the initial setup, organization and work flow design,
[it] spent in excess of 400 hours for the
initial 162 awards’’ received. (This
comes out to approximately 2.5 hours
spent per award for the initial entry of
each award.) As noted by the
association in its comments referenced
above, the university stated that it had
received more than 100 Recovery
awards. As explained above, the Board
has accordingly revised its estimates to
incorporate the heavier time burden
experienced by entities receiving
numerous awards.
The university also noted that ‘‘[t]here
is a considerable amount of one time
and static information required to be
reported that could be requested once.
This information could then be used to
automatically populate the actual award
spreadsheet.’’ This suggestion is a good
one, and, as explained, the Board has
implemented such a solution with the
copy-forward feature added to
FederalReporting.gov.
SUPPLEMENTARY INFORMATION:

Title of Collection: Section 1512 Data
Elements—Federal Financial
Assistance.
OMB Control No.: 0430–0004.
Description: The American Recovery
and Reinvestment Act of 2009 (Pub. L.
111–5, 123 Stat. 115 (2009)) (Recovery
Act) established the Board and required
that the Board establish and maintain a
public-facing Web site to track covered
funds. Section 1512 of the Recovery Act
requires recipients of Federal financial
assistance—namely, grants, cooperative
agreements, contracts and loans—to
report on the use of funds. These reports
are to be submitted to
FederalReporting.gov, and certain
information from these reports will later
be posted on the public-facing Web site
Recovery.gov. More specifically, prime
recipients, sub-recipients, and vendors
who receive Recovery Act funds are
required to submit section 1512 data

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Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Notices
6. Recipient DUNS Number
elements as set forth in the Recipient
7. Parent DUNS (derived from CCR)
Reporting Data Dictionary (available
8. Recipient Type (derived from CCR)
electronically at https://
9. CFDA Number
www.federalreporting.gov/
10. Government Contracting Office
federalreporting/downloads.do). On
Code
June 22, 2009, OMB issued the
11.. Recipient Congressional District
following reporting guidance in its
12. Recipient Account Number
‘‘Implementing Guidance for the Reports
13. Final Report (not FFATA)
on Use of Funds Pursuant to the
14. Award Type
American Recovery and Reinvestment
15. Award Date
Act of 2009’’ (M–09–21):
16. Award Description
Prime Recipients: The prime recipient
17. Project Name or Project/Program
is ultimately responsible for the
Title
reporting of all data required by section
18. Quarterly Activities/Project
1512 of the Recovery Act and the OMB
19. Project Status
Guidance, including the Federal
20. Activity Code (NAICS) or NTEE–
Funding Accountability and
NPC)
Transparency Act (FFATA) data
21. Number of Jobs
elements for the sub-recipients of the
22. Descriptions of Jobs Created/
prime recipient required under section
Retained
1512(c)(4). In addition, the prime
23. Amount of Award
recipient must report three additional
24. Total Federal Amount ARRA
data elements associated with any
Funds Received/Invoiced
vendors receiving funds from the prime
25. Total Federal Amount of ARRA
recipient for any payments greater than
Expenditure
$25,000. Specifically, the prime
26. Total Federal ARRA Infrastructure
recipient must report the identity of the
Expenditure
vendor by reporting the DUNS number,
27. Infrastructure Purpose and
the amount of the payment, and a
Rationale
description of what was obtained in
28. Infrastructure Contact Information
exchange for the payment. If the vendor
29. Recipient Primary Place of
does not have a DUNS number, then the
Performance
name and zip code of the vendor’s
30. Recipient Officer Names and
headquarters will be used for
Compensation (if applicable)
identification.
31. Total Number of Sub-Awards to
Sub-Recipients of the Prime Recipient:
Individuals
The sub-recipients of the prime
32. Total Amount of Sub-Awards to
recipient may be required by the prime
Individuals
recipient to report the FFATA data
33. Total Number of Payments to
elements required under section
Vendors Less Than $25,000/Award
1512(c)(4) for payments from the prime
34. Total Amount of Payments to
recipient to the sub-recipient. The
Vendors Less Than $25,000/Award
reporting sub-recipients must also
35. Total Number of Sub-Awards Less
report one data element associated with
Than $25,000/Award
any vendors receiving funds from that
36. Total Amount of Sub-Awards Less
sub-recipient. Specifically, the subThan $25,000/Award
recipient must report, for any payments
greater than $25,000, the identity of the
Sub-Recipient
vendor by reporting the DUNS number,
1. Sub-Recipient DUNS
if available, or otherwise the name and
2. Sub-Award Number
zip code of the vendor’s headquarters.
3. Sub-Recipient Name and Address
Required Data: The specific data
(derived from CCR)
elements to be reported by prime
4. Sub-Recipient Congressional District
recipients and sub-recipients are
5. Amount of Subward
included in the Recipient Reporting
6. Total Subaward Funds Disbursed
Data Dictionary. Below are the basic
7. Sub-Award Date
reporting requirements to be reported on
8. Sub-Recipient Place of Performance
prime recipients, recipient vendors, sub9. Sub-Recipient Officer Names and
recipients, and sub-recipient vendors.
Compensation (if applicable)
Where noted, the information is not
entered by the recipient but rather is
Vendor
derived from another source:
1. Award Number—Prime Recipient
Prime Recipient
Vendor
2. Subaward Number—Sub-Recipient
1.. Funding Agency Code
Vendor
2. Awarding Agency Code
3. Vendor DUNS Number
3. Program Source (TAS)
4. Vendor HQ Zip Code + 4
4. Award Number
5. Vendor Name
5. Order Number

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6. Product and Service Description
7. Payment Amount
Affected Public: Recipients, as
defined in section 1512(b)(1) of the
Recovery Act, of Recovery funds
(specifically, Federal financial
assistance).
Total Estimated Number of
Respondents: 80,000.
Frequency of Responses: Quarterly.
Total Estimated Annual Burden
Hours: 2,720,000.
Ivan Flores,
Paralegal Specialist, Recovery Accountability
and Transparency Board.
[FR Doc. 2010–9942 Filed 4–28–10; 8:45 am]
BILLING CODE 6820–GA–P

OFFICE OF SCIENCE AND
TECHNOLOGY POLICY
President’s Council of Advisors on
Science and Technology; Meeting
Notice of Meeting: Partially Closed
Meeting of the President’s Council of
Advisors on Science and Technology.
ACTION: Public Notice.
SUMMARY: This notice sets forth the
schedule and summary agenda for a
partially closed meeting of the
President’s Council of Advisors on
Science and Technology (PCAST), and
describes the functions of the Council.
Notice of this meeting is required under
the Federal Advisory Committee Act
(FACA), 5 U.S.C., App.
DATES: May 21, 2010.
ADDRESSES: The meeting will be held at
the Keck Center of the National
Academies, 500 5th Street, NW., Room
Keck 100, Washington, DC.
Type of Meeting: Open and Closed.
Proposed Schedule and Agenda: The
President’s Council of Advisors on
Science and Technology (PCAST) is
scheduled to meet in open session on
May 21, 2010 from 8:30 a.m.–5 p.m.
with a lunch break from 12:30 p.m. to
1:30 p.m.
Open Portion of Meeting: During this
open meeting, PCAST is tentatively
scheduled to hear presentations from
the director of the Advanced Research
Projects Agency-Energy (ARPA–E), the
Under Secretary of Commerce for
Oceans and Atmosphere and
administrator of the National Oceanic
and Atmospheric Administration
(NOAA), and the director of the U.S.
Geological Survey (USGS). The ARPA–
E director will focus his remarks on the
energy innovation, and the NOAA
Administrator and USGS Director on
biodiversity issues. PCAST members
will also discuss reports they are

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