[Federal Register Volume 87, Number 250 (Friday, December 30, 2022)]
[Notices]
[Pages 80527-80528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28450]


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DEPARTMENT OF EDUCATION

[Docket No.: ED-2022-SCC-0117]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; Comment 
Request; Build America, Buy America Act (BABAA) Domestic Sourcing 
Requirements Waiver--United States Department of Education BABAA Waiver 
Request Form

AGENCY: Office of the Secretary (OS), Department of Education (ED).

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act (PRA) of 1995, 
the Department is proposing an extension without change of a currently 
approved information collection request (ICR).

DATES: Interested persons are invited to submit comments on or before 
January 30, 2023.

ADDRESSES: Written comments and recommendations for proposed 
information collection requests should be submitted within 30 days of 
publication of this notice. Click on this link www.reginfo.gov/public/do/PRAMain to access the site. Find this information collection request 
(ICR) by

[[Page 80528]]

selecting ``Department of Education'' under ``Currently Under Review,'' 
then check the ``Only Show ICR for Public Comment'' checkbox. 
Reginfo.gov provides two links to view documents related to this 
information collection request. Information collection forms and 
instructions may be found by clicking on the ``View Information 
Collection (IC) List'' link. Supporting statements and other supporting 
documentation may be found by clicking on the ``View Supporting 
Statement and Other Documents'' link.

FOR FURTHER INFORMATION CONTACT: For specific questions related to 
collection activities, please contact Pedro Romero, (202) 453-7886.

SUPPLEMENTARY INFORMATION: The Department is especially interested in 
public comment addressing the following issues: (1) is this collection 
necessary to the proper functions of the Department; (2) will this 
information be processed and used in a timely manner; (3) is the 
estimate of burden accurate; (4) how might the Department enhance the 
quality, utility, and clarity of the information to be collected; and 
(5) how might the Department minimize the burden of this collection on 
the respondents, including through the use of information technology. 
Please note that written comments received in response to this notice 
will be considered public records.
    Title of Collection: Build America, Buy America Act (BABAA) 
Domestic Sourcing Requirements Waiver--United States Department of 
Education BABAA Waiver Request Form.
    OMB Control Number: 1894-0018.
    Type of Review: Extension without change of a currently approved 
ICR.
    Respondents/Affected Public: State, local, and Tribal Governments.
    Total Estimated Number of Annual Responses: 470.
    Total Estimated Number of Annual Burden Hours: 4,700.
    Abstract: In accordance with section 70914 of the Build America Buy 
America Act (Pub. L. 117-58 sections 70901-70953) (BABAA), grantees 
funded under Department of Education (the Department) programs that 
allow funds to be used for infrastructure projects (infrastructure 
programs), i.e., construction and broadband infrastructure, may not use 
their grant funds for these infrastructure projects or activities 
unless they comply with the following BABAA sourcing requirements: (1) 
All iron and steel used in the infrastructure project or activity are 
produced in the United States, (2) All manufactured products used in 
the infrastructure project or activity are produced in the United 
States, and (3) All construction materials are manufactured in the 
United States.
    The Department may, in accordance with sections 70914(b) and (d), 
70921(b), 70935, and 70937 of BABAA, and the Office of Management and 
Budget Memorandum M 22-11, Initial Implementation Guidance on 
Application of Buy America Preference in Federal Financial Assistance 
Programs for Infrastructure, approve waivers to BABAA sourcing 
requirements submitted by grantees under programs it has identified as 
infrastructure programs when it determines that exceptions to these 
requirements apply. The Department may approve, subject to notice and 
comment requirements and the Office of Management and Budget Made in 
America Office (MIAO) review, the types of waivers listed below when 
one or more of the following conditions are met: (1) Public Interest 
Waiver--Applying the BABAA sourcing requirement would be inconsistent 
with the public interest, (2) Non-availability Waiver--The types of 
iron, steel, manufactured products, or construction materials are not 
produced in the United States in sufficient and 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 following 
two documents: (1) the Build America, Buy America Act (BABAA) Domestic 
Sourcing Requirements Waiver--United States Department of Education 
BABAA Waiver Request Form (BABAA Waiver Request Form); and (2) a 
document listing the BABAA Waiver Request Form data elements.

    Dated: December 27, 2022.
Stephanie Valentine,
PRA Coordinator, Strategic Collections and Clearance, Governance and 
Strategy Division, Office of Chief Data Officer, Office of Planning, 
Evaluation and Policy Development.
[FR Doc. 2022-28450 Filed 12-29-22; 8:45 am]
BILLING CODE 4000-01-P