[Federal Register Volume 77, Number 105 (Thursday, May 31, 2012)]
[Pages 32087-32088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13188]

[[Page 32087]]



[EPA-HQ-OA-2006-0278; FRL-9669-9]

Agency Information Collection Activities; Proposed Collection; 
Comment Request; Participation by Disadvantaged Business Enterprises in 
Procurement Under Environmental Protection Agency (EPA) Financial 
Assistance Agreements (Renewal); EPA ICR No. 2047.04

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C. 
3501 et seq.), this document announces that EPA is planning to submit a 
request to reinstate an Information Collection Request (ICR) to the 
Office of Management and Budget (OMB). This ICR expired on January 31, 
2011. Before submitting the ICR to OMB for review and approval, EPA is 
soliciting comments on specific aspects of the proposed information 
collection as described below.

DATES: Comments must be submitted on or before July 30, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OA-
2006-0278, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected].
     Fax: 202-566-9744.
     Mail: OEI Docket, Environmental Protection Agency, 
Mailcode: 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, Environmental Protection 
Agency, Room 3334, 1301 Constitution Ave. NW., Washington, DC. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OA-2006-
0278. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider CBI 
or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Teree Henderson, Office of Small 
Business Programs, Mailcode: 1230T, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 
202-566-2222; fax number: 202-566-0548; email address: 
[email protected].


How can I access the docket and/or submit comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OA-2006-0278, which is available for online viewing at 
www.regulations.gov, or in person viewing at the Office of 
Environmental Information Docket in the EPA Docket Center (EPA/DC), EPA 
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA/DC 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Reading 
Room is 202-566-1744, and the telephone number for the Office of 
Environmental Information Docket is 202-566-1752. Use 
www.regulations.gov to obtain a copy of the draft collection of 
information, submit or view public comments, access the index listing 
of the contents of the docket, and to access those documents in the 
public docket that are available electronically. Once in the system, 
select ``search,'' then key in the docket ID number identified in this 

What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it to:
    i. Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility;
    ii. Evaluate the accuracy of the Agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    iii. Enhance the quality, utility, and clarity of the information 
to be collected; and
    iv. Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your 
    1. Explain your views as clearly as possible and provide specific 
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What information collection activity or ICR does this apply to?

    Affected entities: Entities potentially affected by this action are 
all recipients of EPA financial assistance agreements,

[[Page 32088]]

and any entities receiving identified loans under a financial 
assistance agreement capitalizing a revolving loan fund.
    Title: Participation by Disadvantaged Business Enterprises in 
Procurement under EPA Financial Assistance Agreements (Reinstatement).
    ICR numbers: EPA ICR No. 2047.04, OMB Control No. 2090-0030.
    ICR status: This ICR expired on January 31, 2011. An Agency may not 
conduct or sponsor, and a person is not required to respond to, a 
collection of information, unless it displays a currently valid OMB 
control number. The OMB control numbers for EPA's regulations in title 
40 of the CFR, after appearing in the Federal Register when approved, 
are listed in 40 CFR part 9, are displayed either by publication in the 
Federal Register or by other appropriate means, such as on the related 
collection instrument or form, if applicable. The display of OMB 
control numbers in certain EPA regulations is consolidated in 40 CFR 
part 9.
    Abstract: EPA currently requires an entity to be certified in order 
to be considered a Minority Business Enterprise (MBE) or Women's 
Business Enterprise (WBE) under EPA's Disadvantaged Business Enterprise 
(DBE) Program. EPA currently requires an entity to first attempt to 
become certified by a federal agency (e.g., the Small Business 
Administration (SBA), or the Department of Transportation (DOT)), or by 
a State, locality, Indian Tribe or independent private organization so 
long as their applicable criteria match those under Section 8(a)(5) and 
(6) of the Small Business Act and applicable implementing regulations. 
EPA only certifies firms that are denied certification by one of these 
entities. To qualify as an MBE or WBE under EPA's programs an entity 
must establish that it is owned and/or controlled by socially and 
economically disadvantaged individuals who are of good character and 
are citizens of the United States. Entities that meet the 
aforementioned requirements and wish to obtain an EPA DBE certification 
must submit a DBE Certification Application to the Office of Small 
Business Programs based on business type: Sole Proprietorship (6100-
1a); Limited Liability Company (6100-1b); Partnership (6100-1c); 
Corporation (6100-1d); Alaska Native Corporation (6100-1e); Tribally 
Owned Business (6100-1f); Private and Voluntary Organization (6100-1g); 
Native Hawaiian Organization (6100-1h); or Community Development 
Corporation (6100-1i).
    The EPA DBE Program also includes contract administration 
requirements designed to prevent unfair practices that adversely affect 
DBEs. There are three forms associated with these requirements: EPA 
Form 6100-2 (DBE Subcontractor Participation Form), EPA Form 6100-3 
(DBE Subcontractor Performance Form), and EPA Form 6100-4 (DBE 
Subcontractor Utilization Form). The requirements to complete these 
forms are intended to prevent any ``bait and switch'' tactics at the 
subcontract level by prime contractors which may circumvent the spirit 
of the DBE Program.
    Burden Statement: The combined total annual public reporting and 
recordkeeping burden for all forms associated with this collection of 
information is estimated to average three (3) hours and fifteen (15) 
minutes per response. Burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal agency. This burden 
estimate includes the time needed to review instructions, develop, 
acquire, install, and utilize technology and systems for the purposes 
of collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements which have subsequently changed; train 
personnel to be able to respond to a collection of information; search 
data sources; complete and review the collection of information; and 
transmit or otherwise disclose the information. The ICR provides a 
detailed explanation of the Agency's estimate, which is only briefly 
summarized here:
     Estimated total number of potential respondents: 3600.
     Frequency of response: Certification: Every three years or 
more often as required. Form 6100-2: As needed, Form 6100-3 and Form 
6100-4: At the time of bid or proposal.
     Estimated total average number of responses for each 
respondent: 3600.
     Estimated total annual burden hours: 11,700 (three hours 
and fifteen minutes per respondent).
     Estimated total annual costs: $146,916. This includes an 
estimated burden cost of $146,916, and an estimated cost of $0 for 
capital investment or maintenance and operational costs.

Are there changes in the estimates from the last approval?

    There will be a change in the total estimated respondent burden 
compared with that identified in the ICR currently approved by OMB. The 
6100-2, -3, and -4 forms have been revised to include more detailed 
instructions, which should decrease the amount of time it takes to 
complete each form.

What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: May 13, 2012.
John Reeder,
Deputy Chief of Staff.
[FR Doc. 2012-13188 Filed 5-30-12; 8:45 am]