OST should submit ICR package for review prior to publication of the final rule.
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This is to request the Office of Management and Budget (OMB) to provide Paperwork Reduction Act clearance on five information collections associated with the Department's Disadvantaged Business Enterprise (DBE) program, four of which were included in the Notice of Proposed Rulemaking (NPRM), entitled "Disadvantaged Business Enterprise: Program Implementation Modifications," published on September 6, 2012. See 77 FR 54952. This collection concerns reports of DBE participation from DOT recipients to Federal Highway Administration (FHWA), Federal Transit Administration (FTA), and Federal Aviation Administration (FAA).
The increased burden for this collection results from four information collections that the Department is requesting OMB approval for the first time. The Department notes that it does not anticipate any changes in the burden associated with the one collection currently covered by this control number, the "Uniform Report of DBE Awards/Commitments and Payments."
On the one hand, the collections "Uniform Certification Application Form" and "Annual Affidavit of No Change" have long been integral parts of the regulatory make-up of the DBE program. The adoption and modification of these collections has also been done through numerous notice and comment rulemakings, but the Department has not until now placed these collections under the DBE Control Number. In the NPRM, the Department is also proposing revisions to both of these rulemakings, which, if adopted, would likely increase their burden beyond what the Department estimates is necessary for the current forms.
The second type of collections is the two new collections, the "Personal Net Worth Form" and the "Percentages of DBEs in Various Categories" collection. The "Personal Net Worth Form" is being proposed to replace the Department's current practice of requesting that DBEs complete an existing SBA form at the time they apply for certification, so it does not add new requirements per se, so much as it transfers that burden from being caused by the SBA form to being caused by this proposed form. The Department is also proposing to require that firms submit this form with their annual affidavit of no change, which would lead to an increased burden over current practice. The "Percentages of DBEs in Various Categories" collection institutes for the first time a long-standing statutory requirement.
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.
Form DOT Form 4630 Report of DBE Awards and Commitments
Supporting Statement for NPRM II final clean.docx
Correction Notice.pdf
Report of DBE Awards and Commitments