Supporting Statement for OMB Collection 1660-0068 OCC, Clean

April 17, 2018

Supporting Statement for

Paperwork Reduction Act Submissions

OMB Control Number: 1660 - 0068

Title: Federal Hotel and Motel Fire Safety Declaration Form

Form Number(s): FEMA Form 516-0-1

General Instructions

A Supporting Statement, including the text of the notice to the public required by 5 CFR 1320.5(a)(i)(iv) and its actual or estimated date of publication in the Federal Register, must accompany each request for approval of a collection of information. The Supporting Statement must be prepared in the format described below, and must contain the information specified in Section A below. If an item is not applicable, provide a brief explanation. When Item 17 or the OMB Form 83-I is checked “Yes”, Section B of the Supporting Statement must be completed. OMB reserves the right to require the submission of additional information with respect to any request for approval.

Specific Instructions

A. Justification

1. Explain the circumstances that make the collection of information necessary.

Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information. Provide a detailed description of the nature and source of the information to be collected.

Public Law 101-391, Hotel and Motel Fire Safety Act of 1990, requires the U.S. Fire Administration (USFA)¹ to establish and maintain a National Master List (NML) of hotels, motels, and similar places of public accommodation. For statutory reference to this requirement see Title 15 U.S.C. § 2224(b).

The purpose of collecting the information and compiling it into a list is to identify lodging establishments that offer travelers, including Federal employees on government business, a level of life-safety from fire. The collection information is public and available through the USFA website. The nature of the information collected is that it is voluntary, consists only of basic identifying information related to the business, and a declaration that every guestroom has a hard-wired, single-station smoke alarm, as well as the existence of an automatic fire sprinkler system if there are four or more stories.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection. Provide a detailed description of: how the information will be shared, if applicable, and for what programmatic purpose.

The Federal Hotel and Motel Fire Safety Declaration Form, FEMA Form 516-0-1, is used to collect basic information on life-safety systems related directly to fire-safety in hotels, motels, and similar places of accommodation applying for inclusion on the NML. In completing the form, applicants—property owners, lodging managers, or their delegates—provide basic information including identification of the owner(s) of the property, the business’s Employer Identification Number (EIN), and provisions for life-safety from fire.

The form requests specific responses from applicants as to the installation of smoke alarms in all guestrooms of properties submitted for listing on the NML. In addition, applicants must indicate if the lodging establishment has an automatic fire sprinkler system where the building is four stories or higher. Once approved for the NML, the database record for each lodging establishment is assigned a unique identification number (FEMA ID).

The information is collected and distributed through an on-line, electronic database accessed through the USFA website. Information submitted voluntarily by lodging establishments is reviewed and if the criteria meet the Hotel and Motel Fire Safety Act requirements, they are given a FEMA ID number and listed in the NML database. Federal travelers and the public seeking public accommodation with provisions for life-safety from fire access the NML through the on-line database and identify lodging establishments in the area to which they are traveling.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

The prevailing trend has been and continues to be away from the use of paper form and toward the on-line submission and retrieval of the NML information collected by applicants and users. The number of forms submitted by mail, email, or facsimile has steadily declined and now averages 20 per year. The number submitted through an online form has increased.

Submitting on-line requires a computer and an Internet connection. Completing and submitting the application form on-line takes less time for final approval and issuance of a FEMA ID number. The USFA Hotel-Motel webpage https://apps.usfa.fema.gov/hotel/ has a link that leads to the form https://apps.usfa.fema.gov/hotel/main/register, and where applicants may login and enter the required information for requesting or updating a listing on the NML. The information provided on-line is the same information as requested on FEMA Form 516-0-1. In submitting the completed form, the applicant declares under penalty of law that the information presented is not false or fraudulent.

Information submitted is reviewed and if the criteria of Public Law 101-391 are met, the property is listed on the NML. The NML is a web-based relational database allowing instant updating as information is added, edited or deleted. This is the most cost-effective method of making the information current and accessible to any traveler seeking guest accommodation in a property offering basic life-safety protection from fire.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above. 

This information is not collected in any form, and therefore, is not duplicated elsewhere.

5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to minimize.

This information collection does not have an impact on small businesses or other small entities.

6. Describe the consequence to Federal/FEMA program or policy activities if the collection of information is not conducted, or is conducted less frequently as well as any technical or legal obstacles to reducing burden.

Without this collection there would be an undue burden on a traveler seeking guest accommodations that meet the requirements of the law. Public Law 101-391 requires this list be created and maintained. Initially, the list was published annually in the Federal Register. With the advent of web-based data collection and public access, the NML is updated on a daily basis.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

1. Requiring respondents to report information to the agency more often than quarterly.

 (b) Requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it.

3. Requiring respondents to submit more than an original and two

copies of any document.

3. Requiring respondents to retain records, other than health,

medical, government contract, grant-in-aid, or tax records for more than three years.

3. In connection with a statistical survey, that is not designed to

produce valid and reliable results that can be generalized to the universe of study.

 (f) Requiring the use of a statistical data classification that has not

been reviewed and approved by OMB.

 (g) That includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use.

 (h) Requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information’s confidentiality to the extent permitted by law.

This information collection is conducted in a manner consistent with the guidelines in 5 CFR 1320.5(d)(2).

8. Federal Register Notice: 

 a. Provide a copy and identify the date and page number of publication in the Federal Register of the agency’s notice soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

A 60-day Federal Register Notice inviting public comments was published on December 1, 2017, 82 FR 56983. FEMA received 15 anonymous public comments that were not relevant to the information collection.

A 30-day Federal Register Notice inviting public comments was published on April 5, 2018, 83 FR 14645. No comments were received. See attached copy of the published notice included in this package.

 b. Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

The USFA consulted with representatives from 21 states and U.S. territories as well as Property Managers to obtain their reviews on the Federal Hotel and Motel Fire Safety Declaration Form collection.  This year’s consultation included representatives from the State Fire Marshal’s Offices in Colorado, Florida, Illinois, Guam as well as 17 others.  In addition, daily contact is made with Property Managers to update records on the National Master List.  No comments were received on the Federal Hotel and Motel Fire Safety Declaration Form.

c. Describe consultations with representatives of those from whom information is to be obtained or those who must compile records. Consultation should occur at least once every three years, even if the collection of information activities is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

The USFA consults with representatives from the States and U.S. territories at least once a year or more as needed. The Property Managers consult USFA daily as records need to be updated. No comments were received on the Federal Hotel and Motel Fire Safety Declaration Form.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

FEMA does not provide payments or gifts to respondents in exchange for a benefit sought.

10. Describe any assurance of confidentiality provided to respondents. Present the basis for the assurance in statute, regulation, or agency policy.

A Privacy Threshold Analysis (PTA) was adjudicated by DHS on September 26, 2017. The DHS Privacy Office found that this is a privacy sensitive form because it collects PII from members of the public. A PIA is required because the form collects PII from members of the public, however a SORN is not required because information submitted on the form is retrieved by a non-personal identifier (by property name or city/state). The DHS/ALL/PIA-006 General Contact Lists PIA provides adequate coverage and describes this form as one of the qualifying.

Participation in the Hotel and Motel Fire Safety Program is voluntary. The information is business-related (hotel or motel entity) and does not involve an individual’s personal identifiable information. It does, however, require the Employer Identification Number (EIN) of the business applying to the National Master List. Participants are aware of the voluntary nature of registration and the intended publication of limited (non-critical or non-essential) information on the USFA website of the information contained in the NML. There are no assurances of confidentiality provided to the respondents for this information collections.

11. Provide additional justification for any question of a sensitive nature (such as sexual behavior and attitudes, religious beliefs and other matters that are commonly considered private). This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

There are no questions of sensitive nature.

 12. Provide estimates of the hour burden of the collection of information. The statement should:

 a. Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated for each collection instrument (separately list each instrument and describe information as requested). Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desired. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

It is estimated that 1,309 lodging managers (Business or other For-Profit) will complete one (1) FEMA Form 516-0-1 per each lodging establishment they seek to register and that the average burden per response will be 15 minutes (0.25 hours), for a total of 327 burden hours.

It is estimated that 21 state fire inspectors will review an average of 28 responses from hotels and motels, and that the total time per response will be 20 minutes (0.333 hours) to review each FEMA Form 516-0-1 for a total of 196 burden hours.

 b. If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

c. Provide an estimate of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. NOTE: The wage-rate category for each respondent must be multiplied by 1.4 and this total should be entered in the cell for “Avg. Hourly Wage Rate”. The cost to the respondents of contracting out or paying outside parties for information collection activities should not be included here. Instead this cost should be included in Item 13.

Estimated Annualized Burden Hours and Costs
Type of Respondent	Form Name / Form Number	No. of Respon-dents	No. of Respon-ses per Respon-dent	Total No. of Responses	Avg. Burden per Response (in hours)	Total Annual Burden (in hours)	Avg. Hourly Wage Rate	Total Annual Respondent Cost
Business or other For-Profit	Federal Hotel and Motel Fire Safety Declaration Form / FEMA Form 516-0-1	1,309	1	1,309	0.25 (15 mins.)	327	$41.70	$13,635.90
State, local or Tribal Government	Review of FEMA Form 516-0-1	21	28	588	0.333 (20 mins.)	196	$43.27	$8,480.92
Total		1,330		1,897		523		$22,116.82

Note: The “Avg. Hourly Wage Rate” for each respondent includes a 1.46 multiplier to reflect a fully-loaded wage rate.

Using the U.S. Department of Labor, Bureau of Labor Statistics website (www.bls.gov) May, 2016 Occupational Employment and Wages report the average hourly wage rate for Lodging Managers (SOC Code 11-9081) is estimated to be $28.56 per hour. The hourly rate of $28.56 was multiplied by the 1.46 Wage-rate multiplier resulting in a $41.70 per hourly rate. The burden on Lodging Managers is therefore estimated to be $13,635.90 annually.

Using the U.S. Department of Labor, Bureau of Labor Statistics website (www.bls.gov) May, 2016 Occupational Employment and Wages report the average hourly wage rate for Fire Inspectors and Investigators (SOC Code 33-2021) is estimated to be $29.64 per hour. The hourly rate of $28.56 was multiplied by the 1.46 Wage-rate multiplier resulting in a $43.27 per hourly rate. The estimated burden hour cost to Fire Inspectors and Investigators is estimated to be $8,480.92 annually.

The total estimated burden hour cost to respondents is estimated to be $22,116.82 annually.

13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. (Do not include the cost of any hour burden shown in Items 12 and 14.)

The cost estimates should be split into two components:

a. Operation and Maintenance and purchase of services component. These estimates should take into account cost associated with generating, maintaining, and disclosing or providing information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred.

b. Capital and Start-up-Cost should include, among other items, preparations for collecting information such as purchasing computers and software, monitoring sampling, drilling and testing equipment, and record storage facilities.

There are no record keeping, capital, start-up or maintenance costs associated with this information collection.

14. Provide estimates of annualized cost to the federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing and support staff), and any other expense that would have been incurred without this collection of information. You may also aggregate cost estimates for Items 12, 13, and 14 in a single table.

Item	Costs
Contract Costs	$ -
Staff Salaries* [ 1 of GS 11, step 6 employee in Washington DC spending approximately 60% of time annually for data collection] [$77,593x 60% x 1.46 = $67,971]	$ 67,971.47
Facilities [cost for renting, overhead, ect. for data collection activity]
Computer Hardware and Software [cost of equipment annual lifecycle]
Equipment Maintenance [cost of annual maintenance/service agreements for equipment]
Travel
Total	$ 67,971.47

* Note: The “Salary Rate” includes a 1.46 multiplier to reflect a fully-loaded wage rate. Salary is from the 2017 OPM Pay Schedule for DC-Baltimore-Arlington, https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2017/DCB.pdf

 15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the OMB Form 83-I in a narrative form. Present the itemized changes in hour burden and cost burden according to program changes or adjustments in Table 5. Denote a program increase as a positive number, and a program decrease as a negative number.

A "Program increase" is an additional burden resulting from an federal government regulatory action or directive. (e.g., an increase in sample size or coverage, amount of information, reporting frequency, or expanded use of an existing form). This also includes previously in-use and unapproved information collections discovered during the ICB process, or during the fiscal year, which will be in use during the next fiscal year.

A "Program decrease", is a reduction in burden because of: (1) the discontinuation of an information collection; or (2) a change in an existing information collection by a Federal agency (e.g., the use of sampling (or smaller samples), a decrease in the amount of information requested (fewer questions), or a decrease in reporting frequency).

"Adjustment" denotes a change in burden hours due to factors over which the government has no control, such as population growth, or in factors which do not affect what information the government collects or changes in the methods used to estimate burden or correction of errors in burden estimates.

Itemized Changes in Annual Burden Hours
Data collection Activity/Instrument	Program Change (hours currently on OMB Inventory)	Program Change (New)	Difference	Adjustment (hours currently on OMB Inventory)	Adjustment (New)	Difference
FEMA Form 516-0-1				696	523	-173
Total(s)				696	523	-173

Explain:

There are no changes to the information being collected. However, the burden hours have decreased based on the estimated number of respondents and responses from the last OMB submission.  The current annual hour burden is 696 hours, the new hours burden is 523 for a decrease of 173 annual hour burden.

Itemized Changes in Annual Cost Burden

Explain:

There is no cost burden for this collection.

16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

There are no outline plans for tabulation and publication of data for this information collection.

17. If seeking approval not to display the expiration date for OMB approval of the information collection, explain reasons that display would be inappropriate.

This collection does not seek approval to not display the expiration date for OMB approval.

18. Explain each exception to the certification statement identified in Item 19 “Certification for Paperwork Reduction Act Submissions,” of OMB Form 83-I.

 FEMA does not request an exception to the certification of this information collection.

B. Collections of Information Employing Statistical Methods.

There is no statistical methodology involved in this collection.

1 The USFA is a Directorate under FEMA and the Department of Homeland Security.

7