Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Notices 9911 

1The Commission voted 3–0–1 to provisionally 

accept the proposed Settlement Agreement and 

Order regarding Cybex International, Inc. Acting 

Chairman Adler, Commissioners Kaye and Baiocco 

voted to provisionally accept the Settlement 

Agreement and Order. Commissioner Feldman did 

not vote on this matter. 

accessed at: https://wprfmc.webex.com/ 

wprfmc/onstage/g.php?MTID=e53c7bd

fe796d5380156b9f81841ef272. Event 

number (if prompted): 177 544 7443. 

Event password (if prompted): 

PePT2021. Web conference access 

information will also be posted on the 

Council’s website at 

www.wpcouncil.org. For assistance with 

the web conference connection, contact 

the Council office at (808) 522–8220. 

FOR FURTHER INFORMATION CONTACT: 

Kitty M. Simonds, Executive Director, 

Western Pacific Fishery Management 

Council; telephone: (808) 522–8220. 

SUPPLEMENTARY INFORMATION: The 

Pelagic PT meeting will be held on 

March 3–4, 2021, and run each day from 

1 p.m. to 5 p.m. Hawaii Standard Time 

(HST) (12 p.m. to 4 p.m. Samoa 

Standard Time (SST); 9 a.m. to 1 p.m. 

on March 4–5, 2021, Chamorro Standard 

Time (ChST)). Public comment periods 

will be provided in the agenda. The 

order in which agenda items are 

addressed may change. The meetings 

will run as late as necessary to complete 

scheduled business. 

Agenda for the Pelagic Plan Team 

Meeting 

Wednesday, March 3, 2021, 1 p.m. to 5 

p.m. HST (12 p.m. to 4 p.m. SST; 

Thursday, March 4, 2021, 9 a.m. to 1 

p.m. ChST) 

1. Welcome and Introductions 

2. Approval of Agenda 

3. Oceanic Whitetip Working Group 

Report 

A. Monte Carlo Analyses of Longline 

Mitigation Measures 

B. Working Group Report and Options 

Document to Address MSA 304(i) 

Obligations 

4. Regulatory Amendment for Removal 

of Wire Leaders in Hawaii Deep-set 

Longline Fishery 

5. Plan Team Discussion 

6. Public Comment 

Thursday, March 4, 2021, 1 p.m. to 5 

p.m. HST (12 p.m. to 4 p.m. SST; 

Friday, March 5, 2021, 9 a.m. to 1 p.m. 

ChST) 

7. Seabird Mitigation Measures for the 

Hawaii Longline Fisheries: Options 

for the Shallow-set Fishery and Tori 

Line Specifications for the Deep-set 

Fishery 

8. North Pacific Striped Marlin Annual 

Catch Limits 

9. Public Comment 

10. Pelagic Plan Team Discussion and 

Recommendations 

11. Other Business 

Special Accommodations 

These meetings are physically 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Kitty M. Simonds, 

(808) 522–8220 (voice) or (808) 522– 

8226 (fax), at least 5 days prior to the 

meeting date. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: February 11, 2021. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–03193 Filed 2–16–21; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 21–C0001] 

Cybex International, Inc., Provisional 

Acceptance of a Settlement Agreement 

and Order 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: It is the policy of the 

Commission to publish settlements that 

it provisionally accepts under the 

Consumer Product Safety Act in the 

Federal Register in accordance with the 

terms of the Consumer Product Safety 

Commission’s regulations. Published 

below is a provisionally-accepted 

Settlement Agreement with Cybex 

International, Inc., containing a civil 

penalty in the amount of seven million, 

nine hundred and fifty thousand dollars 

($7,950,000), subject to the terms and 

conditions of the Settlement 

Agreement.1

DATES: Any interested person may ask 

the Commission not to accept this 

agreement or otherwise comment on its 

contents by filing a written request with 

the Division of the Secretariat by March 

4, 2021. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to 

Comment 21–C0001, Division of the 

Secretariat, Consumer Product Safety 

Commission, Room 820, 4330 East-West 

Highway, Bethesda, MD 20814; 

telephone: (301) 504–7479; email: cpscos@cpsc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Leah Wade Ippolito, Supervisory 

Attorney, Division of Enforcement and 

Litigation, Office of Compliance and 

Field Operations, Consumer Product 

Safety Commission, 4330 East-West 

Highway, Bethesda, Maryland 20814– 

4408; lippolito@cpsc.gov. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: February 11, 2021. 

Alberta E. Mills, 

Secretary. 

United States of America 

Consumer Product Safety Commission 

In the Matter of: CYBEX 

INTERNATIONAL, INC., CPSC Docket 

No.: 21–C0001 

Settlement Agreement 

1. In accordance with the Consumer 

Product Safety Act, 15 U.S.C. 

2051¥2089 (‘‘CPSA’’) and 16 CFR 

1118.20, Cybex International, Inc. 

(‘‘Cybex’’), and the United States 

Consumer Product Safety Commission 

(‘‘Commission’’), through its staff, 

hereby enter into this Settlement 

Agreement (‘‘Agreement’’). The 

Agreement and the incorporated 

attached Order resolve staff’s charges set 

forth below. 

The Parties 

2. The Commission is an independent 

federal regulatory agency, established 

pursuant to, and responsible for, the 

enforcement of the CPSA, 15 U.S.C. 

2051–2089. By executing the 

Agreement, staff is acting on behalf of 

the Commission, pursuant to 16 CFR 

1118.20(b). The Commission issues the 

Order under the provisions of the CPSA. 

3. Cybex is a corporation, organized 

and existing under the laws of the state 

of New York, with its principal place of 

business in Rosemont, Illinois. 

Staff Charges 

4. Between 1996 and 2008, Cybex 

manufactured, distributed and offered 

for sale in the United States 

approximately 4,800 Model VR2, 

VR2TA, Eagle, and VR3 Arm Curl 

Machines (‘‘Arm Curl’’). 

5. Between 1989 and 2009, Cybex 

manufactured, distributed and offered 

for sale in the United States 

approximately 15,000 Model 5340 and 

5341 Smith Press Machines (‘‘Smith 

Press.’’) 

6. The Arm Curl and Smith Press 

Machines (collectively, the ‘‘Subject 

Products’’) are ‘‘consumer products’’ 

that were ‘‘distribut[ed] in commerce,’’ 

as those terms are defined or used in 

sections 3(a)(5) and (8) of the CPSA, 15 

U.S.C. 2052(a)(5) and (8). Cybex is a 

‘‘manufacturer’’ and ‘‘distributor’’ of the 


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9912 Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Notices 

Subject Products, as such terms are 

defined in sections 3(a)(7) and (11) of 

the CPSA, 15 U.S.C. 2052(a)(7) and (11). 

Violation of CPSA Section 19(a)(4) 

Arm Curl Machines 

7. The Arm Curl Machines contain a 

defect which could create a substantial 

product hazard and create an 

unreasonable risk of serious injury or 

death because the weld that connects 

the swivel handle to the arm of the 

machine can fatigue and fail, causing 

the handle to separate unexpectedly 

from the frame of the machine. This 

separated handle can strike the user in 

the face. 

8. Between mid-2002 (when Cybex 

was able to retrieve incident 

information) and June 2015, Cybex 

received 85 reports of broken handles, 

including incidents that resulted in 

lacerations requiring stitches and one 

grievous bodily injury involving a 

consumer who permanently lost vision 

in one eye when the handle separated 

during use and struck the consumer in 

the face. 

9. Despite information that reasonably 

supported the conclusion that the Arm 

Curl Machine contained a defect that 

could create a substantial product 

hazard or created an unreasonable risk 

of serious injury or death, Cybex did not 

immediately report to CPSC. 

10. In June 2015, Cybex filed a Full 

Report with the Commission under 15 

U.S.C. 2064(b) concerning the Arm Curl 

Machines. 

11. Cybex and the Commission jointly 

announced a Fast Track recall of the 

Arm Curl Machines on August 25, 2015. 

The press release announcing the recall 

noted that the swivel handles can break 

off from the frame causing users to hit 

themselves in the face or head, posing 

an impact injury hazard. 

Smith Press Machines 

12. The Smith Press Machines contain 

a defect which could create a substantial 

product hazard and create an 

unreasonable risk of serious injury or 

death because the weight bar can fall, 

posing serious impact injury hazards to 

the user. 

13. Between late 1991 and January 

2018, Cybex received 27 reports of 

injuries associated with the Smith Press 

Machine, including grievous bodily 

injuries such as paralysis and spinal 

fracture. 

14. Despite information that 

reasonably supported the conclusion 

that the Smith Press Machines 

contained a defect that could create a 

substantial product hazard or created an 

unreasonable risk of serious injury or 

death, Cybex did not immediately report 

to CPSC. 

15. In January 2018, Cybex filed a Full 

Report with the Commission under 15 

U.S.C. 2064(b) concerning the Smith 

Press Machines. 

16. Cybex and the Commission jointly 

announced a Fast Track recall of Smith 

Press Machines on August 29, 2018. The 

press release announcing the recall 

noted that the weight bar can fall, 

posing serious injury hazards to the 

user. 

Failure to Timely Report 

17. Despite having information 

reasonably supporting the conclusion 

that the Subject Products contained a 

defect or created an unreasonable risk of 

serious injury or death, Cybex did not 

notify the Commission immediately of 

such defect or risk, as required by 

sections 15(b)(3) and (4) of the CPSA, 15 

U.S.C. 2064(b)(3) and (4), in violation of 

section 19(a)(4) of the CPSA, 15 U.S.C. 

2068(a)(4). 

18. Because the information in 

Cybex’s possession about the Subject 

Products constituted actual and 

presumed knowledge, Cybex knowingly 

violated section 19(a)(4) of the CPSA, 15 

U.S.C. 2068(a)(4), as the term 

‘‘knowingly’’ is defined in section 20(d) 

of the CPSA, 15 U.S.C. 2069(d). 

19. Pursuant to section 20 of the 

CPSA, 15 U.S.C. 2069, Cybex is subject 

to civil penalties for its knowing 

violation of section 19(a)(4) of the 

CPSA, 15 U.S.C. 2068(a)(4). 

Response of Cybex 

20. This Agreement does not 

constitute an admission by Cybex to the 

staff’s charges set forth in paragraphs 4 

through 19 above, and Cybex 

specifically refutes the staff’s findings 

that Cybex did not timely file section 

15(b) reports on the Subject Products. 

21. The Arm Curl and Smith Press 

have not been sold since 2008 and 2009 

respectively. The Subject Products were 

designed, manufactured and sold by 

prior ownership of the Cybex business 

(which was sold in 2016 and again in 

2019). The original owners of Cybex 

recalled and retrofitted the Arm Curl in 

2015 and the CPSC’s investigation was 

underway when the Company was sold 

in 2016. After assessing the legacy 

business and engaging in discussions 

with CPSC, the new owner of Cybex 

determined that it was required to 

submit a report to the CPSC regarding 

the Smith Press in connection with the 

CPSC’s ongoing investigation. 

22. Due to the complexity of 

consumer interaction with and use of 

exercise equipment, and the critical role 

of fitness center owners in monitoring 

users and maintaining the equipment, 

consumer reports can be difficult for a 

manufacturer to obtain and evaluate, 

may not be received promptly, and may 

not include complete and accurate 

information. 

23. With regard to the Smith Press, 

there is a risk of users failing to fully 

seat a weighted bar across the pins 

when racking the bar, thereby causing 

the bar to fall. Further, the equipment 

had extensive product safety and usage 

labeling and a safety stop that users 

frequently failed to activate while 

exercising. Racking systems similar to 

the Smith Press racking system were 

widely used throughout the industry 

during the time the Smith Press was 

sold and in use. Cybex believes that the 

number of reports of injuries associated 

with the weight bars was infinitesimally 

small in view of the millions of uses of 

this equipment. 

24. With regard to the Arm Curl, over 

time the arm of certain of the machines 

experienced weld fatigue, despite the 

equipment passing rigorous and 

extensive product load and endurance 

testing. Cybex believes that the number 

and extent of injuries were limited. 

25. At all relevant times, Cybex had 

a product safety compliance program, 

including quality control personnel and 

a product safety testing program. 

Following the sale of Cybex in 2016, 

new ownership implemented 

improvements to that compliance 

program to further ensure that it is 

consistent with industry standards. 

26. Cybex enters into this Agreement 

solely to settle this matter without the 

delay and expense of litigation. Cybex 

does not admit to any fault, liability, 

violation of any law, or wrongdoing 

with respect to the Arm Curl or Smith 

Press machines, and Cybex’s 

willingness to enter into this Agreement 

and Order does not constitute, nor is it 

evidence of, an admission by it of any 

fault, liability, violation of any law, or 

any wrongdoing. 

Agreement of the Parties 

27. Under the CPSA, the Commission 

has jurisdiction over the matter 

involving the Subject Products and over 

Cybex. 

28. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Cybex or a determination 

by the Commission that Cybex violated 

the CPSA’s reporting requirements. 

29. In settlement of staff’s charges, 

and to avoid the cost, distraction, delay, 

uncertainty, and inconvenience of 

protracted litigation or other 

proceedings, Cybex shall pay a civil 

penalty in the amount of seven million, 


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Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Notices 9913 

nine hundred and fifty thousand dollars 

($7,950,000) within thirty (30) calendar 

days after receiving service of the 

Commission’s final Order accepting the 

Agreement. All payments to be made 

under the Agreement shall constitute 

debts owing to the United States and 

shall be made by electronic wire transfer 

to the United States via http://

www.pay.gov, for allocation to, and 

credit against, the payment obligations 

of Cybex under this Agreement. Failure 

to make such payment by the date 

specified in the Commission’s final 

Order shall constitute Default. 

30. All unpaid amounts, if any, due 

and owing under the Agreement, shall 

constitute a debt due and immediately 

owing by Cybex to the United States, 

and interest shall accrue and be paid by 

Cybex at the federal legal rate of interest 

set forth at 28 U.S.C. 1961(a) and (b) 

from the date of Default, until all 

amounts due have been paid in full 

(hereinafter ‘‘Default Payment Amount’’ 

and ‘‘Default Interest Balance’’). Cybex 

shall consent to a Consent Judgment in 

the amount of the Default Payment 

Amount and Default Interest Balance, 

and the United States, at its sole option, 

may collect the entire Default Payment 

Amount and Default Interest Balance, or 

exercise any other rights granted by law 

or in equity, including, but not limited 

to, referring such matters for private 

collection, and Cybex agrees not to 

contest, and hereby waives and 

discharges any defenses to, any 

collection action undertaken by the 

United States, or its agents or 

contractors, pursuant to this paragraph. 

Cybex shall pay the United States all 

reasonable costs of collection and 

enforcement under this paragraph, 

respectively, including reasonable 

attorney’s fees and expenses. 

31. After staff receives this Agreement 

executed on behalf of Cybex, staff shall 

promptly submit the Agreement to the 

Commission for provisional acceptance. 

Promptly following provisional 

acceptance of the Agreement by the 

Commission, the Agreement shall be 

placed on the public record and 

published in the Federal Register, in 

accordance with the procedures set 

forth in 16 CFR 1118.20(e). If the 

Commission does not receive any 

written request not to accept the 

Agreement within fifteen (15) calendar 

days, the Agreement shall be deemed 

finally accepted on the 16th calendar 

day after the date the Agreement is 

published in the Federal Register, in 

accordance with 16 CFR 1118.20(f). 

32. This Agreement is conditioned 

upon, and subject to, the Commission’s 

final acceptance, as set forth above, and 

it is subject to the provisions of 16 CFR 

1118.20(h). Upon the later of: (i) 

Commission’s final acceptance of this 

Agreement and service of the accepted 

Agreement upon Cybex, and (ii) the date 

of issuance of the final Order, this 

Agreement shall be in full force and 

effect, and shall be binding upon the 

parties. 

33. Effective upon the later of: (i) The 

Commission’s final acceptance of the 

Agreement and service of the accepted 

Agreement upon Cybex and (ii) and the 

date of issuance of the final Order, for 

good and valuable consideration, Cybex 

hereby expressly and irrevocably waives 

and agrees not to assert any past, 

present, or future rights to the following, 

in connection with the matter described 

in this Agreement: (i) an administrative 

or judicial hearing; (ii) judicial review 

or other challenge or contest of the 

Commission’s actions; (iii) a 

determination by the Commission of 

whether Cybex failed to comply with 

the CPSA and the underlying 

regulations; (iv) a statement of findings 

of fact and conclusions of law; and (v) 

any claims under the Equal Access to 

Justice Act. 

34. Cybex shall maintain a 

compliance program designed to ensure 

compliance with the CPSA with respect 

to any consumer product imported, 

manufactured, distributed or sold by 

Cybex, and which shall contain the 

following elements: 

(i) Written standards, policies and 

procedures, including those designed to 

ensure that information that may relate 

to or impact CPSA compliance is 

conveyed effectively to personnel 

responsible for CPSA compliance, 

whether or not an injury is referenced; 

(ii) a mechanism for confidential 

employee reporting of compliancerelated questions or concerns to either a 

compliance officer or to another senior 

manager with authority to act as 

necessary; 

(iii) effective communication of 

company compliance-related policies 

and procedures regarding the CPSA to 

all applicable employees through 

training programs or otherwise; 

(iv) Cybex’s senior management 

responsibility for, and Cybex’s general 

board oversight, consistent with its 

policies and procedures of, CPSA 

compliance; and 

(v) retention of all CPSA compliancerelated records for at least five (5) years, 

and availability of such records to CPSC 

staff upon request. 

35. Cybex shall maintain and enforce 

a system of internal controls and 

procedures designed to ensure that, 

with respect to all consumer products 

imported, manufactured, distributed or 

sold by Cybex: 

(i) Information required to be 

disclosed by Cybex to the Commission 

is recorded, processed and reported in 

accordance with applicable law; 

(ii) all reporting made to the 

Commission is timely, truthful, 

complete, accurate and in accordance 

with applicable law; and 

(iii) prompt disclosure is made to 

Cybex’s management of any significant 

deficiencies or material weaknesses in 

the design or operation of such internal 

controls that are reasonably likely to 

affect adversely, in any material respect, 

Cybex’s ability to record, process and 

report to the Commission in accordance 

with applicable law. 

36. Upon request of staff, Cybex shall 

provide written documentation of its 

internal controls and procedures, 

including, but not limited to, the 

effective dates of the procedures and 

improvements thereto. Cybex shall 

cooperate fully and truthfully with staff 

and shall make available all nonprivileged information and materials, 

and personnel deemed necessary by 

staff to evaluate Cybex’s compliance 

with the terms of the Agreement. 

37. The parties acknowledge and 

agree that the Commission may 

publicize the terms of the Agreement 

and the Order. 

38. Cybex represents that the 

Agreement: (i) Is entered into freely and 

voluntarily, without any degree of 

duress or compulsion whatsoever; (ii) 

has been duly authorized; and (iii) 

constitutes the valid and binding 

obligation of Cybex, enforceable against 

Cybex in accordance with its terms. The 

individuals signing the Agreement on 

behalf of Cybex represent and warrant 

that they are duly authorized by Cybex 

to execute the Agreement. 

39. The signatories represent that they 

are authorized to execute this 

Agreement. 

40. The Agreement is governed by the 

laws of the United States. 

41. The Agreement and the Order 

shall apply to, and be binding upon, 

Cybex and each of its successors, 

transferees, and assigns; and a violation 

of the Agreement or Order may subject 

Cybex, and each of its successors, 

transferees, and assigns, to appropriate 

legal action. 

42. The Agreement and the Order 

constitute the complete agreement 

between the parties on the subject 

matter contained therein. 

43. The Agreement may be used in 

interpreting the Order. Understandings, 

agreements, representations, or 

interpretations apart from those 

contained in the Agreement and the 

Order may not be used to vary or 

contradict their terms. For purposes of 


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9914 Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Notices 

construction, the Agreement shall be 

deemed to have been drafted by both of 

the parties and shall not, therefore, be 

construed against any party, for that 

reason, in any subsequent dispute. 

44. The Agreement may not be 

waived, amended, modified, or 

otherwise altered, except as in 

accordance with the provisions of 16 

CFR 1118.20(h). The Agreement may be 

executed in counterparts. 

45. If any provision of the Agreement 

or the Order is held to be illegal, 

invalid, or unenforceable under present 

or future laws effective during the terms 

of the Agreement and the Order, such 

provision shall be fully severable. The 

balance of the Agreement and the Order 

shall remain in full force and effect, 

unless the Commission and Cybex agree 

in writing that severing the provision 

materially affects the purpose of the 

Agreement and the Order. 

CYBEX INTERNATIONAL, INC. 

Dated: 1/25/2021. 

By: /s/ lllllllllllllllll

Kelly Michelle Kaiser, 

Secretary, Cybex International, Inc. 

Dated: 1/25/2021. 

By: /s/ lllllllllllllllll

Kathleen M. Sanzo, 

Counsel to Cybex International, Inc. 

U.S. Consumer Product Safety Commission 

Dated: 1/25/2021. 

By: /s/ lllllllllllllllll

Leah Wade Ippolito, 

Supervisory Attorney, Office of Compliance 

and Field Operations. 

United States of America 

Consumer Product Safety Commission 

In the Matter of: CYBEX 

INTERNATIONAL, INC. CPSC Docket 

No.: 

Order 

Upon consideration of the Settlement 

Agreement entered into between Cybex 

International Inc. (‘‘Cybex’’), and the 

U.S. Consumer Product Safety 

Commission (‘‘Commission’’), and the 

Commission having jurisdiction over 

the subject matter and over Cybex, and 

it appearing that the Settlement 

Agreement and the Order are in the 

public interest, it is: 

Ordered that the Settlement 

Agreement be, and is, hereby, accepted; 

and it is 

Further ordered that Cybex shall 

comply with all terms of the Settlement 

Agreement including payment of a civil 

penalty in the amount of seven million, 

nine hundred and fifty thousand dollars 

($7,950,000), within thirty (30) days 

after service of the Commission’s final 

Order accepting the Settlement 

Agreement. The payment shall be made 

by electronic wire transfer to the 

Commission via: http://www.pay.gov. 

Upon the failure of Cybex to make the 

foregoing payment when due, interest 

on the unpaid amount shall accrue and 

be paid by Cybex at the federal legal rate 

of interest set forth at 28 U.S.C. 1961(a) 

and (b). If Cybex fails to make such 

payment or to comply in full with any 

other provision of the Settlement 

Agreement, such conduct will be 

considered a violation of the Settlement 

Agreement and Order. 

Provisionally accepted and 

provisional Order issued on the 11 day 

of February, 2021. 

By order of the commission: 

/s/ lllllllllllllllllll

Albert Mills, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2021–03121 Filed 2–16–21; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF EDUCATION 

[Docket No.: ED–2021–SCC–0023] 

Agency Information Collection 

Activities; Comment Request; NAEP 

2021 School Survey 

AGENCY: Institute for Education Sciences 

(IES), National Center for Education 

Statistics (NCES), Department of 

Education (ED). 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, ED is 

requesting the Office of Management 

and Budget (OMB) to conduct an 

emergency review of an information 

collection. 

DATES: The Department has requested 

emergency processing from OMB for 

this information collection request by 

February 12, 2021. Due to this 

emergency processing, the Department 

is also providing the public with the 

opportunity to comment for 30 days. 

Interested persons are invited to submit 

comments on or before March 19, 2021. 

ADDRESSES: To access and review all the 

documents related to the information 

collection listed in this notice, please 

use http://www.regulations.gov by 

searching the Docket ID number ED– 

2021–SCC–0023. Comments submitted 

in response to this notice should be 

submitted electronically through the 

Federal eRulemaking Portal at http://

www.regulations.gov by selecting the 

Docket ID number or via postal mail, 

commercial delivery, or hand delivery. 

If the regulations.gov site is not 

available to the public for any reason, 

ED will temporarily accept comments at 

ICDocketMgr@ed.gov. Please include the 

docket ID number and the title of the 

information collection request when 

requesting documents or submitting 

comments. Please note that comments 

submitted by fax or email and those 

submitted after the comment period will 

not be accepted. Written requests for 

information or comments submitted by 

postal mail or delivery should be 

addressed to the Director of the Strategic 

Collections and Clearance Governance 

and Strategy Division, U.S. Department 

of Education, 400 Maryland Ave. SW, 

LBJ, Room 6W208B, Washington, DC 

20202–8240. 

FOR FURTHER INFORMATION CONTACT: For 

specific questions related to collection 

activities, please contact Carrie Clarady, 

202–245–6347. 

SUPPLEMENTARY INFORMATION: The 

Department of Education (ED), in 

accordance with the Paperwork 

Reduction Act of 1995 (PRA) (44 U.S.C. 

3506(c)(2)(A)), provides the general 

public and Federal agencies with an 

opportunity to comment on proposed, 

revised, and continuing collections of 

information. This helps the Department 

assess the impact of its information 

collection requirements and minimize 

the public’s reporting burden. It also 

helps the public understand the 

Department’s information collection 

requirements and provide the requested 

data in the desired format. ED is 

soliciting comments on the proposed 

information collection request (ICR) that 

is described below. The Department of 

Education is especially interested in 

public comment addressing the 

following issues: (1) Is this collection 

necessary to the proper functions of the 

Department; (2) will this information be 

processed and used in a timely manner; 

(3) is the estimate of burden accurate; 

(4) how might the Department enhance 

the quality, utility, and clarity of the 

information to be collected; and (5) how 

might the Department minimize the 

burden of this collection on the 

respondents, including through the use 

of information technology. Please note 

that written comments received in 

response to this notice will be 

considered public records. 

Title of Collection: XX School Survey. 

OMB Control Number: 1850–NEW. 

Type of Review: A new information 

collection. 

Respondents/Affected Public: 

Individuals or Households. 

Total Estimated Number of Annual 

Responses: 36,030. 

Total Estimated Number of Annual 

Burden Hours: 18,016. 


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