Notice2023-01951
Agency Information Collection Activities; Comment Request; Build America, Buy America (BABA) Waiver Data Collection
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 31, 2023
Issuing agencies
Agriculture Department
Abstract
In accordance with the Paperwork Reduction Act of 1995, United States Department of Agriculture (USDA) is requesting the Office of Management and Budget (OMB) to conduct an emergency review of a new collection entitled "Build America, Buy America (BABA) Waiver Request Data Collection." This will be a common form for other Federal Agencies to adopt. Additionally, USDA is requesting public comments on the proposed information collection.
Full Text
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<title>Federal Register, Volume 88 Issue 20 (Tuesday, January 31, 2023)</title>
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[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Pages 6223-6224]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01951]
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Notices
Federal Register
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This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
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Federal Register / Vol. 88, No. 20 / Tuesday, January 31, 2023 /
Notices
[[Page 6223]]
DEPARTMENT OF AGRICULTURE
Office of the Chief Financial Officer
[Docket No. USDA-2023-0002]
Agency Information Collection Activities; Comment Request; Build
America, Buy America (BABA) Waiver Data Collection
AGENCY: Office of the Chief Financial Officer, USDA.
ACTION: Notice and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, United
States Department of Agriculture (USDA) is requesting the Office of
Management and Budget (OMB) to conduct an emergency review of a new
collection entitled ``Build America, Buy America (BABA) Waiver Request
Data Collection.'' This will be a common form for other Federal
Agencies to adopt. Additionally, USDA is requesting public comments on
the proposed information collection.
DATES: USDA is requesting emergency processing and OMB approval for
this information collection by January 31, 2023; and therefore, USDA is
requesting public comments on the BABA Waiver Data Collection by
January 31, 2023. A regular clearance process is also hereby being
initiated to provide the public with the opportunity to comment under
the full comment period. Interested persons are invited to submit
comments on or before April 3, 2023. Comments on this notice must be
received by April 3, 2023 to be assured of consideration.
ADDRESSES: Comments may be submitted by either of the following
methods:
<bullet> Federal eRulemaking Portal: To access and review all the
documents related to the information collection listed is this notice,
please use <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching the Docket ID number
USDA-2023-0002. Comments submitted in response to this notice should be
submitted electronically through the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">http://www.regulations.gov</a> by selecting the Docket ID number. This
website provides the ability to type short comments directly into the
comment field on this web page or attach a file for lengthier comments.
Follow the on-line instructions at that site for submitting comments.
<bullet> Postal Mail/Commercial Delivery: Written requests for
information or comments submitted by postal mail or delivery should be
addressed to Tyson P. Whitney, Director, Transparency and
Accountability Reporting Division, Office of the Chief Financial
Officer, Room 3027-S, Mail Stop 9011, U.S. Department of Agriculture,
1400 Independence Avenue SW, Washington, DC 20250;
<a href="/cdn-cgi/l/email-protection#0d59747e6263237a6564796368744d787e696c236a627b"><span class="__cf_email__" data-cfemail="3f6b464c5051114857564b515a467f4a4c5b5e11585049">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Tyson P. Whitney, Director,
Transparency and Accountability Reporting Division, Office of the Chief
Financial Officer, Room 3021-A, Mail Stop 9011, U.S. Department of
Agriculture, 1400 Independence Avenue SW, Washington, DC 20250; 202-
720-8978, <a href="/cdn-cgi/l/email-protection#eeba979d8180c09986879a808b97ae9b9d8a8fc0898198"><span class="__cf_email__" data-cfemail="eeba979d8180c09986879a808b97ae9b9d8a8fc0898198">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Title: Build America, Buy America (BABA) Waiver Request Data
Collection.
OMB Number: 0505-NEW.
Expiration Date of Approval: Three years from approval date.
Type of Request: New information collection.
Type of Respondents/Affected Public: State, local and Indian tribal
governments, Institutions of Higher Education (IHE), and nonprofit
organizations.
Total Estimated Number of Annual Responses: 1.
Total Estimated Number of Annual Burden Hours: 10.
The number of responses and the burden associated with this
information collection may differ from one Federal Agency to another.
The estimated number of annual responses is one response per applicant
per project, program, or agency (as applicable). When a Federal Agency
adopts the common form, they would provide their estimates for the
number of annual responses and burden hours to complete the form. The
number of respondents is not known at this time. Initial estimate for
burden hours per response is 10 hours and is based on the Department of
Education's estimate; most of this time would be used to conduct the
research needed to complete the form.
Abstract: In accordance with section 70914 of the Build America,
Buy America Act (Pub. L. 117-58 sections 70901-70952) (BABAA),
recipients and subrecipients funded under USDA's Federal financial
assistance programs that allow funds to be used for infrastructure
projects, i.e., construction and broadband infrastructure, may not use
their funds for these infrastructure projects unless they comply with
the following BABAA sourcing requirements: (1) All iron and steel used
in the project are produced in the United States; (2) All manufactured
products used in the project are produced in the United States; and (3)
All construction materials are manufactured in the United States.
USDA may, in accordance with sections 70914(b) and (d), 70921(b),
and 70935 of BABAA, and the OMB Memorandum M-22-11, Initial
Implementation Guidance on Application of Buy America Preference in
Federal Financial Assistance Programs for Infrastructure, approve
waivers to BABAA domestic sourcing requirements submitted by recipients
and subrecipients under a Federal financial assistance program when an
award may be used for an infrastructure project, regardless of whether
infrastructure is the primary purpose of the award. USDA may approve,
subject to notice and comment requirements, and the OMB Made in America
Office (MIAO) review, the types of waivers listed below when the
following conditions are met: (1) Public Interest Waiver--Applying the
BABAA domestic content procurement preference would be inconsistent
with the public interest, (2) Nonavailability Waiver--The types of
iron, steel, manufactured products, or construction materials are not
produced in the United States in sufficient reasonably available
quantities or of a satisfactory quality, and (3) Unreasonable Cost
Waiver--The inclusion of iron, steel, manufactured products, or
construction materials produced in the United States will increase the
cost of the overall project by more than 25 percent.
This is a new information collection, and it includes the form
entitled ``Build
[[Page 6224]]
America, Buy America (BABA) Waiver Request Data Collection.''
In accordance with the Paperwork Reduction Act of 1995 (PRA) (44
U.S.C. chapter 35) and Office of Management and Budget (OMB)
regulations at 5 CFR part 1320, this notice provides the general public
and Federal agencies with an opportunity to comment on the new
information collection. This will help USDA assess the impact of its
information collection requirements and minimize the public's reporting
burden.
USDA is soliciting comments on the proposed information collection
described below. This will be a common form available for other Federal
Agencies to adopt. The use of a common form will allow for greater
standardization of information collection. USDA is especially
interested in public comment addressing the following issues: (1)
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; (2) the accuracy of the
agency's estimate of the burden of the proposed collection of
information including the validity of the methodology and assumptions
used; (3) ways to enhance the quality, utility, and clarity of the
information to be collected; and (4) ways to minimize the burden of the
collection of information on those who are to respond, including the
use of appropriate automated, electronic, mechanical, or other
technological collection techniques or other forms of technology. All
responses to this notice will be summarized and included in the request
for OMB approval. All comments will become a matter of public record.
Additional Information: Pursuant to the OMB procedures established
at 5 CFR part 1320, USDA requests that the following information
collection, Build America, Buy America (BABA) Waiver Request Data
Collection, be processed in accordance with section 1320.13 Emergency
Processing. This information collection is essential to USDA's ability
to effectively approve waiver requests for USDA recipients and
subrecipients as required in accordance with section 70914 of BABAA and
OMB Memorandum M-22-11. This information collection will keep projects
moving and prevent immediate delays to critically important
infrastructure projects.
Tyson P. Whitney,
Director, Transparency and Accountability Reporting Division, Office of
the Chief Financial Officer, U.S. Department of Agriculture.
[FR Doc. 2023-01951 Filed 1-30-23; 8:45 am]
BILLING CODE 3410-KS-P
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