[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