[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Pages 6223-6224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
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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:
     Federal eRulemaking Portal: To access and review all the 
documents related to the information collection listed is this notice, 
please use http://www.regulations.gov 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 
http://www.regulations.gov 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.
     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; 
[email protected].

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, [email protected].

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