22766 Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Notices 

Total Burden Cost (operating/ 

maintenance): None. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for Office of 

Management and Budget approval of the 

information collection request; they will 

also become a matter of public record. 

Dated: April 10, 2012. 

Mary Strasser, 

Director, AmeriCorps VISTA. 

[FR Doc. 2012–9117 Filed 4–16–12; 8:45 am] 

BILLING CODE 6050–$$–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DoD–2011–OS–0139] 

Submission for OMB Review; 

Comment Request 

ACTION: Notice. 

The Department of Defense has 

submitted to OMB for clearance, the 

following proposal for collection of 

information under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). 

DATES: Consideration will be given to all 

comments received by May 17, 2012. 

Title, Form, and OMB Number: 

Department of Defense Inventory of 

Contracts for Services Compliance; 

OMB Control Number 0704–TBD. 

Type of Request: New. 

Number of Respondents: 48,884. 

Responses Per Respondent: 1. 

Annual Responses: 48,884. 

Average Burden per Response: 5 

minutes. 

Annual Burden Hours: 4,074 hours. 

Needs and Uses: This collection is 

necessary to allow all DoD organizations 

to fully implement sections 235 and 

2330a of title 10, United States Code. 

The information requested, such as the 

Reporting Period, Contract Number, 

Task/Delivery Order Number, Customer 

Name and Address, Contracting Office 

Name and Address, Federal Supply 

Class or Service Code, Contractor Name 

and Address, Value of Contract 

Instrument, and the Number and Value 

of Direct Labor Hours will be used to 

facilitate the accurate identification of 

the function performed and to facilitate 

estimate the reliability of the data. The 

Direct Labor Hours are requested for use 

in calculating contractor manpower 

equivalents. This information is 

reported directly from the contractor 

because this is the most credible data 

source. 

Affected Public: Business or other for 

profit; not-for-profit institutions. 

Frequency: Annually. 

Respondent’s Obligation: Required to 

obtain or retain benefits. 

OMB Desk Officer: Ms. Jasmeet 

Seehra. 

Written comments and 

recommendations on the proposed 

information collection should be sent to 

Ms. Seehra at the Office of Management 

and Budget, Desk Officer for DoD, Room 

10236, New Executive Office Building, 

Washington, DC 20503. 

You may also submit comments, 

identified by docket number and title, 

by the following method: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

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. 

DoD Clearance Officer: Ms. Patricia 

Toppings. 

Written requests for copies of the 

information collection proposal should 

be sent to Ms. Toppings at WHS/ESD/ 

Information Management Division, 4800 

Mark Center Drive, East Tower, Suite 

02G09, Alexandria, VA 22350–3100. 

Dated: April 6, 2012. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2012–9147 Filed 4–16–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0177; Docket No. 

2011–0076; Sequence 4] 

Submission for OMB Review; 

Comment Request; Reporting 

Executive Compensation and First-Tier 

Subcontract Awards 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Notice. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act, the 

Regulatory Secretariat will be 

submitting to the Office of Management 

and Budget (OMB) a request to review 

and approve a previously approved 

information collection requirement for 

Reporting Executive Compensation and 

First-tier Subcontract Awards. An initial 

notice soliciting public comments on 

the information collection was 

published in the Federal Register at 75 

FR 39414, on July 8, 2010, as part of an 

interim rule under FAR case 2008–039. 

The public comments received on only 

the information collection are addressed 

in this notice under, SUPPLEMENTARY

INFORMATION. Comments on the rest of 

the interim rule will be addressed with 

the issuance of the final rule. 

Public comments are particularly 

invited on: whether this collection of 

information is necessary for the proper 

performance of functions of the Federal 

Acquisition Regulations (FAR), and 

whether it will have practical utility; 

whether our estimate of the public 

burden of this collection of information 

is accurate, and based on valid 

assumptions and methodology; ways to 

enhance the quality, utility, and clarity 

of the information to be collected; and 

ways in which we can minimize the 

burden of the collection of information 

on those who are to respond, through 

the use of appropriate technological 

collection techniques or other forms of 

information technology. 

DATES: Submit comments on or before 

May 17, 2012. 

ADDRESSES: Submit comments 

identified by Information Collection 

9000–0177, Reporting Executive 

Compensation and First-tier Subcontract 

Awards, by any of the following 

methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

searching the OMB control number. 

Select the link ‘‘Submit a Comment’’ 

that corresponds with ‘‘Information 

Collection 9000–0177, Reporting 

Executive Compensation and First-tier 

Subcontract Awards.’’ Follow the 

instructions provided at the ‘‘Submit a 

Comment’’ screen. Please include your 

name, company name (if any), and 

‘‘Information Collection 9000–0177, 

Reporting Executive Compensation and 

First-tier Subcontract Awards’’ on your 

attached document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(MVCB), ATTN: Hada Flowers, 1275 

First Street NE., Washington, DC 20417. 

• Instructions: Please submit 

comments only and cite ‘‘Information 

Collection 9000–0177, Reporting 


wreier-aviles on DSK5TPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Notices 22767 

Executive Compensation and First-tier 

Subcontract Awards,’’ in all 

correspondence related to this 

collection. All comments received will 

be posted without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: Mr. 

William Clark, Procurement Analyst, 

Contract Policy Division, at telephone 

202–219–1813 or via email to 

william.clark@gsa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Purpose 

The Federal Funding Accountability 

and Transparency Act (‘‘Transparency 

Act’’), Public Law 109–282, as amended 

by section 6202 of Public Law 110–252, 

was enacted to reduce ‘‘wasteful and 

unnecessary spending’’ by requiring that 

OMB establish a free, public, online 

database containing full disclosure of all 

Federal contract award information for 

awards of $25,000 or more. 

DoD, GSA, and NASA published an 

interim rule for public comment at 75 

FR 39414, on July 8, 2010, to implement 

the Transparency Act reporting 

requirements. The rule requires the 

insertion of FAR clause 52.204–10, 

Reporting Executive Compensation and 

First-Tier Subcontract Awards, in 

solicitations and contracts (including 

commercial item contracts and 

commercially available off-the-shelf 

(COTS) item contracts) of $25,000 or 

more. 

The clause at 52.204–10 requires, 

unless otherwise directed by the 

contracting officer, for first-tier 

subcontracts valued at $25,000 or more, 

prime contractors to report first-tier 

subcontract award data (e.g., name, 

amount, address, etc.). If the contractor 

in the previous tax year had gross 

income, from all sources, under 

$300,000, the contractor is exempt from 

the requirement to report first-tier 

subcontractor awards. If a first-tier 

subcontractor in the previous tax year 

had gross income from all sources under 

$300,000, the contractor does not need 

to report awards to that first-tier 

subcontractor. Contractors will provide 

these subcontract reports to the Federal 

Funding Accountability and 

Transparency Act Subaward Reporting 

System (FSRS) (http://www.fsrs.gov). 

DoD, GSA, and NASA note that there is 

pre-population of some data in FSRS 

from other Government systems. 

The clause at 52.204–10 also requires 

a contractor to report in the Central 

Contractor Registration (CCR) database 

at http://www.ccr.gov, the names and 

total compensation of each of its five 

most highly compensated executives for 

the contractor’s preceding completed 

fiscal year. Contractors and first-tier 

subcontractors are not required to report 

the total compensation information 

required by the rule, unless— 

(i) In the contractor or subcontractor’s 

preceding fiscal year, the contractor or 

subcontractor received— 

(1) 80 percent or more of its annual 

gross revenues in Federal contracts (and 

subcontracts), loans, grants (and 

subgrants), cooperative agreements; and 

(2) $25,000,000 or more in annual 

gross revenue from Federal contracts 

(and subcontracts), loans, grants (and 

subgrants), cooperative agreements; and 

(ii) The public does not have access 

to information about the compensation 

of the executives through periodic 

reports filed under section 13(a) or 15(d) 

of the Securities Exchange Act of 1934 

(15 U.S.C. 78m(a), 78o(d)) or section 

6104 of the Internal Revenue Code of 

1986. (To determine if the public has 

access to the compensation information, 

see the U.S. Security and Exchange 

Commission total compensation filings 

at http://www.sec.gov/answers/ 

execomp.htm.) 

II. Analysis of Public Comments 

Comments were received on the 

information collection requirement 

estimated annual burden as well as the 

interim rule. DoD, GSA, and NASA have 

revised the information collection 

requirement estimated annual burden as 

a result of analysis of the public 

comments. The comments on the rest of 

the interim rule will be addressed with 

the issuance of the final rule. The 

analysis of public comments is 

summarized as follows: 

Comment: A respondent commented 

that DoD, GSA, and NASA significantly 

underestimated the costs associated 

with the reporting requirements, and 

failed to include in the calculations of 

such costs the time required to research 

and obtain the required information. A 

respondent expressed concern about the 

overhead rate of 36.35 percent used in 

the ‘‘per hour’’ calculations. The 

respondent commented that a rate of 90 

percent is more accurate as the work 

will be performed by corporate 

personnel with both fringe and facility 

components. Additionally, the 

respondent indicated that while some 

subcontractors will be excluded from 

reporting compensation, prime 

contractors will be obligated to conduct 

research in order to ensure that 

subcontractor exclusion determinations 

are accurate. Several respondents 

opined that DoD, GSA, and NASA’s 

determination that prime contractors 

will require only 1 hour to comply with 

the reporting requirements does not 

anticipate the time and costs for 

complying with the clause. 

Response: DoD, GSA, and NASA have 

concluded that the reporting 

requirements are, for the most part, 

annual submissions, hence; the 

preparation of the reports does not 

require a full time position. A company 

officer or division manager or a 

company subcontract administrator, as 

part of their official duties, would have 

the professional skills necessary for the 

preparation of the report. DoD, GSA, 

and NASA point out that the overhead 

rate consist of employee paid benefits, 

time off, along with payroll taxes and 

other staff employment benefit-related 

expenses (direct personnel expense); not 

the cost of heating, lighting, rent, etc., 

(general and administrative expenses) 

which would be ongoing operating costs 

incurred by prime contractors 

notwithstanding the reporting 

requirements. Based on this 

information, DoD, GSA and NASA have 

determined that while the overhead rate 

of 36.35 percent used in the ‘‘per hour’’ 

calculations may appear to be low, the 

overhead rate of 36.35 is adequate for 

the estimated burden calculation. 

DoD, GSA, and NASA agree that 

prime contractors will require 

additional time to meet the reporting 

requirements, as such, the combined 

‘‘Preparation Hours per Response’’ time 

are revised from ‘‘1’’ hour to ‘‘2.12’’ 

hours. DoD, NASA and GSA note that 

a number of aspects of the clause may 

lessen the reporting requirement on 

businesses, including exceptions in the 

clause that exclude some contractors 

from reporting the information, and prepopulation of data in FSRS from other 

Government systems. 

Comment: Several respondents 

question the estimated cost to the public 

of $21 million to report subcontract 

award data, and commented that the 

cost is not sufficient to meet the 

Congressional intent of a free public 

Web site since the expense will borne 

by the taxpayer. Another respondent 

suggested that the Government consider 

the cost benefit of implementing the 

rule. 

Response: DoD, GSA, and NASA have 

revised the combined estimated cost to 

the public to be $36,478,804. While the 

respondent did not provide an 

alternative estimate or a basis to support 

its contention, the revised estimate is 

based on a re-evaluation of the time to 

meet the reporting requirement and 

Fiscal Year 2010 (FY10) FPDS data 

collected for the applicable contract 

actions. 

The reporting is required to 

implement the Transparency Act that 


wreier-aviles on DSK5TPTVN1PROD with NOTICES
22768 Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Notices 

was mandated by Congress. The 

Paperwork Burden Act information 

collection analysis was performed to 

determine the administrative burden on 

the public including the cost associated 

with collecting and reporting on the 

requirement. 

III. Annual Reporting Burden 

DoD, GSA, and NASA estimate the 

annual burden associated with reporting 

requirements of FAR 52.204–10 to be 

$36,478,804. 

1. Reporting first-tier subcontract 

award information. The FY10 Federal 

Procurement Data System (FPDS) data 

collected for new contract actions 

valued at $25,000 or greater, indicated 

that there were 76,889 contractors with 

unique DUNS numbers. DoD, GSA, and 

NASA estimate that based on the 

exemptions in the rule (e.g., contractors 

in the previous tax year with less than 

$300,000 in gross income do not have to 

report), seventy-five percent of the 

contractors with actions valued at 

$25,000 or greater would be subject to 

the reporting requirements. The burden 

to report the subcontractor award 

information (e.g., name, amount, 

address, etc.) under FAR 52.204–10 is 

estimated to average 2 hours per 

response for a prime contractor and 

approximately three first-tier 

subcontractors per prime contractor. We 

estimate the total annual public cost 

burden for these elements to be 

$31,370,848 based on the following: 

Respondents: 230,668. 

Responses per respondent: 1. 

Total annual responses: 230,668. 

Preparation hours per response: 2. 

Total response burden hours: 461,336. 

Average hourly wages ($50.00 + 

36.35% overhead. Rounded to nearest 

dollar): $68.00. 

Estimated cost to the public: 

$31,370,848. 

2. Reporting executive compensation. 

There were 625,884 active registrants in 

CCR as of January 1, 2012. Of the 

625,884 total active registrants, 620,777 

were screened out by two questions 

supporting the rule’s requirements, i.e., 

didn’t have 80% or more of their annual 

gross revenue in U.S. Federal contracts, 

grants, and/or cooperative agreements 

and didn’t make more than $25 million 

in annual gross revenue, or did have 

80% or $25 million from Federal 

contracts/grants/cooperative 

agreements, but the public already had 

access to the information. DoD, GSA, 

and NASA estimate that it would 

require those 620,777 registrants 0.10 

hours per response, for a total of 62,078 

response hours. 

A total of 5,107 CCR registrants have 

entered actual values for their top five 

most highly compensated executives. 

Additionally, there were 90 registrants 

that provided their executive 

compensation responses to FSRS rather 

than CCR. So, the total additional 

burden imposed to respond to all three 

questions posed in the reporting tool is 

5,197. DoD, GSA, and NASA estimate 

that it would require those 5,197 

registrants 2.5 hours to provide the 

information required, for a total of 

12,993 response hours. 

Therefore, DoD, GSA, and NASA 

estimate that the total population of 

respondents is 625,974, and the total 

estimated response hours is 75,071, 

resulting in a weighted average of 0.12 

hours per respondent for executive 

compensation reporting. 

The Councils estimate the total 

annual public cost burden for this 

element to be $5,107,956 based on the 

following: 

Respondents: 625,974 (subcontractors 

and prime contractors). 

Responses per respondent: 1. 

Total annual responses: 625,974. 

Preparation hours per response: 0.12. 

Total response burden hours: 75,117. 

Average hourly wages: ($50.00 + 

36.35% overhead): $68.00. 

Estimated cost to the public: 

$5,107,956. 

Based on the above calculations, DoD, 

GSA, and NASA estimate the total 

annual burden associated with reporting 

requirements of FAR 52.204–10 to be 

$36,478,804. The reporting burden 

includes the time for reviewing 

instructions, and reporting the data. It 

does not cover the time required to 

conduct research or the time to obtain 

the information for the data elements. 

Requesters may obtain a copy of the 

supporting statement from the General 

Services Administration, Regulatory 

Secretariat (MVCB), 1275 First Street 

NE., Washington, DC 20417, telephone 

202–501–4755. Please cite OMB Control 

No. 9000–0177, Reporting Executive 

Compensation and First-tier Subcontract 

Awards, in all correspondence. 

Dated: April 11, 2012. 

Laura Auletta, 

Director, Office of Governmentwide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Governmentwide Policy. 

[FR Doc. 2012–9112 Filed 4–16–12; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0055; Docket 2012– 

0076; Sequence 7] 

Federal Acquisition Regulation; 

Information Collection; Freight 

Classification Description 

AGENCIES: Department of Defense (DOD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Notice of request for public 

comments regarding an extension to an 

existing OMB clearance. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act, the 

Regulatory Secretariat will be 

submitting to the Office of Management 

and Budget (OMB) a request to review 

and approve an extension of a 

previously approved information 

collection requirement concerning 

freight classification description. 

Public comments are particularly 

invited on: Whether this collection of 

information is necessary for the proper 

performance of functions of the Federal 

Acquisition Regulations (FAR), and 

whether it will have practical utility; 

whether our estimate of the public 

burden of this collection of information 

is accurate, and based on valid 

assumptions and methodology; ways to 

enhance the quality, utility, and clarity 

of the information to be collected; and 

ways in which we can minimize the 

burden of the collection of information 

on those who are to respond, through 

the use of appropriate technological 

collection techniques or other forms of 

information technology. 

DATES: Submit comments on or before 

June 18, 2012. 

ADDRESSES: Submit comments 

identified by Information Collection 

9000–0055, Freight Classification 

Description, by any of the following 

methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘Information Collection 9000– 

0055, Freight Classification 

Description’’ under the heading ‘‘Enter 

Keyword or ID’’ and selecting ‘‘Search’’. 

Select the link ‘‘Submit a Comment’’ 

that corresponds with ‘‘Information 

Collection 9000–0055, Freight 

Classification Description’’. Follow the 

instructions provided at the ‘‘Submit a 

Comment’’ screen. Please include your 


wreier-aviles on DSK5TPTVN1PROD with NOTICES