Office of Postsecondary Education - U.S. Department of Education

66942 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and RegulationsWReier-Aviles on DSKGBLS3C1PROD with RULES2We estimate that 3,774 individuals (testadministrators) will take, on average, .17hours (10 minutes) to access, read,complete and submit the writtencertification to a test publisher or State,which will increase burden by 642hours.We estimate that it will take each testpublisher or State 1 hour per testsubmission to develop its process toobtain a certification statement fromeach prospective test administrator,which will increase burden by 8 hours.We estimate that the review of thesubmitted written certifications by thetest publishers or States for the 3,774test administrators will take, on average,.08 hours (5 minutes) per certificationform, which will increase burden by 302hours.With regard to the requirement toimmediately notify the testadministrator, the Secretary, andinstitutions when the test administratoris decertified (see § 668.150(b)(6)), weestimate that 1 percent of the 3,774 testadministrators will be decertified. Weestimate that it will take test publishersand States, on average, 1 hour perdecertification to provide all of the finalnotifications, which will increaseburden for test publishers and States by38 hours.With regard to the requirement toreview test results of tests administeredby a decertified test administrator andimmediately to notify affectedinstitutions and students (see§ 668.150(b)(7)), we estimate thatburden will increase. We estimate that481,763 ATB tests will be taken for titleIV, HEA purposes annually. Of theannual total of ATB tests provided, weestimate that 1 percent will beimproperly administered and that 4,818individuals will be contacted, whichwill take, on average, .25 hours (15minutes) per individual. As a result, weestimate that burden will increase to testpublishers and States by 1,205 hours.In addition, we estimate that it willtake test publishers and States, onaverage, 5 hours per ATB test submitted,to develop the process to determinewhen ATB tests have been improperlyadministered, which for 8 approvedATB tests will increase burden by 40hours.We estimate that test publishers andStates will, on average, take .33 hours(20 minutes) for each of the 4,818estimated improperly administered ATBtests to make the final notifications toinstitutions, students and prospectivestudents, which will increase burden by1,590 hours.We estimate that 38 testadministrators (1 percent of the 3,774test administrators) will be decertified.Of the 38 decertified test administrators,we estimate that 1 previously decertifiedtest administrator (2 percent of38 test administrators) will be recertifiedafter a three-year period and,therefore, reported to the Secretary. Weestimate the burden for test publishersand States for this reporting will be 1hour. We project that it will be very rarethat a decertified test administrator willseek re-certification after the three-yeardecertification period.Under § 668.150(b)(13), testpublishers and States must providecopies of test anomaly analysis every 18months instead of every 3 years. Weestimate that it will take a test publisheror State, on average, 75 hours to conductits test anomaly analysis and report theresults to the Secretary every 18 months.We estimate the burden on testpublishers and States for the submissionof the 8 test anomaly analysis every 18months will be 600 hours.Under § 668.150(b)(15), testpublishers and States will be required toreport to the Secretary any credibleinformation indicating that a test hasbeen compromised (see§ 668.150(b)(15)). We estimate that481,763 ATB tests for title IV, HEApurposes will be given on an annualbasis. Of that total number ATB testsgiven, we estimate that 482 ATB testswill be compromised. On average, weestimate that test publishers and Stateswill take 1 hour per test to collect thecredible information to make thedetermination that a test will becompromised and report it to theSecretary. We estimate that burden willincrease by 482 hours.Section 668.150(b)(16) will requiretest publishers and States to report tothe Office of Inspector General of theDepartment of Education any credibleinformation indicating that a testadministrator or institution may haveengaged in civil or criminal fraud orother misconduct. We estimate that481,763 ATB tests for title IV, HEApurposes will be given on an annualbasis. Of that total number ATB testsgiven, we estimate that 482 ATB testswill be compromised. On average, weestimate that test publishers or Stateswill take 1 hour per test to collect thecredible information to make thedetermination that a test administratoror institution may have engaged in fraudor other misconduct and report it to theU.S. Department of Education’s Office ofthe Inspector General. We estimate that,as a result of this requirement, burdenwill increase by 482 hours.Section 668.150(b)(17) requires a testadministrator who provides a test to anindividual with a disability whorequires an accommodation in the test’sVerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00112 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2administration to report to the testpublisher or the State the nature of thedisability and the accommodations thatwere provided. Census data indicatethat 12 percent of the U.S. population isseverely disabled. We estimate that 12percent of the ATB test population(481,763 ATB test takers) or 57,812 ofthe ATB test takers will be individualswith disabilities that will needaccommodations for an ATB test. Weestimate that it will take .08 hours (5minutes) to report the nature of thedisability and any accommodation thatthe test administrator made for the testtaker, increasing burden by 4,625 hours.We estimate that, on average, testpublishers and States will take 2 hoursper ATB test to develop the process forhaving test administrators report thenature of the test taker’s disability andany accommodations provided. Weexpect this to result in an increaseburden for test publishers and States by16 hours (2 hours multiplied by 8 ATBtests).Collectively, the final changesreflected in § 668.150 will increaseburden by 10,031 hours in OMB ControlNumber 1845–0049.Section 668.151—Administration ofTestsSection 668.151(g)(4) will requireinstitutions to keep a record of eachindividual who took an ATB test andthe name and address of the testadministrator who administered the testand any identifier assigned to the testadministrator by the test publisher orthe State.We estimate that 481,763 ATB testsfor title IV, HEA purposes will be givenon an annual basis. We estimate thatproprietary institutions will give173,445 tests (36 percent of those ATBtests) and that, on average, the amountof time to record the test takers’ nameand address as well as the testadministrators’ identifiers will be .08hours (5 minutes) per test, increasingburden for proprietary institutions by13,876 hours.We estimate that private non-profitinstitutions will give 149,347 tests (31percent of the total annual ATB testsgiven) and that, on average, the amountof time to record the test takers’ nameand address, as well as the testadministrators’ identifiers will be .08hours (5 minutes) per test, increasingburden for private non-profitinstitutions by 11,948 hours.We estimate that public institutionswill give 158,962 tests (33 percent of thetotal annual ATB tests given) and that,on average, the amount of time to recordthe test takers’ name and address as wellas the test administrators’ identifiers