[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Notices]
[Pages 12925-12926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04842]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Office of the Chief Financial Officer


Notice of Intent To Extend and Revise a Currently Approved 
Information Collection

AGENCY: Office of the Chief Financial Officer, USDA.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: This notice announces the intention of the Office of the Chief 
Financial Officer to request the renewal and revision of a currently 
approved information collection (OMB No. 0505-0025) associated with (1) 
Representations Regarding Felony Conviction and Tax Delinquent Status 
For Corporate Applicants and (2) Assurance Regarding Felony Conviction 
or Tax Delinquent Status For Corporate Applicants. The assurance 
information collection is no longer used.

DATES: Comments on this notice must be received by May 9, 2022 to be 
assured of consideration.

ADDRESSES: Comments may be submitted by either of the following 
methods:
     Federal eRulemaking Portal: This website permits short 
comments in a comment field on the web page or file attachments for 
lengthier comments. Go to https://www.regulations.gov for instructions.
     Postal Mail/Commercial Delivery: Attention: Tyson P. 
Whitney, Director, Transparency and Accountability Reporting Division, 
Office of the Chief Financial Officer, Room 3027-S, Mail Stop 9011, 
U.S. Department of Agriculture, 1400 Independence Avenue SW, 
Washington, DC 20250; [email protected].
    All comments will be available for public inspection and posted 
without change, including any personal information, to https://www.regulations.gov. Out of an abundance of caution for USDA employees 
and the public, onsite review is closed, with limited exceptions, to 
reduce the risk of COVID-19 transmission. However, remote customer 
service will continue via email at the contact information cited above. 
The public is encouraged to submit comments via https://www.regulations.gov or email, as there may be a delay in processing 
mail. Hand deliveries and couriers may be received by scheduled 
appointment only.

FOR FURTHER INFORMATION CONTACT: Tyson P. Whitney, Director, 
Transparency and Accountability Reporting Division, Office of the Chief 
Financial Officer, Room 3027-S, Mail Stop 9011, U.S. Department of 
Agriculture, 1400 Independence Avenue SW, Washington, DC 20250; 202-
720-8978, [email protected].

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act of 1995 (44 U.S.C. chapter 35) and Office of Management and Budget 
(OMB) regulations at 5 CFR part 1320, this notice announces the 
intention of the USDA Office of the Chief Financial Officer to request 
the renewal of a currently approved information collection (OMB No. 
0505-0025) associated with (1) Representations Regarding Felony 
Conviction and Tax Delinquent Status For Corporate Applicants and (2) 
Assurance Regarding Felony Conviction or Tax Delinquent Status For 
Corporate Applicants. The assurance information collection is no longer 
used.
    Title: (1) Representations Regarding Felony Conviction and Tax 
Delinquent Status For Corporate Clients and (2) Assurance Regarding 
Felony Conviction or Tax Delinquent Status For Corporate Applicants (no 
longer used).
    OMB Number: 0505-0025.
    Expiration Date of Current Approval: June 30, 2022.
    Type of Request: Intent to extend and revise a currently approved 
information collection for three years.
    Abstract: The U.S. Department of Agriculture's (USDA) agencies and 
staff offices must comply with the restrictions set forth in sections 
744 and 745 of the Consolidated Appropriations Act, 2021, Public Law 
116-260, as amended and/or subsequently enacted, hereinafter Public Law 
116-260, which prevents agencies from doing business with corporations 
that (1) have been convicted of a felony criminal violation under 
Federal law within 24 months preceding the award and/or (2) have any 
unpaid Federal tax liability that has been assessed, for which all 
judicial administrative remedies have been exhausted or have lapsed, 
and that is not being paid in a timely manner pursuant to an agreement 
with the authority responsible for collecting the tax liability; unless 
the agency or staff office has considered suspension or

[[Page 12926]]

debarment of the recipient corporation and made a determination that 
suspension or debarment is not necessary to protect the interests of 
the Government.
    To comply with the appropriation restrictions, the information 
collection requires corporate applicants for USDA programs to represent 
accurately if they have or do not have qualifying felony convictions or 
tax delinquencies that would prevent entrance into proposed business 
transactions with USDA. For nonprocurement programs and transactions, 
these representations are collected on Form AD-3030 (Representations 
Regarding Felony Conviction and Tax Delinquent Status For Corporate 
Applicants. This notice and proposed renewal of an approved information 
collection deal only with USDA nonprocurement transactions. The 
categories of nonprocurement transactions covered include: 
Nonprocurement contracts, grants, loans, loan guarantees, cooperative 
agreements, and some memoranda of understanding/agreement. For more 
specific information about whether a particular nonprocurement program 
or transaction is included in this list please contact the USDA agency 
or staff office responsible for the program or transaction in question.
    The representations continue to be required as reflected in Public 
Law 116-260. To ensure that USDA agencies and staff offices are 
positioned to continue compliance with the appropriation restrictions 
for their duration, the Office of the Chief Financial Officer is 
issuing this renewal approval notice for another formal three-year 
clearance of the information collection request. Should the 
appropriation restrictions become ineffective or not be continued 
during the three-year clearance period, this information request will 
be canceled when it is no longer required. This information is also 
captured in the General Services Administration's System for Award 
Management general certification and representation process.
    Form AD-3030 (required during the application process) prompts 
compliance with the appropriation restrictions by requiring all 
corporate applicants to represent, at the time of application for a 
nonprocurement program, whether or not they have any felony convictions 
or tax delinquencies that would prevent USDA from doing business with 
them. Form AD-3031 (applicable at the time of the award) required an 
affirmative representation that corporate awardees for nonprocurement 
transactions do not have any felony convictions or tax delinquencies. 
It is no longer used. Corporations (for profit and non-profit entities) 
include, but are not limited to, any entity that has filed articles of 
incorporation in one of the 50 States, the District of Columbia, or the 
various territories of the United States.
    Collection of this information is necessary to ensure that USDA 
agencies and staff offices comply with the appropriation restrictions 
prohibiting the Government from doing business with corporations with 
felony convictions and/or tax delinquencies.
    Estimate of Burden: Public reporting burden for this total 
collection of information is estimated to average 0.25 hours per 
response per individual form. This burden is assumed for both forms.
    Frequency of Collection: Other: Corporations--AD-3030--each time 
they apply to participate in a multitude of USDA nonprocurement 
programs.
    Type of Respondents: Corporate applicants for USDA nonprocurement 
programs, including grants, cooperative agreements, loans, loan 
guarantees, some memoranda of understanding/agreement, and 
nonprocurement contracts.
    Estimated Number of Annual Respondents: 75,580.
    Estimated Number of Responses per Respondent: 2.
    Estimated Total Annual Burden on Respondents: 37,790.

----------------------------------------------------------------------------------------------------------------
                                                                                                   Total annual
                                     Number of       Number of       Number of     Average time      burden on
              Form                  respondents    responses per     responses      to prepare      respondents
                                                    respondent                         (hrs)           (hrs)
----------------------------------------------------------------------------------------------------------------
AD-3030.........................          75,580               2         151,160            0.25          37,790
                                 -------------------------------------------------------------------------------
    Total.......................          75,580               2         151,160            0.25          37,790
----------------------------------------------------------------------------------------------------------------

    Comments from interested parties are invited on: (1) 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; (2) 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; (3) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (4) ways to minimize the burden of the 
collection of information on those who are to respond, including the 
use of appropriate automated, electronic, mechanical, or other 
technological collection techniques or other forms of information 
technology. All responses to this notice will be summarized and 
included in the request for OMB approval.

Tyson P. Whitney,
Director, Transparency and Accountability Reporting Division.
[FR Doc. 2022-04842 Filed 3-7-22; 8:45 am]
BILLING CODE 3410-KS-P