Agency Information Collection Activities: Proposed Collection; Comment Request; Rated Orders, Adjustments, Exceptions, or Appeals Under the Emergency Management Priorities and Allocations System (EMPAS)

Published date04 January 2021
Citation86 FR 113
Record Number2020-29029
SectionNotices
CourtFederal Emergency Management Agency
Federal Register, Volume 86 Issue 1 (Monday, January 4, 2021)
[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
                [Notices]
                [Pages 113-114]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-29029]
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                DEPARTMENT OF HOMELAND SECURITY
                Federal Emergency Management Agency
                [Docket ID: FEMA-2020-0040; OMB No. 1660-0150]
                Agency Information Collection Activities: Proposed Collection;
                Comment Request; Rated Orders, Adjustments, Exceptions, or Appeals
                Under the Emergency Management Priorities and Allocations System
                (EMPAS)
                AGENCY: Federal Emergency Management Agency, DHS.
                ACTION: 60-Day notice and request for comments.
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                SUMMARY: The Federal Emergency Management Agency, as part of its
                continuing effort to reduce paperwork and respondent burden, invites
                the general public to take this opportunity to comment on a revision of
                a currently approved information collection. In accordance with the
                Paperwork Reduction Act of 1995, this notice seeks comments concerning
                information necessary to support the President's priorities and
                allocations authority under the DPA implemented by the Emergency
                Management Priorities and Allocations System (EMPAS) regulation, which
                was added by FEMA's May 13, 2020, Emergency Management Priorities and
                Allocations System Interim Final Rule.
                DATES: Comments must be submitted on or before March 5, 2021.
                ADDRESSES: Submit comments at www.regulations.gov under Docket ID
                [[Page 114]]
                FEMA-2020-0040. Follow the instructions for submitting comments.
                 All submissions received must include the agency name and Docket
                ID, and will be posted, without change, to the Federal eRulemaking
                Portal at http://www.regulations.gov, and will include any personal
                information you provide. Therefore, submitting this information makes
                it public. You may wish to read the Privacy and Security Notice that is
                available via a link on the homepage of www.regulations.gov.
                FOR FURTHER INFORMATION CONTACT: Marc Geier, Office of Policy and
                Program Analysis, Federal Emergency Management Agency, 500 C Street SW,
                Washington, DC 20472, 202.924.0196 or [email protected]. You may
                contact the Information Management Division for copies of the proposed
                collection of information at email address: [email protected].
                SUPPLEMENTARY INFORMATION: This information is necessary to support the
                President's priorities and allocations authority under the DPA
                implemented by the Emergency Management Priorities and Allocations
                System (EMPAS) regulation (44 CFR part 333), which was added by FEMA's
                May 13, 2020, Emergency Management Priorities and Allocations System
                Interim Final Rule (RIN 1660-AB04). The purpose of this authority is to
                ensure the timely delivery of products, materials, and services to meet
                current national defense requirements. The definition of ``national
                defense'' in Section 702(14) of the DPA provides that this term
                includes ``homeland security,'' ``emergency preparedness activities''
                conducted pursuant to Section 602 of the Robert T. Stafford Disaster
                Relief and Emergency Assistance Act (Stafford Act) (42 U.S.C. 5195a),
                and ``critical infrastructure protection and restoration.''
                Collection of Information
                 Title: Rated Orders, Adjustments, Exceptions, or Appeals Under the
                Emergency Management Priorities and Allocations System (EMPAS).
                 Type of Information Collection: Revision of a currently approved
                information collection.
                 OMB Number: 1660-0150.
                 FEMA Forms: No forms.
                 Abstract: To help ensure the timely delivery of goods and services
                in support of approved emergency management programs, section 333.13 of
                the EMPAS regulation requires suppliers to accept or reject priority
                rated orders for these goods and services within established time
                periods (10 working days for a ``DX'' rated order and 15 working days
                for a ``DO'' rated order). Rated orders may be placed directly by the
                Federal Government on a contractor or supplier, or they may ``flow
                down'' from a contractor to subsequent subcontractors or suppliers.
                Additionally, FEMA may facilitate sales to third parties. Section
                333.13 also requires that certain emergency preparedness rated orders
                must be accepted or rejected within shorter time periods as specified
                in section 333.12(b). Section 333.13(d)(3) of the EMPAS regulation
                requires that, if after acceptance of a rated order the supplier
                discovers that shipment or performance against the order will be
                delayed, the supplier must notify the customer immediately in written
                electronic format, giving the reasons for the delay and advising the
                customer of a new shipment or performance date. This collection of
                information involves order communications between a Federal Government
                prime contractor and its subcontractors, unless FEMA is facilitating a
                sale to a third party. In those situations, FEMA would collect
                information on the customer as part of the sale facilitation.
                 Finally, under section 333.70 each request for adjustment or
                exception must be in writing and contain a complete statement of all
                the facts and circumstances related to 44 CFR part 333 or official
                action from which adjustment is sought and a full and precise statement
                of the reasons why relief should be provided. Under section 333.71, any
                person who has had a request for adjustment or exception denied by FEMA
                under section 333.70 may appeal to the Administrator. Each appeal must
                be in writing and contain a complete statement of all the facts and
                circumstances related to the action appealed from a full and precise
                statement of the reasons the decision should be modified or reversed.
                 Affected Public: For Profit Business; Private Non-Profit; State,
                local or Tribal government.
                 Estimated Number of Respondents: 26.
                 Estimated Number of Responses: 26.
                 Estimated Total Annual Burden Hours: 8.5.
                 Estimated Total Annual Respondent Cost: $533.
                 Estimated Respondents' Operation and Maintenance Costs: None.
                 Estimated Respondents' Capital and Start-Up Costs: None.
                 Estimated Total Annual Cost to the Federal Government: $188.
                Comments
                 Comments may be submitted as indicated in the ADDRESSES caption
                above. Comments are solicited to (a) evaluate whether the proposed data
                collection is necessary for the proper performance of the agency,
                including whether the information shall have practical utility; (b)
                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; (c) enhance the quality, utility, and
                clarity of the information to be collected; and (d) 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.
                Millicent L. Brown,
                Acting Records Management Branch Chief, Office of the Chief
                Administrative Officer, Mission Support, Federal Emergency Management
                Agency, Department of Homeland Security.
                [FR Doc. 2020-29029 Filed 12-31-20; 8:45 am]
                BILLING CODE 9111-19-P
                

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