[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Notices]
[Pages 67112-67115]
[FR Doc No: 2021-25634]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0014]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 11 individuals
for an exemption from the vision requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions will
enable these individuals to operate CMVs in interstate commerce without
meeting the vision requirement in one eye.

DATES: Comments must be received on or before December 27, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2021-0014 using any of the
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2021-0014, in the keyword box, and
click ``Search.'' Next, sort the results by ``Posted (Newer-Older),''
choose the first notice listed, and click on the ``Comment'' button.
Follow the online instructions for submitting comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200

New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are 8:30 a.m. to 5 p.m., ET, Monday through Friday,
except Federal holidays. If you have questions regarding viewing or
submitting material to the docket, contact Dockets Operations, (202)
366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2021-0014), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov/docket?D=FMCSA-2021-0014. Next, sort the results by ``Posted (Newer-
Older),'' choose the first notice listed, click the ``Comment'' button,
and type your comment into the text box on the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2021-0014, in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call<PHONE_NUMBER> or
(202) 366-9826 before visiting Dockets Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The 11 individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding vision
found in Sec.  391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of at least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing standard
red, green, and amber.
    On July 16, 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (57 FR 31458). The current Vision Exemption Program was
established in 1998, following the enactment of amendments to the
statutes governing exemptions made by Sec.  4007 of the Transportation
Equity Act for the 21st Century (TEA-21), Public Law 105-178, 112 Stat.
107, 401 (June 9, 1998). Vision exemptions are considered under the
procedures established in 49 CFR part 381 subpart C, on a case-by-case
basis upon application by CMV drivers who do not meet the vision
standards of Sec.  391.41(b)(10).
    To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely in intrastate commerce with the vision
deficiency for the past three years. Recent driving performance is
especially important in evaluating future safety, according to several
research studies designed to correlate past and future driving
performance. Results of these studies support the principle that the
best predictor of future performance by a driver is his/her past record
of crashes and traffic violations. Copies of the studies may be found
at www.regulations.gov/docket?D=FMCSA-1998-3637.
    FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's former
waiver study program clearly demonstrated the driving performance of
experienced monocular drivers in the program is better than that of all
CMV drivers collectively.\1\ The fact that experienced monocular
drivers demonstrated safe driving records in the waiver program
supports a conclusion that other monocular drivers, meeting the same
qualifying conditions as those required by the waiver program, are also
likely to have adapted to their vision deficiency and will continue to
operate safely.
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    \1\ A thorough discussion of this issue may be found in a FHWA
final rule published in the Federal Register on March 26, 1996 and
available on the internet at https://www.govinfo.gov/content/pkg/FR-1996-03-26/pdf/96-7226.pdf.
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    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on

that model, concluded that crash rates for the same individual exposed
to certain risks for two different time periods vary only slightly (See
Bates and Neyman, University of California Publications in Statistics,
April 1952). Other studies demonstrated theories of predicting crash
proneness from crash history coupled with other factors. These
factors--such as age, sex, geographic location, mileage driven and
conviction history--are used every day by insurance companies and motor
vehicle bureaus to predict the probability of an individual
experiencing future crashes (See Weber, Donald C., ``Accident Rate
Potential: An Application of Multiple Regression Analysis of a Poisson
Process,'' Journal of American Statistical Association, June 1971). A
1964 California Driver Record Study prepared by the California
Department of Motor Vehicles concluded that the best overall crash
predictor for both concurrent and nonconcurrent events is the number of
single convictions. This study used 3 consecutive years of data,
comparing the experiences of drivers in the first 2 years with their
experiences in the final year.

III. Qualifications of Applicants

Travis Crosson

    Mr. Crosson, 44, has had a rential detachment in his left eye due
to a traumatic incident in 1996. The visual acuity in his right eye is
20/20, and in his left eye, light perception. Following an examination
in 2021, his optometrist stated, ``It is my medical opinion that Travis
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Crosson reported that he has driven
straight trucks for 15 years, accumulating 144,000 miles, and tractor-
trailer combinations for 18 years, accumulating 388,000 miles. He holds
a Class A CDL from California. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

George M. Hapchuk

    Mr. Hapchuk, 67, has had extropia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
60. Following an examination in 2021, his optometrist stated, ``It is
my impression that Mr. Hapchuk has adequate vision and peripheral
vision to perform the tasks needed to operate a commercial vehicle.''
Mr. Hapchuk reported that he has driven straight trucks for 49 years,
accumulating 1.715 million miles. He holds a Class BM CDL from
Pennsylvania. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Gerald E. Hartman

    Mr. Hartman, 55, has anterior synechiae in his right eye due to a
traumatic incident in 1980. The visual acuity in his right eye is hand
motion, and in his left eye, 20/25. Following an examination in 2021,
his optometrist stated, ``Decreased vision OD is due to long standing
injury (approximately 40 years) and in my opinion should not affect his
ability to safely operate a commercial vehicle.'' Mr. Hartman reported
that he has driven straight trucks for 15 years, accumulating 702,000
miles. He holds an operator's license from Oklahoma. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Derek E. Haynes

    Mr. Haynes, 51, has a prosthesis in his left eye due to a traumatic
incident in 1988. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2021,
his optometrist stated, ``Based on these findings, I feel Derek E.
Haynes has the visual abilities to continue operating a commercial
motor vehicle in interstate commerce because of the loss of vision in
his left eye occurred in 1988 and he has normal vision in his right
eye.'' Mr. Haynes reported that he has driven straight trucks for 17
years, accumulating 1.02 million miles, and tractor-trailer
combinations for 7 years, accumulating 420,000 miles. He holds a Class
A CDL from Iowa. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Dale O. Hoover

    Mr. Hoover, 26, has had a macular retinal detachment in his left
eye since 2016. The visual acuity in his right eye is 20/15, and in his
left eye, 20/400. Following an examination in 2021, his optometrist
stated, ``In my medical opinion, Mr. Hoover has sufficient vision to
perform the driving tasks to operate a commercial vehicle.'' Mr. Hoover
reported that he has driven tractor-trailer combinations for 7 years,
accumulating 350,000 miles. He holds a Class A CDL from Pennsylvania.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Michael R. Jackson

    Mr. Jackson, 56, has corneal scarring in his left eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/20, and in his left eye, 20/400. Following an examination in 2021,
his optometrist stated, ``Mr. Jackson's condition is likely to remain
stable with insignificant change and I believe he has the ability and
sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Jackson reported that he has driven straight
trucks for 3 years, accumulating 300,000 miles. He holds an operator's
license from Oklahoma. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Silvian N. Jones

    Mr. Jones, 51, has complete vision loss in his left eye due to a
traumatic incident in 2016. The visual acuity in his right eye is 20/
25, and in his left eye, no light perception. Following an examination
in 2021, his ophthalmologist stated, ``I, Jeffrey Hart, MD certify that
in my medical opinion Silvian N. Jones has sufficient vision to perform
the driving tasks required to operate a commercial motor vehicle (CWW)
[sic].'' Mr. Jones reported that he has driven tractor-trailer
combinations for 18 years, accumulating 900,000 miles. He holds a Class
A CDL from Nevada. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Mark S. Phillips

    Mr. Phillips, 51, has had macular degeneration in his left eye
related to age since 2017. The visual acuity in his right eye is 20/20,
and in his left eye, 20/60. Following an examination in 2021, his
optometrist stated, ``I certify that in my medical opinion, this
patient has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Phillips reported that he has
driven straight trucks for 16 years, accumulating 464,000 miles, and
tractor-trailer combinations for 6 years, accumulating 540,000 miles.
He holds a Class AM CDL from Illinois. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.

Jessie W. Shearer

    Mr. Shearer, 31, has a cataract in his left eye due to a traumatic
incident in 2008. The visual acuity in his right eye is 20/20, and in
his left eye, 20/70. Following an examination in 2021, his optometrist
stated, ``I, Bryce Peek OD, certify that Jessie Shearer has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Shearer reported that he

has driven straight trucks for 5 years, accumulating 75,000 miles and
tractor-trailer combinations for 5 years, accumulating 90,000 miles. He
holds a Class A CDL license from West Virginia. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Ryan K. Terrill

    Mr. Terrill, 34, has a retinal detachment in his right eye due to a
traumatic incident in 2010. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2021, his optometrist stated, ``In my medical opinion, Ryan Terrill
has sufficient vision to perform the driving tasks required to operate
a commercial motor vehicle.'' Mr. Terrill reported that he has driven
straight trucks for 13 years, accumulating 2,600 miles. He holds an
operator's license from Vermont. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Darrin Wilson

    Mr. Wilson, 55, has amblyopia in his right eye due to degenerative
myopia during childhood. The visual acuity in his right eye is counting
fingers, and in his left eye, 20/20. Following an examination in 2021,
his optometrist stated, ``He demonstrates sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Wilson reported that he has driven straight trucks for 8 years,
accumulating 70,844 miles. He holds a Class B CDL from Washington. His
driving record for the last 3 years shows one crash, which he was not
cited for, and no convictions for moving violations in a CMV.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments and material
received before the close of business on the closing date indicated
under the DATES section of the notice.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-25634 Filed 11-23-21; 8:45 am]
BILLING CODE 4910-EX-P


ICR SUPPORTING STATEMENT OUTLINE
Part A

1. Identification of the Information Collection

1(a) Title of the Information Collection

Confidential Financial Disclosure Form for Environmental Protection Agency Special Government Employees (Renewal); EPA ICR No. 2260.08, OMB Control No. 2090-0029

1(b) Short Characterization/Abstract

The purpose of this information collection request is to assist the United States Environmental Protection Agency (EPA or the Agency) in selecting federal advisory committee members who will be appointed as experts, consultants or as special government employees (SGEs), mostly to EPA's scientific and technical committees and panels. To select SGE members as efficiently and cost effectively as possible, the Agency needs to evaluate potential conflicts of interest before a candidate is hired as an SGE and appointed as a member to a committee or panel.

Agency officials developed the "Confidential Financial Disclosure Form for Environmental Protection Agency Special Government Employees," also referred to as Form 3110-48, for a greater inclusion of information to discover any potential conflicts of interest as recommended by the Government Accountability Office.

2. Need for and use of the Collection

2(a) Need/Authority for the Collection

In June 2001, the Government Accountability Office (GAO) issued a report entitled "EPA's Science Advisory Board Panels  -  Improved Policies and Procedures Needed to Ensure Independence and Balance." GAO recommended that EPA develop policies and procedures that better identify and mitigate potential conflicts of interest and support the development of balanced panels. Recommendations included gathering the required conflict of interest information before a member is selected, specifically:

::	Determine whether each panel will be reviewing a "particular matter" before selecting the panel in order to identify the financial conflict-of-interest requirements, if any, to which the panelists will be subject.

::	Obtain and evaluate relevant background information on peer review panel candidates before appointing panel members. The evaluation should include explicitly discussing with potential panelists: (1) items not adequately reported on the confidential financial disclosure form as well as items reported that could present conflicts of interest; (2) other information relevant to assessing impartiality, such as research conducted and previous public statements or positions on the matter being reviewed, interest of the employer or clients in the matter, participation in legal proceedings, work for chemical companies or other affected industries, and prior or current research grants that could be affected by the matter; and (3) whether they have any potential conflicts of interest related to the specific panel being established. Further, pertinent information obtained from discussions with panelists should be documented."

As part of that effort to respond to GAO's recommendations, EPA developed a new and improved form for its scientific and technical committee's special government employees.

EPA's designated federal officers (DFOs) who manage EPA federal advisory committees experienced great difficulty trying to use the OGE Form 450 to identify actual or potential conflicts of interest of potential candidates for Federal Advisory Committee membership. The OGE Form 450 was confusing for the proposed members and they did not identify all financial interests of possible concern. In response to the GAO's recommendations, EPA developed the Form 3110-48 to ensure that all relevant financial interests are identified and considered during the member selection process. It is important for EPA to have this information collection in place because we continuously need to appoint new SGE members as new advisory committees are created or as members' terms of appointment expire.

The Form 3110-48 is completed by candidates for membership as SGEs on EPA federal advisory committees. The form is completed as part of the member selection process and before they are invited to serve as a member of a federal advisory committee at EPA. The Form 3110-48 is reviewed by the Program Office Deputy Ethics Official (DEO) to determine whether there is a financial conflict of interest between the proposed member's public responsibilities and private interests/activities and whether there is any appearance of a loss of impartiality. In some cases, the alternate designated agency ethics official also reviews the form. As GAO recommended, it is important to collect this information before the potential member is appointed to the federal advisory committee, because if a conflict of interest is identified after the person is appointed, the agency may have to terminate the person's membership and identify another person to serve on the committee. This is potentially embarrassing to both the agency and the appointed member. It is also important to know upfront that a candidate could serve if appointed, as the appointment process is time consuming and, as required by the Federal Advisory Committee Act, the agency must ensure that the advisory committee is balanced in the points of view represented. If a conflict is identified after a person is appointed to an advisory committee as an SGE, additional time is needed to select a replacement and the agency loses valuable time and expertise in receiving the advice it needs. Also important is the fact that finding replacement members creates a burden of additional cost and staff hours. Using the Form 3110-48 benefits EPA by increasing efficiency and saving time and money.

Currently ten of EPA's 22 federal advisory committees appoint members as SGEs and have a need to use the Form 3110-48. This number may increase as new committees are added or decrease as committees are terminated. EPA anticipates averaging approximately 325 SGEs during the next three years.

2(b) Practical Utility/Users of the Data

Information gathered from Form 3110-48 will continuously help EPA to evaluate relevant background information on SGE candidates before appointing members. Using this form enables DFOs to expedite the process of selecting viable candidates for membership on EPA's federal advisory committees.

3. Non duplication, Consultations, and Other Collection Criteria-

3(a) Non duplication

Almost all information requested from respondents under this ICR is personal in nature, and in most cases, is not available from other sources.

3(b) Public Notice Required Prior to ICR submission to OMB

In compliance with the Paperwork Reduction Act of 1995, EPA issued a public notice in the Federal Register on September 8, 2023 (85 FR 68872) and provided a 60-day comment period. No significantly relevant comments were received.
3(c) Consultations

In accordance with OMB's terms of clearance on the previous approval of this ICR, EPA has reviewed the actual number of SGE confidential disclosure forms received over the last three years and consulted with various agency staff to determine trends in expected committee membership over the next three years. While committee membership can vary year to year, EPA anticipates that the number of SGEs completing the form during the period of this ICR will average 325 per year.

The below respondents were contacted for feedback on this ICR. They confirmed that, on average, it takes approximately an hour to fill out the form.

(3(d) Effects of Less Frequent Collection

The form is required to be updated once a year. The form allows government officials to determine whether there is a statutory conflict between Special Government Employees' public responsibilities and private interests and activities, or the appearance of a loss of impartiality, as defined by federal laws and regulation.

18 U.S.C. § 208: "An employee is prohibited from participating personally and substantially in an official capacity in any particular matter in which, to his knowledge, he or any person whose interests are imputed to him under this statute has a financial interest, if the particular matter will have a direct and predictable effect on that interest."

5 C.F.R. § 2635.502: Appearance of loss of impartiality: "Where an employee knows that a particular matter involving specific parties is likely to have a direct and predictable effect on the financial interest of a member of his household, or knows that a person with whom he has a covered relationship is or represents a party to such matter, and where the person determines that the circumstances would cause a reasonable person with knowledge of the relevant facts to question his impartiality in the matter, the employee should not participate in the matter unless he has informed the agency designee of the appearance of a problem and received authorization from the agency designee".

3(e) General Guidelines

This ICR complies with OMB's general guidelines for the collection of information.

3(f) Confidentiality

Title I of the Ethics in Government Act of 1978 (the Act), 5 U.S.C. Chapter 131,Executive Order 12674, and 5 C.F.R Part 2634, Subpart I, of the Office of Government Ethics regulations require the reporting of financial information that is relevant to the administration and application of the criminal financial conflict of interest laws, administrative standards of conduct, and agency-specific statutory and program-related restrictions. The primary use of the information collected on this form is to allow EPA to conduct the conflicts reviews in accordance with applicable Federal laws and regulations. The information reported on the Form 3110-48 is "confidential" and required to be withheld from the public pursuant to § 13109(a)(2) of the Act. Agency personnel shall not publicly release the reports or the information contained therein except that disclosures may be pursuant to: (1) a federal, state or local law enforcement agency if the disclosing agency becomes aware of a violation or potential violation of law or regulation; (2) a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3) a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) the National Archives and Records Administration or the General Services Administration in records management inspections; (5) the Office of Management and Budget during legislative coordination on private relief legislation; (6) to the Department of Justice or in certain legal proceedings when the disclosing agency, and employee of the disclosing agency, or the
United States is a party to litigation or has an interest in the litigation and the use of such records is deemed relevant and necessary to the litigation; (7) to reviewing officials in a new office, department or agency when an employee transfers from one covered position to another, (8) to a Member of Congress or a congressional office in response to an inquiry made on behalf of an individual who is the subject of the record, and (9) to contractors and other non-Government employees working for the Federal Government to accomplish a function related to an OGE Government-wide system of records. The confidential report will not be disclosed to any requesting person unless authorized by law.

EPA requires SGEs who are new to a federal advisory committee to complete parts 2-9 of Form 3110-48 before participating in a committee activity. Subsequently, SGEs must file reports annually to report on the previous calendar year. For these annual reports, the SGEs must complete parts 2-8. In addition, they must complete Part 1 ("Statement regarding any change since annual submission of the form") and Part 9 ("Identification of any other information related to conflicts of interest or appearance of a lack of impartiality") before participating in any new advisory activity. Filers must provide sufficient information about outside interests and activities so that EPA ethics officials can make an informed judgment regarding any conflict of interest or appearance of loss of impartiality. EPA ethics officials may contact proposed SGEs to obtain additional information, if necessary, to determine whether there is a conflict between an SGE's public responsibilities and his/her or his/her spouse's private interests and activities.

3(g) Sensitive Questions

See response to 3(f).

4. The Respondents and the Information Requested

4(a) Respondents/SIC Codes

A Special Government Employee (SGE) is a person who is retained, designated, appointed, or employed to perform, with or without compensation, for a period not to exceed 130 days during any period of 365 consecutive days, temporary duties for the Federal Government either on a full-time or intermittent basis. SGEs who provide advice to EPA are required to file the Form 3110-48 in lieu of the Office of Government Ethics Form 450 to disclose confidential financial information. Form 3110-48 has been reviewed and approved for use by the Office of Government Ethics.

4(b) Information Requested

 Data items, including record keeping requirements

The Agency will maintain records of the Form 3110-48. DEOs from offices sponsoring federal advisory committees will retain files of the completed form. The agency does not anticipate any recordkeeping activities on the part of the respondents under this ICR.

 Respondent Activities

After being nominated by an outside party or themselves, respondents will be asked to
complete the Form 3110-48. The form will require one hour to complete. Subsequent forms filed annually should take less time to complete as respondents gain familiarity with its information requirements and may only need to make slight changes to information filed previously.

5. The Information Collected - Agency Activities, Collection Methodology, and Information Management

5(a) Agency Activities

To respond to this ICR, we estimated that an Assistant DEO (who may also be the DFO) spends one hour reviewing each Form 3110-48 (sometimes calling and asking for further clarification or to address areas not filled out completely). The Assistant DEO labor cost is estimated to be a GS-14 Step 6, which is $74.00 per hour according to the Office of Personnel Management's 2023 Salary Table (https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/23Tables/html/DCB_h.aspx).

The EPA Deputy Ethics Official (DEO) labor cost is estimated to be a GS-15 Step 7, which is $87.93 rounded to $88 per hour at one hour per form. Both the Assistant DEO and DEO total labor rates below include a factor of 1.6 (60%) for overhead costs.

Assistant DEO (who may also be the DFO) Cost
EPA estimates that approximately 325 SGEs will serve on EPA's federal advisory committees over the next 3 years. Multiplying the number of SGEs (325) by the three-year average dollar amount paid to EPA's Assistant DEOs ($74) and multiplying the subtotal cost of $24,050 by 1.6 (60% overhead) to allow for employee overhead costs, we estimate the subtotal to be $35,880.

Year 1 @ $74 for 1 hour x 325 = $24,050 x 1.6 = $38,480
Year 2 @ $74 for 1 hour x 325 = $24,050 x 1.6 = $38,480
Year 3 @ $74 for 1 hour x 325 = $24,050 x 1.6 = $38,480

DEO Cost
Multiplying the number of SGEs (325) by the dollar amount paid to EPA's DEO with a three-year average cost ($83) and multiplying the cost of $26,975 by 1.6 (60% overhead) to allow for employee overhead costs, we estimate the subtotal to be $43,160.

Year 1 @ $88 for 1 hour x 325 = $28,600 x 1.6 = $45,760
Year 2 @ $88 for 1 hour x 325 = $28,600 x 1.6 = $45,760
Year 3 @ $88 for 1 hour x 325 = $28,600 x 1.6 = $45,760

Total Assistant DEO and DEO Cost Using 3-Year Average
The total three-year average dollar burden estimate for this ICR (for both Assistant DEOs and DEO) is approximately $84,240 each year.

Assistant DEO three-year average $38,480 + DEO 3-year average $45,760 = $84,240

Agency (EPA) activities associated with the collection of information include:

Deputy Ethics Official for each committee with special government employees (SGEs),
Assistant Deputy Ethics Official:
   ::	Taking actions to review the form, ascertain improvements, and revise periodically (approximately three-year intervals or more if needed)

 Designated federal officers (DFOs) for each committee with special government employees (SGEs):
   ::	Providing copies of the mandatory form
   ::	Answering any respondent questions, follow-up
   ::	Forwarding form to EPA's Deputy Ethics Official for review and analyzing

Deputy Ethics Official:
   ::	Review, analyze, follow-up, and approve or disapprove form

5(b) Collection Methodology and Management

In collecting and analyzing the information associated with this ICR, EPA will use personal computers, e-mail and websites from which the respondents can obtain blank forms, as well as using the mail and committee meetings for distribution of the form. Candidates (respondents) may enter their information on the form on-line and submit the completed and signed report to EPA via pdf or by mail or fax.  EPA will accept a digital signature.

Although EPA uses internet websites and e-mail to distribute the blank forms, this form is not a survey instrument, and no database is necessary to aggregate results. This information is not available to the public.

5(c) Small Entity Flexibility

Not applicable.

5(d) Collection Schedule

   ::	After being nominated by an outside party or themselves, respondents are asked to Complete the Form 3110-48 (No schedule  -  dates are variable).

   ::	After the initial completion of the Form 3110-48, respondents are asked to update the form annually (generally during January of each year) and, for SGEs serving on FAC committees, prior to any new activity Respondent's confidential financial information is not made public.

6. Estimating the Burden and Cost of the Collection

6(a) Estimating Respondent Burden

To respond to this ICR, we estimated that each responding SGE candidate will take one hour to complete the Form 3110-48. We anticipate that EPA will pay an estimated labor cost of $697 (GS-14 Step 6), which including the standard overhead factor of 1.6 produces a loaded wage rate of $110.40. We estimate that approximately 325 SGEs will have to respond to this request each year. Multiplying the estimated number of SGE members (325) by the dollar amounts to be paid to EPA's SGEs each successive year, and multiplying the subtotal costs of each successive year by 1.6 to allow for respondent overhead costs, we estimate that the total dollar burden estimate for this ICR to be approximately $35,880 for year 1, $35,880 for year 2 and $35,880 for year 3. The grand total for all 3 years is estimated at $107,640. The annual average respondent cost over the three years is $35,880, as indicated in the following annual respondent burden and cost table.

6(b) Estimating Respondent Costs

 Estimating Labor Costs

Respondent Activity
Burden Hours/Respondent
Labor Cost/Hour (Loaded)
Number of Respondents
Total Cost/Year
Complete and submit form
1
$110
325
$38,480

(ii) Estimating Capital and Operations and Maintenance Costs

Not applicable.

 Capital/Start-up Operating and Maintenance (O&M) Costs

Not applicable.

 Annualizing Capital Costs

Not applicable.

6(c) Estimating Agency Burden and Cost

Agency Activity
Burden Hours/Respondent
Labor Cost/Hour (Loaded)
Number of Respondents
Total Cost/Year
Assistant DEO
Review form and forward to DEO for approval; Maintain record copy
1
$110
325
$38,480
DEO:
Review and approve form
1
$133
325
$45,760
Total Cost

$84,240

6(d) Estimating the Respondent Universe and Total Burden and Costs

See 6(a) and (b).

6(e) Bottom Line Burden Hours and Cost Tables

 Respondent Tally

Respondent Activity
Burden Hours/Respondent
Labor Cost/Hour (Loaded)
Number of Respondents
Total Cost/Year
Complete and submit form
1
$110
325
$38,480

 The Agency Tally

Agency Activity
Burden Hours/Respondent
Labor Cost/Hour (Loaded)
Number of Respondents
Total Cost/Year
Assistant DEO:
Review form and forward to DEO for approval; Maintain record copy
1
$110
325
$38,480
DEO:
Review and approve form
1
$133
325
$45,760
Total

$84,240

(iii) Variations in the Annual Bottom Line

We do not anticipate major variations in the annual bottom line burden hours and costs for the respondents or the Agency.

6(f) Reasons for Change in Burden

There is a decrease of 175 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This change is due to a decrease in the estimated number of respondents (from 500 to 325).

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average one hour per response. 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; 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. 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 are listed in 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OA-2010-0757, which is available for online viewing at www.regulations.gov, or in person viewing at the Office of Mission Support Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center 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<PHONE_NUMBER>, and the telephone number for the Office of Mission Support Docket is<PHONE_NUMBER>. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select "search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OA-2010-0757 and OMB Control No. 2090-0029 in any correspondence.