Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Notices 8827 

FOR FURTHER INFORMATION CONTACT: To 

request more information on this 

proposed information collection or to 

obtain a copy of the proposal and 

associated collection instruments, 

please write to the Office of the Under 

Secretary of Defense (Personnel and 

Readiness) (Military Personnel Policy/ 

Accession Policy), 4000 Defense 

Pentagon, Washington, DC 20301–4000 

or call at (703) 697–9271. 

Title and OMB Control Number: 

Utility of Test Preparation Guides and 

Education Programs in Enhancing 

Recruit Candidate Performance on the 

Armed Services Vocational Aptitude 

Battery (ASVAB), OMB Number 0704– 

0450. 

Needs and Uses: The 2007 National 

Defense Authorization Act (NDAA), 

section 546, directs the Secretary of 

Defense to conduct a test of the utility 

of test preparation guides in enhancing 

recruit candidate performance on the 

Armed Services Vocational Aptitude 

Battery (ASVAB). The ASVAB is a 

cognitive ability test used to select and 

classify applicants for enlistment into 

the U.S. military. This information data 

collection is needed to meet the 

following objectives, as stated in the 

NDAA, to examine: The degree to which 

test preparation assistance degrades test 

reliability and accuracy, the degree to 

which test preparation assistance allows 

more accurate testing of skill aptitudes 

and mental capability, and to 

recommend a role for test preparation 

assistance in military recruiting. 

Affected Public: Individuals or 

households. 

Annual Burden Hours: 33,350. 

Number of Respondents: 145,000. 

Responses per Respondent: 1 or 2. 

Average Burden per Response: 12 

minutes. 

Frequency: On occasion. 

SUPPLEMENTARY INFORMATION: 

Summary of Information Collection 

The 2007 National Defense 

Authorization Act (NDAA), section 546, 

directs the Secretary of Defense to 

conduct a test of the utility of test 

preparation guides in enhancing recruit 

candidate performance on the Armed 

Services Vocational Aptitude Battery 

(ASVAB). The instrument used to 

collect the information is the ASVAB 

Preparation Questionnaire, which 

covers: (a) ASVAB test taking history, 

(b) ASVAB preparation behaviors, (c) 

academic history, and (d) language 

spoken and education level of parents. 

The potential respondent universe 

consists of all military applicants who 

complete the ASVAB when taken at 

Military Entrance Processing Stations 

(MEPS) and Military Entrance Testing 

Sites (METS). The questionnaire will be 

administered immediately after the 

applicant completes the ASVAB. 

Computer administration will be used 

in the MEPS and paper and pencil in the 

METS. The information collected will 

be used for program planning, and to 

compile the congressionally-mandated 

report. 

Dated: January 12, 2012. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2012–3514 Filed 2–14–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID: DoD–2010–OS–0128] 

Proposed Collection; Comment 

Request 

AGENCY: Department of Defense, Office 

of the Deputy Under Secretary of 

Defense (Installations and 

Environment). 

ACTION: Notice. 

SUMMARY: In compliance with Section 

3506(c)(2)(A) of the Paperwork 

Reduction Act of 1995, the Office of the 

Deputy Under Secretary of Defense 

(Installations and Environment) 

announces a proposed public 

information collection and seeks public 

comment on the provisions thereof. 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed information collection; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the information collection on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

DATES: Consideration will be given to all 

comments received by March 26, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive, 

2nd Floor, East Tower, Suite 02G09, 

Alexandria, VA 22350–3100. 

Instructions: All submissions received 

must include the agency name, docket 

number and title for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: To 

request more information on this 

proposed information collection or to 

obtain a copy of the proposal and 

associated collection instruments, 

please write to the Office of the Deputy 

Under Secretary of Defense 

(Installations & Environment), 3400 

Defense Pentagon, Washington, DC 

20301–3400, or call (703) 695–6107. 

Title; Associated Form; and OMB 

Number: Technical Assistance for 

Public Participation (TAPP) 

Application, DD Form 2749, OMB 

Control Number 0704–0392. 

Needs and Uses: The collection of 

information is necessary to identify 

products or services requested by 

community members of restoration 

advisory boards or technical review 

committees to aid in their participation 

in the Department of Defense’s 

environmental restoration program, and 

to meet Congressional reporting 

requirements. 

Affected Public: Not-for-profit 

institutions. 

Annual Burden Hours: 200. 

Number of Respondents: 50. 

Responses per Respondent: 1. 

Average Burden per Response: 4 

hours. 

Frequency: On occasion. 

SUPPLEMENTARY INFORMATION: 

Summary of Information Collection 

Respondents are community members 

of restoration advisory boards or 

technical review committees requesting 

technical assistance to interpret 

scientific and engineering issues 

regarding the nature of environmental 

hazards at an installation. This 

assistance will assist communities in 

participating in the cleanup process. 

The information, directed by 10 U.S.C. 

2705, will be used to determine the 

eligibility of the proposed project, begin 

the procurement process to obtain the 

requested products or services, and 

determine the satisfaction of community 

members of restoration advisory boards 

and technical review communities 

receiving the products and services. 


sroberts on DSK5SPTVN1PROD with NOTICES
8828 Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Notices 

1 DoD recognizes that many recipients had 

language assistance programs in place prior to the 

issuance of Executive Order 13166. This Guidance 

provides a uniform framework for a recipient to 

integrate, formalize, and assess the continued 

vitality of these existing and possibly additional 

reasonable efforts based on the nature of its program 

or activity, the current needs of the LEP population 

it encounters, and its prior experience in providing 

language services in the community it serves. 

Dated: January 31, 2012. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2012–3509 Filed 2–14–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Guidance to Federal Financial 

Assistance Recipients Regarding Title 

VI Prohibition Against National Origin 

Discrimination Affecting Limited 

English Proficient Persons 

AGENCY: Department of Defense, DoD. 

ACTION: Interim final guidance. 

SUMMARY: The Department of Defense 

(DoD) publishes for public comment 

Interim Final Guidance to Federal 

Financial Assistance Recipients 

Regarding Title VI Prohibition Against 

National Origin Discrimination 

Affecting Limited English Proficient 

Persons (DoD Recipient LEP Guidance). 

The DoD Recipient LEP Guidance is 

based on the prohibition against 

national origin discrimination in Title 

VI of the Civil Rights Act of 1964, as 

affects limited English proficient 

persons. 

DATES: Comments must be received on 

or before March 16, 2012. 

ADDRESSES: Please submit only one set 

of comments via one of the methods 

described. 

• Fax: (703) 571–9338. 

• Mail: DoD/ODMEO LEP Public 

Comments, 4000 Defense Pentagon, 

Room 5D641, Washington, DC 20301– 

4000. 

• Email: james.love@osd.mil. 

FOR FURTHER INFORMATION CONTACT: 

James E. Love, (703) 571–9331. 

Arrangements to receive the policy in an 

alternative format may be made by 

contacting the named individual. 

SUPPLEMENTARY INFORMATION: Under 

Title VI of the Civil Rights Act of 1964, 

42 U.S.C. 2000d, et seq. (Title VI), and 

DoD regulations implementing Title VI, 

recipients of Federal financial assistance 

from the DoD (‘‘recipients’’) have a 

responsibility to ensure meaningful 

access by persons with limited English 

proficiency (LEP) to their programs and 

activities. See 32 CFR 195.4. Executive 

Order 13166, reprinted at 65 FR 50121 

(August 16, 2000), directs each Federal 

agency that extends assistance subject to 

the requirements of Title VI to publish, 

after review and approval by the 

Department of Justice (DOJ), guidance 

for its recipients clarifying that 

obligation. The Executive Order also 

directs that all such guidance be 

consistent with the compliance 

standards and framework set forth by 

DOJ. 

On March 14, 2002, the Office of 

Management and Budget (OMB) issued 

a Report to Congress titled ‘‘Assessment 

of the Total Benefits and Costs of 

Implementing Executive Order No. 

13166: Improving Access to Services for 

Persons with Limited English 

Proficiency.’’ Among other things, the 

Report recommended the adoption of 

uniform guidance across all Federal 

agencies, with flexibility to permit 

tailoring to each agency’s specific 

recipients. Consistent with this OMB 

recommendation, the DOJ published 

LEP Guidance for DOJ recipients which 

was drafted and organized to also 

function as a model for similar guidance 

by other Federal grant agencies. See 67 

FR 41455 (June 18, 2002). This interim 

final DoD Guidance is based upon the 

model of June 18, 2002, DOJ LEP 

Guidance for Recipients. 

The primary focus of this Guidance is 

on entities that receive Federal financial 

assistance from DoD, either directly or 

indirectly, through a grant, cooperative 

agreement, contract or subcontract, and 

operate programs or activities or 

portions of programs or activities in the 

United States and its territories. 

In connection with the issuance of 

this Guidance, each DoD component is 

encouraged to review their current 

programs and activities to determine 

whether they provide the type of 

external assistance to a recipient which 

is subject to Title VI. If Title VI is 

determined to be applicable to one or 

more program or activity, the 

administering component should 

consider developing a program-specific 

Appendix to this Guidance. The 

Appendix should explain how the 

component’s recipients may ensure 

meaningful linguistic access consistent 

with the principles and compliance 

standards set out in DoD’s LEP 

Guidance for Recipients below. The 

Appendix will be submitted to DOJ for 

review and approval prior to 

publication in the Federal Register. 

It has been determined that the 

Guidance does not constitute a 

regulation subject to the rulemaking 

requirements of the Administrative 

Procedures Act, 5 U.S.C. 533. It has also 

been determined that this Guidance is 

not subject to the requirements of 

Executive Order 12866. 

The text of the complete proposed 

Guidance document appears below. 

Dated: January 18, 2012. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

I. Introduction 

Most individuals living in the United 

States read, write, speak and understand 

English. There are many individuals, 

however, for whom English is not their 

primary language. For instance, based 

on the 2000 census, over 26 million 

individuals speak Spanish and almost 7 

million individuals speak an Asian or 

Pacific Island language at home. If these 

individuals have a limited ability to 

read, write, speak, or understand 

English, they are limited English 

proficient, or ‘‘LEP.’’ The 2000 census 

indicates that 28.1% of all Spanishspeakers, 28.2% of all speakers of 

Chinese languages, and 32.3% of all 

Vietnamese-speakers reported that they 

spoke English ‘‘not well’’ or ‘‘not at all.’’ 

Language for LEP individuals can be 

a barrier to accessing important benefits 

or services, understanding and 

exercising important rights, complying 

with applicable responsibilities, or 

understanding other information 

provided by federally funded programs 

and activities. The Federal Government 

funds an array of services that can be 

made accessible to otherwise eligible 

LEP persons. The Federal Government 

is committed to improving the 

accessibility of these programs and 

activities to eligible LEP persons, a goal 

that reinforces its equally important 

commitment to promoting programs and 

activities designed to help individuals 

learn English. Recipients should not 

overlook the long-term positive impacts 

of incorporating or offering English as a 

Second Language (ESL) programs in 

parallel with language assistance 

services. ESL courses can serve as an 

important adjunct to a proper LEP plan. 

However, the fact that ESL classes are 

made available does not obviate the 

statutory and regulatory requirement to 

provide meaningful access for those 

who are not yet English proficient. 

Recipients of Federal financial 

assistance have an obligation to reduce 

language barriers that can preclude 

meaningful access by LEP persons to 

important government services.1

This policy Guidance clarifies 

existing legal requirements for LEP 


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