Request for Waiver of the Recovery Act Buy American Provision Domestic Nonavailability Exception

Forms and Documents

Document Name	Status
Supporting Statements for 83-I - Edited.doc Supporting Statement A	2010-05-12

IC Document Collections

IC ID	Document Title	Status
192864	Request for Waiver of the Recovery Act Buy American Provision: Domestic Nonavailability Exception Other-Survey	New

ICR Details

OMB Control No: 1910-5152	ICR Reference No: 201005-1910-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOE/DOEOA	Agency Tracking No: Jeremy Schiffer
Title: Request for Waiver of the Recovery Act Buy American Provision Domestic Nonavailability Exception
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 05/14/2010
OIRA Conclusion Action: Approved with change	Conclusion Date: 06/15/2010
	Date Received in OIRA: 05/12/2010
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for 6 months. This collection is approved with the following terms of clearance: DOE is approved as an emergency clearance to meet American Reinvestment Recovery Act requirements. This collection will be valid for six months. If DOE decides to continue use of the collection past the approved emergency request clearance time period, it must resubmit to OMB under the normal PRA clearance process for a three-year approval.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2010	6 Months From Approved
Responses	200	0	0
Time Burden (Hours)	200	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This Information Collection Request provides a standardized, streamlined way for the Department of Energy to receive and process waiver requests for the Domestic Nonavailability Exception to Section 1605 of the Recovery Act. The Department will use the information provided to scout for domestic manufacturers and then to make waiver determinations on a case-by-case basis. The respondents will be recipients of EERE Recovery Act funding, including States, Counties, Cities, and Indian Tribes. In addition, trade organizations may also submit waiver requests for goods.

Emergency Justfication: Section 1605(a) of the Recovery Act prohibits the use of recovery funds for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States, or unless a waiver is granted by the head of the Federal department or agency. A waiver may be granted if the head of the Federal department or agency determines that one of three listed exceptions applies. This information collection provides a waiver template for cases when the iron, steel, or relevant manufactured good is not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality. The current system of navigating the waiver process is confusing and burdensome for EERE grantees, Project Officers, and Headquarters staff. Providing grantees with a standardized template and streamlined process for submitting waiver requests to EERE will reduce a substantial amount of confusion for all parties and allow EERE to conduct an expedited waiver determination process. EERE is making this collection request on an emergency basis because additional delays would cause significant difficulties for grantees that are under tight deadlines to obligate and spend Recovery Act funds. EERE expects to receive approximately 200 waiver requests after publication of the waiver request template. Numerous grantees have indicated that this standardized template is a very high priority for them, as they have shovel-ready projects that cannot commence until they satisfy the Buy American provision (Recovery Act Section 1605(a)) or receive a waiver allowing them to purchase foreign-made goods. EERE will use the information provided in the standardized template to scout for domestic manufacturers and make a nonavailability determination in a timely and transparent manner.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Request for Waiver of the Recovery Act Buy American Provision: Domestic Nonavailability Exception

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	200	0	0	0	200	0
Annual Time Burden (Hours)	200	0	0	0	200	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government:

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Yes

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 05/12/2010

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