30 Day Federal Registry Notice 89-204

2024-24384.pdf

Disability Qualification Determination

30 Day Federal Registry Notice 89-204

OMB: 3037-0012

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84338

Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices

to best implement NTIS’s joint venture
authority.
b. Provide advice on the means,
including infrastructure and process
improvements, to make Federal data
easier to find, access, use, analyze, and
combine.
c. Assess progress in evolving NTIS
programs toward a focus on Federal data
priorities.
d. Assess the use of merit-based
criteria and processes to plan, conduct,
and oversee programs and projects,
including the selection of joint venture
partners.
e. Assess policies in connection with
fees and charges for NTIS services in
order for the agency to operate on a
substantially self-sustaining basis, as
required by law.
f. Assess organizational capabilities
required to carry out NTIS’s mission,
including capabilities in data science
and for operational management of its
project portfolio.

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Membership
1. The NTIS Advisory Board shall be
composed of a Chairperson appointed
by the Secretary and four other members
appointed by the Secretary. In the event
of a vacancy in the Chairperson
position, the NTIS Director may
designate a member to serve as acting
Chairperson until a Chairperson is
appointed by the Secretary.
2. Members shall be selected solely on
the basis of established records of
distinguished service and objectivity;
shall have recognized expertise in data
collection, compilation, analysis, use,
and dissemination, as well as data
science, information technology,
cybersecurity, and privacy. Members
will be selected from the business,
academic, non-profit, and state and
local government communities.
Reasonable efforts will be made
toensure members represent the entire
spectrum of Federal data interests
including demographic, economic,
trade, health, scientific, patent,
environmental, geospatial,
cybersecurity, and transactional data.
No Federal Government employee shall
serve as a member of the Board.
3. The term of office of each member
of the Board shall be three years, except
that vacancy appointments shall be for
the remainder of the unexpired term of
the vacancy. All appointments shall
automatically terminate if the charter is
terminated or not renewed. All members
serve at the pleasure of the Secretary.
4. Any person who has completed two
consecutive full terms of service on the
Board shall be ineligible for
appointment for a third term during the

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one-year period following the expiration
of the second term.
5. Members shall serve as Special
Government Employees (SGEs) and will
be subject to all ethical standards and
rules applicable to SGEs.
Miscellaneous
1. Members of the Committee will not
be paid for their services, but will, upon
request, be allowed travel and per diem
expenses in accordance with 5 U.S.C.
5701 et seq., while attending meetings
of the Committee or of its
subcommittees, or while otherwise
performing duties at the request of the
chairperson, while away from their
homes or a regular place of business.
2. The Board shall meet at the call of
the Secretary or the Secretary’s
designee, but not less often than once
every six months.
3. NTIS may establish such
subcommittees of its members as may be
necessary, pursuant to the provisions of
FACA, the FACA implementing
regulations, and applicable Department
of Commerce guidance. Subcommittees
will report to the NTIS Advisory Board
and may not provide advice or work
products directly to the Department of
Commerce or NTIS.
4. Recordkeeping. Records of the
NTIS Advisory Board, any formally and
informally established subcommittees,
or other subgroups of the Board, shall be
handled in accordance with General
Records Schedule 6.2 or other approved
agency records disposition schedule.
These records shall be available for
public inspection and copying, subject
to the Freedom of Information Act (5
U.S.C. 552).
Nomination Information
1. NTIS seeks nominations of
practitioners with recognized expertise
in data collection, compilation, analysis,
use, and dissemination, as well as data
science, information technology,
cybersecurity, and privacy.
2. Members will be selected from the
business, academic, non-profit, and
state and local government
communities.
3. Reasonable efforts will be made to
ensure members represent the entire
spectrum of Federal data interests
including demographic, economic,trade,
health, scientific, patent, environmental,
geospatial, cybersecurity, and
transactional data. Collectively, their
knowledge will include all types of data
the Federal Government collects,
compiles, analyzes, uses, and
disseminates.
4. Nominees should have established
records of distinguished service. The
field of expertise in which the candidate

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is qualified should be specified in the
nomination letter. Nominations for a
particular field should come from
organizations or individuals within that
field. A summary of the candidate’s
qualifications should be included with
the nomination, including (where
applicable) current or former service on
federal advisory boards and federal
employment. In addition, each
nomination letter should state that the
person agrees to the nomination,
acknowledges the responsibilities of
serving on the board, and will actively
participate in good faith in the tasks of
the NTIS Advisory Board.
5. The Department of Commerce is
committed to equal opportunity in the
workplace and seeks a broad-based and
diverse NTIS Advisory Board
membership.
Rosio Harris,
Chief of Staff, National Technical Information
Service.
[FR Doc. 2024–24439 Filed 10–21–24; 8:45 am]
BILLING CODE 3510–04–P

COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Agency Information Collection
Activities; Proposals, Submissions,
and Approvals
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Notice of information collection;
request for comment.
AGENCY:

The Committee for Purchase
From People Who Are Blind or Severely
Disabled operates as the U.S. AbilityOne
Commission (Commission). This notice
announces the Commission’s intent to
submit the Information Collection
Request (‘‘ICR’’) described below to the
Office of Management and Budget
(OMB) for approval under applicable
provisions of the Paperwork Reduction
Act. This notice provides an
opportunity to interested members of
the public and affected agencies to
comment on a proposed form,
previously titled Participating Employee
Eligibility form, and now renamed
Disability Qualification Determination.
DATES: Submit comments on or before
November 16, 2024.
ADDRESSES: Submit comments to
[email protected].
FOR FURTHER INFORMATION CONTACT:
Christopher Stewart, Compliance and
Enforcement Attorney, Office of General
Counsel, U.S. AbilityOne Commission,
355 E Street SW, Suite 325, Washington,
SUMMARY:

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Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices
DC 20024; telephone: (703) 254–6172;
email: [email protected]. If you
are deaf, hard of hearing, or have a
speech disability and wish to access
telecommunications relay services,
please dial 7–1–1.
SUPPLEMENTARY INFORMATION:
Overview of ICR: This notice pertains
to an ICR the Commission intends to
submit to OMB to approve the form that
an AbilityOne-participating nonprofit
agency employer will fill out to
document its determination of an
individual’s eligibility to be a qualified
direct labor employee for purposes of
meeting the statutory requirements of
the Javits-Wagner-O’Day (JWOD) Act, 41
U.S.C. 8501–8506. The form is an
updated and modified version of the
Commission’s Individual Eligibility
Evaluation (IEE) form (OMB Control
#3037–0012). The purpose of the IEE
was to determine and document an
individual’s disability eligibility by
identifying the individual’s barriers to
employment as well as the job supports
the individual needs to perform their
job.
This ICR is consistent with OMB
regulations at 5 CFR part 1320, which
implement provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) These regulations require the
Commission to provide an opportunity
to interested members of the public and
affected agencies to comment on
information collection and
recordkeeping activities (see 5 CFR
1320.8(d)) such as those proposed to be
implemented through this form.
The Commission is responsible for
implementing the JWOD Act. In doing
so, the Commission oversees the
AbilityOne Program, an employment
program in which individuals who are
blind or have significant disabilities
provide products and services to
Federal agencies, thereby creating
employment opportunities for such
individuals. The Commission maintains
a Procurement List of mandatory source
products and services provided by
approximately 400 qualified nonprofit
agencies (NPAs). In order to qualify for
the Program, an NPA must show that
75% of all direct labor hours are
performed by individuals who are blind
or significantly disabled, regardless of
whether the hours relate to work done
on AbilityOne contracts or work done
on other contracts held by the NPA.
Effective program stewardship requires
collection of information to ensure that
NPAs are only counting the hours of
individuals with qualifying disabilities
toward their 75% statutory minimum.
The proposed data collection form in
this ICR is consistent with the

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Commission’s responsibilities and
ensures that the Commission will
collect the most pertinent data to inform
its oversight and decision making.
A version of the Disability
Qualification Determination form is
available at www.abilityone.gov.
The form described in this ICR is the
first of two forms intended to modernize
the existing IEE form and align it with
the Commission’s strategic plan and
updated approach to determining
qualifying disability eligibility. A draft
version of this form accompanies this
notice. The Commission has outlined
the criteria for such eligibility in its
revised Policy 51.403.
As outlined in Policy 51.403, and
reflected in the proposed form, a
significant change in the Commission’s
approach to determining qualifying
disability eligibility is the Commission’s
acceptance of other governmental
agency determinations of disability. For
example, individuals deemed eligible
for Social Security disability benefits are
now automatically deemed as having a
qualifying disability for purposes of
meeting the statutory direct labor hour
ratio. This ICR will establish a form that
enables NPAs to certify that an
individual has a determination of
disability from a governmental agency,
and in so doing, streamlines the process
of establishing a qualifying disability.
The Commission published a sixtyday notice for this ICR on November 17,
2023. The Commission received eleven
comments from various stakeholders in
response to the notice. Comments were
received from NPAs, CNAs and other
stakeholders. The comments requested
instructions for the form, instructions
for each individual section, and
definitions for various terms to be made
clearer. Some commenters requested
that changes be made to the various
supports and accommodations listed in
the form. Additionally, some
commenters expressed concerns
regarding potential confusion caused by
introducing a new approach and/or
system and how that might work with
legacy disability documentation or
determinations.
Further, commenters expressed
concern that the form did not
necessarily permit a reviewer to discern
how a significantly disabled individual
is precluded from engaging in ‘‘normal
competitive employment,’’ as required
by the JWOD Act. While commenters
recognized that this requirement is
generally out of line with the current
understanding of the ability of people
with significant disabilities to achieve
employment, the Commission has a
duty to fulfill its responsibilities to
administer the JWOD Act. For that

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reason, the Commission has concluded
that a determination of eligibility for
Social Security benefits or for eligibility
for Medicaid based on a disability is
sufficient to meet the requirements of
the statute. In contrast, the Commission
has concluded that a determination of
the extent of an individual’s
disability(ies), and the impact of the
disability(ies) on the individual’s ability
to work, is necessary to meet the
statutory requirement if the certification
of disability derives from other sources,
governmental or otherwise.
To that end, the Commission has
added a narrative section to the form. By
requiring that the reason that an
individual needs a significant job
support, as well as the extent the
individual needs the support, is
articulated on the form, an official
reviewing the form will be able to reach
a conclusion as to the qualifying nature
of the individual’s disability.
Comments were received from one of
the CNAs pointing out that the initial
number of individuals for whom this
form will need to be filled out was
understated in the sixty-day notice. The
Commission revised that number to
reflect the total number of blind or
significantly disabled individuals
performing direct labor across all
qualified NPAs. The Commission used
data from fiscal year 2023 for this
calculation, as reflected in the updated
burden analysis below.
Many commenters praised the
Commission’s move toward a
streamlined process for establishing
disability eligibility. Furthermore,
commenters noted that the
Commission’s implementation of
presumptive disability qualification is
responsive to recommendations made
by the panel established by Section 898
of the National Defense Authorization
Act for fiscal year 2017, Public Law
114–328, more often referred to as ‘‘the
898 Panel.’’ A draft version of the form
NPAs will complete accompanies this
notice. The final form will be electronic.
For individuals who meet the
eligibility requirements under either
Part A or Part B of the proposed form,
the Commission estimates that
completing the form will take
approximately 5 minutes. For
individuals who meet the eligibility
requirements under Part C or Part D of
the proposed form, the Commission
estimates that completing the form will
take approximately 30 minutes. NPAs
completing Part C or Part D of the form
will need to complete Part E, as well,
which is included in the estimated 30
minutes.
In accordance with these and other
changes reflected in Policy 51.403, the

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Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices

Commission estimates that the time and
financial burden to the NPAs in
completing the proposed form will be
significantly lower than required by the
corresponding sections of the existing
IEE form. Over time, this form will
further substantially reduce the burden
on NPAs because, in most cases, it will
be filled out only once per employee—
i.e., when an employee is onboarded—
and not on an annual basis as required
by the existing IEE form. For employees
with a non-permanent disability, the
form will be completed on a recurring,
seven-year basis. The Commission
estimates that approximately 10% of

employees with qualifying disabilities
will have non-permanent disabilities.
To calculate the burden for
completion of the proposed form, the
Commission considered an estimate
from the Society for Human Resource
Management that the average annual
turnover across all industries is
approximately 18 percent. Using this
number, the Commission estimated that
NPAs may need to complete this form
for approximately 18 percent of their
total employees each year. However,
AbilityOne employers may experience
lower turnover than employers in the
general economy. The Commission

Number of employees for whom NPA must complete form

Annual
turnover/entry
rate of 18%

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62,798 (Year 1) ....................................................................
11,304 (Years 2+) ................................................................

NPAs can calculate their overall time
burden (in hours) by multiplying the
number of qualified direct labor
employees they have by 0.5. The cost
burden is based upon national average
pay data from the U.S. Bureau of Labor
Statistics, using the May 2022 National
Occupational Employment and Wage
Estimate of $30.88 as the median hourly
wage for a Human Resources Specialist
(OC 13–1070). (https://www.bls.gov/oes/
current/oes_nat.htm#11-0000).
With respect to this collection of
information via the proposed form, the
Commission welcomes comments on
the following:
1. The necessity to collect this
information to support the
Commission’s mission and oversight
responsibilities;
2. Methodology to improve the
accuracy of the estimated time burden;
i.e., specific year-over-year employee
turnover rates for NPAs or number of
additional employee hires above
turnovers, expressed as a percentage of
the NPAs’ total number of qualified
direct labor employees;
3. Methodology to determine the
percentage of individuals with
qualifying disabilities who will have
non-permanent disabilities;
4. Suggestions or methods to
minimize the burdens associated with
collecting the information described in
this ICR.

Maximum
responses
for this
form

11,304
2,035

COMMODITY FUTURES TRADING
COMMISSION
Sunshine Act Meetings; Correction
Commodity Futures Trading
Commission.
ACTION: Notice; correction.
AGENCY:

The Commodity Futures
Trading Commission (Commission) is
correcting a notice published in the
Federal Register on October 18, 2024.
The document noticing a closed meeting
for consideration of enforcement matters
contained an incorrect date.
FOR FURTHER INFORMATION CONTACT:
Christopher Kirkpatrick, 202–418–5964.
SUPPLEMENTARY INFORMATION:
SUMMARY:

Correction
In the Federal Register of Friday,
October 18, 2024, in FR Doc. 2024–
24314, on page 83842 in the second
column correct the TIME AND DATE
caption to read:
TIME AND DATE: 9 a.m. EDT, Friday,
October 25, 2024.
Dated: October 18, 2024.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2024–24541 Filed 10–18–24; 4:15 pm]
BILLING CODE 6351–01–P

DEFENSE NUCLEAR FACILITIES
SAFETY BOARD
Senior Executive Service Performance
Review Board

[FR Doc. 2024–24384 Filed 10–21–24; 8:45 am]

AGENCY:

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Defense Nuclear Facilities
Safety Board.

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Annual form
burden
(hours/employee)

74,102
13,339

Michael R. Jurkowski,
Director, Business Operations.
BILLING CODE 6353–01–P

acknowledges that net AbilityOne job
growth may result in NPAs completing
additional forms for new employees.
The table below shows the
Commission’s estimate for the average
amount of time per employee for whom
the NPAs complete a form, both in the
first year of implementation (‘‘Year 1’’)
and in the following years of
implementation (‘‘Years 2+’’). The
Commission recognizes that NPAs vary
widely in total number of employees.
Therefore, an NPA can apply this
analysis based on their individual
employment totals.

0.5
0.5

Total time
burden
for all
employees
(hours)
37,051
6,669.5

Annual
form cost
burden
(dollars)
1,144,134.9
205,954.2

Notice of Members of Senior
Executive Service Performance Review
Board.

ACTION:

This notice announces the
membership of the Defense Nuclear
Facilities Safety Board (DNFSB) Senior
Executive Service (SES) Performance
Review Board (PRB).
DATES: These appointments are effective
on November 14, 2024.
ADDRESSES: Send comments concerning
this notice to: Defense Nuclear Facilities
Safety Board, 625 Indiana Avenue NW,
Suite 700, Washington, DC 20004–2001.
FOR FURTHER INFORMATION CONTACT:
LeMont Neal by telephone at (202) 826–
9667, or by email at LemontN@
dnfsb.gov.
SUPPLEMENTARY INFORMATION: 5 U.S.C.
4314(c)(1) through (5) requires each
agency to establish, in accordance with
regulations prescribed by the Office of
Personnel Management, one or more
performance review boards. The PRB
shall review and evaluate the initial
summary rating of the senior executives’
performance, the executives’ responses,
and the higher-level officials’ comments
on the initial summary rating. In
addition, the PRB will recommend
executive performance bonuses and pay
increases. The DNFSB is a small,
independent Federal agency; therefore,
the members of the DNFSB SES
Performance Review Board listed in this
notice are drawn from the SES ranks of
other agencies. The following persons
comprise a standing roster to serve as
members of the Defense Nuclear
Facilities Safety Board SES Performance
Review Board:
SUMMARY:

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