Participation by Disadvantaged Business Enterprises in Procurement under Environmental Protection Agency (EPA) Financial Assistance Agreements (Final Rule)

Forms and Documents

Document Name	Status
Form 6100-1a Participation by Disadvantaged Business Enterprises in Procurement under Environmental Protection Agency (EPA) Financial Assistance Agreements Form and Instruction	New
2047.02 DBE 1-29-08.DOC Supporting Statement A	2008-01-30

IC Document Collections

IC ID	Document Title	Status
181388	Participation by Disadvantaged Business Enterprises in Procurement under Environmental Protection Agency (EPA) Financial Assistance Agreements Form and Instruction	New

ICR Details

OMB Control No: 2090-0030	ICR Reference No: 200805-2090-001
Status: Historical Active	Previous ICR Reference No: 200708-2090-001
Agency/Subagency: EPA/AdmO	Agency Tracking No: 2047.02
Title: Participation by Disadvantaged Business Enterprises in Procurement under Environmental Protection Agency (EPA) Financial Assistance Agreements (Final Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/01/2008
	Date Received in OIRA: 05/01/2008
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2011	36 Months From Approved
Responses	3,282	0	0
Time Burden (Hours)	331,250	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: This rule would consolidate existing provisions relating to EPA's Minority Business Enterprise (MBE) and Women's Business Enterprise (WBE) program currently found in 40 CFR Parts 30,31,35 and 40 into a new Part 33; the program would be renamed as EPA's Disadvantaged Business Enterprise (DBE) program. Part 33 is intended to harmonize EPA's statutory DBE procurement objectives with the United States Supreme Court decision in Adarand Constructors, Inc, v. Pena, 115 S. Ct. 2097 (1995).

---

Authorizing Statute(s): US Code: 42 USC 7601 Name of Law: Clean Air Act
   US Code: 42 USC 4370d Name of Law: Clean Water Act
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2090-AA38	Final or interim final rulemaking	73 FR 15904	03/26/2008

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

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

IC Title	Form No.	Form Name
Participation by Disadvantaged Business Enterprises in Procurement under Environmental Protection Agency (EPA) Financial Assistance Agreements	6100-1a, 6100-1b, 6100-1c, 6100-1d, 6100-1e, 6100-1f, 6100-1g, 6100-1h, 6100-1i, 6100-2, 6100-3, 6100-4	EPA DBE Certification Application (Sole Proprietorship) ,   EPA DBE Certification Application (Limited Liability Company) ,   EPA DBE Certification Application (Partnerships) ,   EPA DBE Certification Application (Corporations) ,   EPA DBE Certification Application (Alaska Native Corporations) ,   EPA DBE Certification Application (Tribally Owned Businesses) ,   EPA DBE Certification Application (Private and Voluntary Organizations) ,   EPA DBE Certification Application (Concerns Owned by Native Hawaiian Organizations) ,   EPA DBE Certification Application (Concerns Owned by Community Development Corporations) ,   DBE Program Subcontractor Participation Form ,   DBE Program Subcontractor Performance Form ,   DBE Program Subcontractor Utilization Form

---

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	3,282	0	0	3,282	0	0
Annual Time Burden (Hours)	331,250	0	0	331,250	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: This increase in burden is due to a new rule.

---

Annual Cost to Federal Government: $631,440

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]? Uncollected

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)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

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: 08/01/2007

---