[Federal Register Volume 71, Number 190 (Monday, October 2, 2006)]
[Notices]
[Pages 57932-57934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8375]


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ELECTION ASSISTANCE COMMISSION


Request for Substantive Comments on Procedural Manual for the 
Election Assistance Commission's Voting System Testing and 
Certification Program; Proposed Information Collection: Request for 
Comments on Information Collection Burden; U.S. EAC Voting System 
Testing and Certification Program

AGENCY: United States Election Assistance Commission (EAC).

ACTION: Notice.

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SUMMARY: The EAC has drafted a procedural manual for its Voting System 
Testing and Certification Program. This program sets administrative 
procedures for obtaining an EAC Certification for voting systems. 
Participation in the program is strictly voluntary. The program is 
mandated by 42 U.S.C. Sec.  15371. The purpose of this notice is 
twofold: (1) To request public comment on the substantive aspects of 
the program (2) to request public comment on the proposed collection of

[[Page 57933]]

information pursuant to the emergency processing provisions of the 
Paperwork Reduction Act as submitted to the Office of Management and 
Budget (OMB).
    (1) Substantive Comments: The EAC seeks substantive comments from 
the public on its proposed procedural manual. Please submit comments 
consistent with the information below. Comments should identify and 
cite the section of the manual at issue. Where a substantive issue is 
raised, please propose a recommended change or alternative policy. This 
publication and request for comment is not required under the 
rulemaking, adjudicative or licensing provisions of the Administrative 
Procedures Act (APA). It is a voluntary effort by the EAC to gather 
input from the public on the EAC's administrative procedures for 
certifying or decertifying voting systems. Furthermore, this request by 
the EAC for public comment is not intended to make any of the APA's 
rulemaking provisions applicable to development of this or future EAC 
procedural programs.

DATES: (Comments): Submit written or electronic comments on this draft 
procedural manual on or before 5 p.m. EDT on October 31, 2006.

ADDRESSES: Submit comments on-line on EAC's Web site: http://www.eac.gov; via mail to Brian Hancock, Director of Voting System 
Certification, U.S. Election Assistance Commission, 1225 New York 
Avenue, Suite 1100, Washington, DC 20005; or via fax to 202-566-1392. 
An electronic copy of the proposed guidance may be found on the EAC's 
Web site http://www.eac.gov.

FOR FURTHER INFORMATION CONTACT: Brian Hancock, Director of Voting 
System Certification, 1225 New York Avenue, Suite 1100, Washington, DC, 
(202) 566-3100, Fax: (202) 566-1392.
    (2) Comments on the Proposed Collection of Information: In 
compliance with the requirement of section 3506(c)(2)(A) of the 
Paperwork Reduction Act of 1995, the EAC is publishing the following 
summary of proposed collections for public comment. Interested persons 
are invited to send comments regarding this burden estimate or any 
other aspect of this collection of information, including any of the 
following subjects: (1) The necessity and utility of the proposed 
information collection for the proper performance of the agency's 
functions; (2) the accuracy of the estimated burden; (3) ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and (4) the use of automated collection techniques or other 
forms of information technology to minimize the information collection 
burden.
    The EAC is requesting an emergency review of the information 
collection referenced below. In compliance with the requirement of 
section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, we have 
submitted to the Office of Management and Budget (OMB) the following 
requirements for emergency review. The EAC is requesting an emergency 
review because the collection of this information is needed before the 
expiration of the normal time limits under OMB's regulations at 5 CFR 
part 1320(a)(2)(ii). The information collection at issue is necessary 
in order to provide for the certification of voting systems as mandated 
by the Help America Vote Act of 2002 (42 U.S.C. 15371). The EAC cannot 
reasonably comply with the normal clearance procedures because failure 
to implement this program in an expedited fashion is reasonably likely 
to result in a public harm, as stated in 5 CFR 1320.13(a)(2)(i).
    Approval of this emergency collection is essential in order to 
comply with Help America Vote Act of 2002 (42 U.S.C. 15371). HAVA 
requires that the EAC certify and decertify voting systems. Section 
231(a)(1) of HAVA specifically requires the EAC to ``provide for the 
certification, de-certification and re-certification of voting system 
hardware and software.'' This mandate represents the first time the 
Federal government will provide for the voluntary testing and 
certification of voting systems, nationwide. In response to this HAVA 
requirement, the EAC is developing the Voting System Testing and 
Certification Program. This program requires the submission and 
retention of information related to voting systems and voting system 
manufacturers.
    Until recently, national voting system certification was conducted 
by a private membership organization, the National Association of State 
Election Directors (NASED). NASED certified voting systems for a over a 
decade, using standards issued by the Federal government. The 
organization terminated its certification efforts on July 10, 2006. 
While the EAC and NASED have worked together to provide for the 
certification of emergency modifications necessary to properly field 
voting systems for the 2006 General Election, there is presently no 
mechanism in place to test and certify new systems or to process 
modifications for the 2008 Federal elections. Given the fact that (1) 
it can take years to develop, test, certify, sell and field a new or 
modified voting system, and (2) a large volume of voting systems (new, 
existing and modified) are expected to be submitted to the EAC upon 
initiation of the new Certification Program, it is imperative that the 
EAC's Voting System Testing and Certification Program begin on the 
earliest possible date. The 2008 Federal elections are less than 2 
years away. Ensuring that the certified voting systems are available 
for the 2008 Election Cycle is essential to the public welfare.
    1. Type of Information Collection Request: New collection;
    2. Title of Information Collection: EAC Voting System Testing and 
Certification Program Manual;
    3. Use: HAVA requires that the EAC certify and decertify voting 
systems (42 U.S.C. 15371). Section 231(a)(1) of HAVA specifically 
requires the EAC to ``* * * provide for the certification, de-
certification and re-certification of voting system hardware and 
software by the accredited laboratories.'' The EAC will perform this 
mandated function through the use of its Voting System Testing and 
Certification Program. Voting systems certified by the EAC will be used 
by citizens to cast votes in Federal Elections. Therefore, it is 
paramount that the program operates in a reliable and effective manner. 
In order to certify a voting system, it is necessary for the EAC to (1) 
require voting system manufacturers to submit information about their 
organization and the voting systems they submit for testing and 
certification; (2) require voting system manufacturers to retain voting 
system technical and test records; and (3) to provide a mechanism for 
election officials to report events which may effect a voting system's 
certification.
    4. Form Numbers: EAC-001C, 002C and 003C.
    5. Frequency: Voluntary Reporting--(1) Manufacturer Registration 
Form: one time when a manufacturer registers for the program, (2) 
Voting System Certification Application Form: as needed, when a 
manufacturer submits a voting system for testing and certification, and 
(3) Field Anomaly Reporting Form: as needed, when an election official 
voluntarily notifies the EAC of a witnessed voting system anomaly.
    6. Affected Public: Business or other for-profit institutions and 
state and local election officials;
    7. Number of Respondents: 94 annually;
    8. Total Annual Responses: 99 annually;
    9. Total Annual Hours: 119 hours, annually.
    EAC is requesting OMB review and approval of this collection by 
November 30, 2006, with a 180-day approval

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period. Written comments and recommendations will be considered from 
the public if received by the individuals designated below by October 
31, 2006.
    To obtain copies of the supporting statement, the Voting System 
Testing and Certification Program Manual or EAC forms referenced above, 
access the EAC Web site at http://www.eac.gov or mail your request, 
including your address, phone number, to Director of Voting System 
Certification, U.S. Election Assistance Commission, 1225 New York 
Avenue, Suite 1100, Washington, DC 20005; or fax the EAC Director of 
Voting System Certification at 202-566-1392.
    Interested persons are invited to send comments regarding the 
burden or any other aspect of these collections of information 
requirements. However, as noted above, comments on these information 
collection and recordkeeping requirements must be mailed and/or faxed 
to the designees referenced below by October 31, 2006: OMB Reviewer: 
Alexander T. Hunt, Office of Management and Budget, Room 10235, New 
Executive Office Building, Washington, DC 20503, (202) 395-7316.

Thomas R. Wilkey,
Executive Director, U.S. Election Assistance Commission.
[FR Doc. 06-8375 Filed 9-29-06; 8:45 am]
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