Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Notices 24225 

statement of intended use for the 

explosives. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: There will be an estimated 

50,000 respondents, who will take 30 

minutes to comply with the required 

information. 

(6) An estimate of the total burden (in 

hours) associated with the collection: 

There are an estimated 25,000 total 

burden hours associated with this 

collection. 

If additional information is required 

contact: Jerri Murray, Department 

Clearance Officer, Policy and Planning 

Staff, Justice Management Division, 

Department of Justice, Two Constitution 

Square, Room 2E–502, 145 N Street NE., 

Washington, DC 20530. 

Jerri Murray, 

Department Clearance Officer, PRA, United 

States Department of Justice. 

[FR Doc. 2012–9682 Filed 4–20–12; 8:45 am] 

BILLING CODE 4410–FY–P 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms 

and Explosives 

[OMB Number 1140–0061] 

Agency Information Collection 

Activities: Proposed Collection; 

Comments Requested: Certificate of 

Compliance With 18 U.S.C. 922(g)(5)(B) 

ACTION: 60-Day Notice of information 

collection. 

The Department of Justice (DOJ), 

Bureau of Alcohol, Tobacco, Firearms 

and Explosives (ATF), will be 

submitting the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 

the Paperwork Reduction Act of 1995. 

The proposed information collection is 

published to obtain comments from the 

public and affected agencies. Comments 

are encouraged and will be accepted for 

‘‘sixty days’’ until June 22, 2012. This 

process is conducted in accordance with 

5 CFR 1320.10. 

If you have comments (especially on 

the estimated public burden or 

associated response time), suggestions, 

or need a copy of the proposed 

information collection instrument with 

instructions or additional information, 

please contact Tracey Robertson, Acting 

Chief, Federal Firearms Licensing 

Center, 244 Needy Road, Martinsburg, 

WV 25405 or via email at 

tracey.robertson@atf.gov. 

Written comments and suggestions 

from the public and affected agencies 

concerning the proposed collection of 

information are encouraged. Your 

comments should address one or more 

of the following four points: 

—Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

—Evaluate the accuracy of the agencies 

estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

—Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

—Minimize the burden of the collection 

of information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms 

of information technology, e.g., 

permitting electronic submission of 

responses. 

Summary of Information Collection 

(1) Type of Information Collection: 

Extension of a currently approved 

collection. 

(2) Title of the Form/Collection: 

Certificate of Compliance with 18 U.S.C. 

922(g)(5)(B). 

(3) Agency form number, if any, and 

the applicable component of the 

Department of Justice sponsoring the 

collection: Form Number: ATF F 

5330.20. Bureau of Alcohol, Tobacco, 

Firearms and Explosives. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: Business or other forprofit. Other: None. 

Need for Collection 

The law of 18 U.S.C. 922(g)(5)(B) 

makes it unlawful for any nonimmigrant 

alien to ship or transport in interstate or 

foreign commerce, or possess in or 

affecting commerce, any firearm or 

ammunition; or to receive any firearm or 

ammunition which has shipped or 

transported in interstate or foreign 

commerce. ATF F 5330.20 is for the 

purpose of ensuring that nonimmigrant 

aliens certify their compliance 

according to the law at 18 U.S.C. 

922(g)(5)(B). 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: It is estimated that 37,826 

respondents will complete the form in 

3 minutes. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: There are an estimated 

1891.3 annual total burden hours 

associated with this collection. 

If additional information is required 

contact: Jerri Murray, Department 

Clearance Officer, Policy and Planning 

Staff, Justice Management Division, 

Department of Justice, Two Constitution 

Square, Room 2E–508, 145 N Street NE., 

Washington, DC 20530. 

Jerri Murray, 

Department Clearance Officer, United States 

Department of Justice. 

[FR Doc. 2012–9681 Filed 4–20–12; 8:45 am] 

BILLING CODE 4410–FY–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Information Collection Approval; 

Temporary Non-Agricultural 

Employment of H–2B Aliens in the 

United States 

AGENCY: Employment and Training 

Administration, Department of Labor. 

ACTION: Notice of Office of Management 

and Budget (OMB) approval of 

information collection requirements. 

SUMMARY: The Paperwork Reduction Act 

(PRA) requires this notice to set forth 

the effectiveness of information 

collection requirements contained in 20 

CFR part 655, related to the Temporary 

Non-Agricultural Employment of H–2B 

Aliens in the United States; Final Rule. 

See 77 FR 10038, Feb. 21, 2012. 

DATES: On April 8, 2012, OMB approved 

under the PRA the Department of 

Labor’s information collection request 

for requirements in 20 CFR part 655. 

The current expiration date for OMB 

authorization for this information 

collection is April 30, 2015. 

ADDRESSES: Written comments 

regarding the burden-hour estimates or 

other aspects of the information 

collection requirements contained in 20 

CFR part 655 may be submitted to: 

William L. Carlson, Ph.D., 

Administrator, Office of Foreign Labor 

Certification, Employment and Training 

Administration, 200 Constitution 

Avenue NW., Room C–4312, 

Washington, DC 20210. 

FOR FURTHER INFORMATION CONTACT: 

William L. Carlson, Ph.D., 

Administrator, Office of Foreign Labor 

Certification, Employment and Training 

Administration, 200 Constitution 

Avenue NW., Room C–4312, 

Washington, DC 20210; Telephone: 


rmajette on DSK2TPTVN1PROD with NOTICES
24226 Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Notices 

(202) 693–3010 (this is not a toll-free 

number). 

Questions of interpretation and/or 

enforcement of regulations referenced in 

this notice may be directed to: Michael 

S. Jones, Acting Administrator, Office of 

Policy Development and Research, 

Employment and Training 

Administration, U.S. Department of 

Labor, Room N–5641, 200 Constitution 

Avenue NW., Washington, DC 20210; 

telephone: (202) 693–3700 (this is not a 

toll-free number). 

This notice is available through the 

printed Federal Register and 

electronically via the http:// 

www.gpo.gov/fdsys/browse/ 

collection.action?collectionCode=FR 

Web site. Copies of this notice may be 

obtained in alternative formats (Large 

Print, Braille, Audio Tape or Disc), upon 

request, by calling (202) 693–0023 (not 

a toll-free number). TTY/TDD callers 

may dial toll-free (877) 889–5627 to 

obtain information or request materials 

in alternative formats. 

SUPPLEMENTARY INFORMATION: OMB has 

approved under the PRA information 

collection requirements contained in 

recently revised final regulations under 

the Immigration and Nationality Act 

published by the Department of Labor in 

the Federal Register on February 21, 

2012. See 77 FR 10038. The purpose of 

the Final Rule was to amend the H–2B 

regulations at 20 CFR part 655, Subpart 

A governing the certification of 

temporary employment of 

nonimmigrant workers in temporary or 

seasonal non-agricultural employment 

to provide for increased worker 

protections and improve program 

integrity. 

On April 8, 2012, OMB approved the 

Department’s information collection 

request under Control Number 1215– 

0466, thus giving effect to the 

requirements, as announced and 

published in the Federal Register on 

February 21, 2012, under the PRA. The 

current expiration date for OMB 

authorization for this information 

collection is April 30, 2015. 

Signed in Washington, this 16th day of 

April, 2012. 

Jane Oates, 

Assistant Secretary, Employment and 

Training Administration. 

[FR Doc. 2012–9613 Filed 4–20–12; 8:45 am] 

BILLING CODE 4510–FP–P 

OFFICE OF MANAGEMENT AND 

BUDGET 

Office of Federal Procurement Policy 

Determination of Benchmark 

Compensation Amount for Certain 

Executives 

AGENCY: Office of Federal Procurement 

Policy, OMB. 

ACTION: Notice. 

SUMMARY: The Office of Management 

and Budget is publishing the attached 

memorandum to the Heads of Executive 

Departments and Agencies announcing 

that $763,029 is the ‘‘benchmark 

compensation amount’’ for certain 

executives in terms of costs allowable 

under Federal Government contracts 

during contractors’ fiscal year 2011. 

This determination is required under 

Section 39 of the Office of Federal 

Procurement Policy Act, as amended (41 

U.S.C. 1127; formerly, 41 U.S.C. 435). 

The benchmark compensation amount 

applies to both defense and civilian 

agencies. 

FOR FURTHER INFORMATION CONTACT: 

Raymond Wong, Office of Federal 

Procurement Policy, at 202–395–6805. 

Lesley A. Field, 

Acting Administrator, Office of Federal 

Procurement Policy. 

MEMORANDUM FOR THE HEADS OF 

EXECUTIVE DEPARTMENTS AND 

AGENCIES 

FROM: Lesley A. Field, Acting 

Administrator, Office of Federal 

Procurement Policy 

SUBJECT: Determination of Benchmark 

Compensation Amount for Certain 

Executives, Pursuant to Section 39 of 

the Office of Federal Procurement 

Policy Act, as amended (41 U.S.C. 

1127) 

This memorandum sets forth the 

benchmark compensation amount for 

certain executives as required by 

Section 39 of the Office of Federal 

Procurement Policy (OFPP) Act, as 

amended (41 U.S.C. 1127; formerly, 41 

U.S.C. 435). The statutory benchmark 

amount limits the allowability of 

compensation costs under Federal 

Government contracts as implemented 

at FAR 31.205–6(p). In less technical 

terms, the statute places a cap on the 

amount of contractor-paid executive 

compensation that the Federal 

Government will reimburse, in the case 

of those contractors that are performing 

contracts that are of a cost-reimbursable 

or other cost-based nature. It should be 

noted that, while the statute places a 

cap on the amount that the Federal 

Government will reimburse the 

contractor, the statute does not limit the 

amount of compensation that the 

contractor actually pays to its 

executives; contractors can, and do, 

provide compensation to their 

executives that exceed the statutory 

benchmark compensation amount. 

Section 39 of the OFPP Act sets out 

a formula for determining the 

benchmark compensation amount. 

Specifically, the benchmark amount is 

set at the median (50th percentile) 

amount of compensation over a recent 

12-month period for the five most 

highly compensated employees in 

management positions at each home 

office and each segment of all publiclyowned companies with annual sales 

over $50 million, and the determination 

is based on analysis of data made 

available by the Securities and 

Exchange Commission. Compensation 

for the fiscal year means the total 

amount of wages, salaries, bonuses, 

restricted stock, deferred and 

performance incentive compensation, 

and other compensation for the year, 

whether paid, earned, or otherwise 

accruing, as recorded in the employer’s 

cost accounting records for the year. 

After consultation with the Director of 

the Defense Contract Audit Agency, 

OFPP has determined, pursuant to the 

requirements of Section 39, that the 

benchmark compensation amount for 

certain executives for the contractors’ 

fiscal year (FY) 2011 is $763,029. This 

amount is for contractors’ FY 2011 and 

subsequent contractor fiscal years, 

unless and until revised by OFPP. This 

benchmark compensation amount 

applies to contract costs incurred after 

January 1, 2011, under covered 

contracts of both the defense and 

civilian procurement agencies as 

specified in Section 39. 

This past fall, the Administration 

proposed that Congress, starting with 

FY 2011, replace the existing statutory 

formula for calculating the cap on the 

amount that the Federal Government 

will reimburse Federal contractors (both 

defense and civilian). This proposal was 

contained in the President’s Plan for 

Economic Growth and Deficit 

Reduction, which is on OMB’s Web site 

at http://www.whitehouse.gov/sites/ 

default/files/omb/budget/fy2012/assets/ 

jointcommitteereport.pdf. In place of the 

formula that is in Section 39, the 

President’s Plan proposed (on page 21) 

that Congress put in place a 

reimbursement cap that would be equal 

to the pay rate for the Federal 

Government’s most senior executives, 

who are the heads of the 15 Cabinet 

departments and certain other highlevel officials. These senior-most 


rmajette on DSK2TPTVN1PROD with NOTICES