[Federal Register Volume 91, Number 91 (Tuesday, May 12, 2026)]
[Notices]
[Page 25869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-09374]


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DEPARTMENT OF EDUCATION

[Docket No.: ED-2026-SCC-1552]


Agency Information Collection Activities; 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 a reinstatement without change of a 
previously approved information collection request (ICR).

DATES: Interested persons are invited to submit comments on or before 
July 13, 2026.

ADDRESSES: To access and review all the documents related to the 
information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED-2026-SCC-1552. 
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 or via postal 
mail, commercial delivery, or hand delivery. If the regulations.gov 
site is not available to the public for any reason, the Department will 
temporarily accept comments at [email protected]. Please include the 
docket ID number and the title of the information collection request 
when requesting documents or submitting comments. Please note that 
comments submitted after the comment period will not be accepted. 
Written requests for information or comments submitted by postal mail 
or delivery should be addressed to the Grant Policy Office, U.S. 
Department of Education, 400 Maryland Ave. SW, LBJ, Room 4B274, 
Washington, DC 20202.

FOR FURTHER INFORMATION CONTACT: For specific questions related to 
collection activities, please contact John English, 
[email protected].

SUPPLEMENTARY INFORMATION: The Department, in accordance with the 
Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), 
provides the general public and Federal agencies with an opportunity to 
comment on proposed, revised, and continuing collections of 
information. This helps the Department assess the impact of its 
information collection requirements and minimize the public's reporting 
burden. It also helps the public understand the Department's 
information collection requirements and provide the requested data in 
the desired format. The Department is soliciting comments on the 
proposed information collection request (ICR) that is described below. 
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: A reinstatement without change of a previously 
approved ICR.
    Respondents/Affected Public: State, Local, and Tribal Governments; 
Private Sector.
    Total Estimated Number of Annual Responses: 47.
    Total Estimated Number of Annual Burden Hours: 470.
    Abstract: In accordance with section 70914 of the Build America Buy 
America Act (Pub. L. 117-58 Sec. Sec.  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.

Ross Santy,
Chief Data Officer, Office of Planning, Evaluation and Policy 
Development.
[FR Doc. 2026-09374 Filed 5-11-26; 8:45 am]
BILLING CODE 4000-01-P