
[Federal Register Volume 77, Number 216 (Wednesday, November 7, 2012)]
[Notices]
[Page 66831]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27161]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OA-2006-0278; FRL--9523-6]


Information Collection Request Submitted to OMB for Review and 
Approval; Comment Request; Participation by Disadvantaged Business 
Enterprises in Procurement Under EPA Financial Assistance Agreements 
(Reinstatement)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an 
information collection request (ICR), ``Participation by Disadvantaged 
Business Enterprises in Procurement under EPA Financial Assistance 
Agreements (Reinstatement)'' (EPA ICR No. 2047.04, OMB Control No. 
2090-0030) to the Office of Management and Budget (OMB) for review and 
approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.). This ICR expired on January 31, 2011. This is a request for 
reinstatement of a previously approved collection. Public comments were 
previously requested via the Federal Register (77 FR 32087) on May 31, 
2012 during a 60-day comment period. This notice allows for an 
additional 30 days for public comments. A fuller description of the ICR 
is given below, including its estimated burden and cost to the public. 
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.

DATES: Additional comments may be submitted on or before December 7, 
2012.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OA-
2006-0278, to (1) EPA online using www.regulations.gov (our preferred 
method), by email to oei.docket@epa.gov or by mail to: EPA Docket 
Center, Environmental Protection Agency, Mail Code 28221T, 1200 
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to 
oira_submission@omb.eop.gov. Address comments to OMB Desk Officer for 
EPA.
    EPA's policy is that all comments received will be included in the 
public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute.

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: 
Henderson.Teree@epa.gov.

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information that the EPA will be collecting are available in the 
public docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, EPA West, 
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit http://www.epa.gov/dockets.
    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.
    Form Numbers: EPA Form 6100-1a, 6100-1b, 6100-1c, 6100-1d, 6100-1e, 
6100-1f, 6100-1g, 6100-1h, 6100-1i, 6100-2, 6100-3, 6100-4.
    Respondents/Affected Entities: All recipients of EPA financial 
assistance agreements, and entities receiving identified loans under a 
financial assistance agreement capitalizing a revolving loan fund.
    Respondent's Obligation to Respond: Required to obtain or retain a 
benefit.
    Estimated Number of Respondents: 4,046
    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.
    Total Estimated Burden: 334,804 hours. Burden is defined at 5 CFR 
1320.03(b).
    Total Estimated Cost: $8,491,016 (per year), includes $0 annualized 
capital or operation & maintenance costs.
    Changes in the Estimates: This is a reinstatement of a previously 
approved ICR. This reinstatement is an increase of 10,662 hours in the 
total estimated burden over the previously approved ICR. This increase 
is due to a new burden estimate for the revised forms (EPA Forms 6100-
2, 6100-3, and 6100-4) and a correction of a previous miscalculation 
from the prior approved ICR 2047.02.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-27161 Filed 11-6-12; 8:45 am]
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