View Information Collection Request (ICR) Package

OMB Control No: 1660-0150	ICR Reference No: 202103-1660-002
Status: Historical Active	Previous ICR Reference No: 202009-1660-007
Agency/Subagency: DHS/FEMA	Agency Tracking No:
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 collection	Common Form ICR: No
Type of Review Request: Emergency	Approval Requested By: 04/13/2021
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/13/2021
	Date Received in OIRA: 04/13/2021
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2022	6 Months From Approved	09/30/2021
Responses	26	0	26
Time Burden (Hours)	9	0	9
Cost Burden (Dollars)	0	0	0

Abstract: 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.” The President exercised his authority pursuant to the DPA to respond to the COVID-19 pandemic in Executive Orders 13909 and 13910, authorizing the Secretary of Health and Human Services to prioritize and allocate health and medical resources and prevent hoarding of such resources to respond to the spread of COVID-19. Pursuant to Executive Order 13911, the President has also delegated to the Secretary of Homeland Security the authority conferred by section 101 of the DPA and the authority to promulgate regulations necessary to implement the Executive Order. The Secretary of Homeland Security has further delegated this authority to the FEMA Administrator in DHS Delegation 09052 Rev. 00.1 (Apr. 1, 2020). Because of the substantial risk to life, safety, or health of individuals due to the shortage in emergency medical products, materials, and equipment supporting distribution infrastructure, and other life- sustaining products, materials, and equipment related to COVID-19 treatment, FEMA requests an emergency approval to collect the necessary information from contractors when placing rated orders with suppliers, to obtain timely delivery of products, materials, equipment, or services from suppliers, or for any other reason under the EMPAS, in support of approved national programs. 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 which are placed with them by their customers within established time periods (10 working days for a “DX” rated order and 15 working days for a “DO” rated order). 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. 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. Regarding customer notification of the acceptance of rated orders, the rejection of rated orders, and the delay of rated orders, the Federal Government does not typically receive information under this collection unless FEMA is facilitating a sale to a third party.

Emergency Justfication: The Federal Emergency Management Agency (FEMA) seeks to utilize the emergency process for approval for a new information collection to the Office of Management and Budget (OMB) Collection 1660-NEW Rated Orders Adjustments, Exceptions, or Appeals Under the Emergency Management Priorities and Allocations System (EMPAS) in accordance with Title I of the Defense Production Act of 1950 (DPA), as amended (50 U.S.C. 4501, et seq.) and Executive Order 13603, 77 FR 16651 (Mar. 22, 2012) and Executive Order 13911, 85 FR 18403 (Apr. 1, 2020). It is vital that FEMA implement the information collection as soon as possible to support immediate needs in response to the COVID-19 pandemic.

Authorizing Statute(s): US Code: 6 USC 313 Name of Law: Federal Emergency Management Agency
US Code: 6 USC 314 Name of Law: Authorities and Responsibilities

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1660-AB04	Final or interim final rulemaking	86 FR 1288	01/08/2021

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
44 CFR part 333

ICR Summary of Burden

	Total Approved	Previously Approved
Annual Number of Responses	26	26
Annual Time Burden (Hours)	9	9
Annual Cost Burden (Dollars)	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

Annual Cost to Federal Government: $188

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Yes

Agency Contact: Millicent Brown 202 646-2814 millicent.brown@fema.dhs.gov

View ICR - OIRA Conclusion