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.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
12/31/2010
6 Months From Approved
200
0
0
200
0
0
0
0
0
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.
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.
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:
(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;
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.
Supporting Statements for 83-I - Edited.doc
Request for Waiver of the Recovery Act Buy American Provision: Domestic Nonavailability Exception