114 Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices 

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 

FEMA-DPA@fema.dhs.gov. You may 

contact the Information Management 

Division for copies of the proposed 

collection of information at email 

address: FEMA-Information-CollectionsManagement@fema.dhs.gov. 

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 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

Determination Pursuant to Section 102 

of the Illegal Immigration Reform and 

Immigrant Responsibility Act of 1996, 

as Amended 

AGENCY: Office of the Secretary, 

Department of Homeland Security. 

ACTION: Notice of determination. 

SUMMARY: The Acting Secretary of 

Homeland Security has determined, 

pursuant to law, that it is necessary to 

waive certain laws, regulations, and 

other legal requirements in order to 

ensure the expeditious construction of 

barriers and roads in the vicinity of the 

international land border in Imperial 

County, California. 

DATES: This determination takes effect 

on January 4, 2021. 

SUPPLEMENTARY INFORMATION: Important 

mission requirements of the Department 

of Homeland Security (‘‘DHS’’) include 

border security and the detection and 

prevention of illegal entry into the 

United States. Border security is critical 

to the nation’s national security. 

Recognizing the critical importance of 

border security, Congress has mandated 

DHS to achieve and maintain 

Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices 115 

operational control of the international 

land border. Secure Fence Act of 2006, 

Public Law 109–367, sec. 2, 120 Stat. 

2638 (Oct. 26, 2006) (8 U.S.C. 1701 

note). Congress defined ‘‘operational 

control’’ as the prevention of all 

unlawful entries into the United States, 

including entries by terrorists, other 

unlawful aliens, instruments of 

terrorism, narcotics, and other 

contraband. Id. Consistent with that 

mandate from Congress, the President’s 

Executive Order on Border Security and 

Immigration Enforcement Improvements 

directed executive departments and 

agencies to deploy all lawful means to 

secure the southern border. Executive 

Order 13767, sec. 1. In order to achieve 

that end, the President directed, among 

other things, that I take immediate steps 

to prevent all unlawful entries into the 

United States, including the immediate 

construction of physical infrastructure 

to prevent illegal entry. Executive Order 

13767, sec. 4(a). 

Congress has provided to the 

Secretary of Homeland Security a 

number of authorities necessary to carry 

out DHS’s border security mission. One 

of those authorities is found at section 

102 of the Illegal Immigration Reform 

and Immigrant Responsibility Act of 

1996, as amended (‘‘IIRIRA’’). Public 

Law 104–208, Div. C, 110 Stat. 3009– 

546, 3009–554 (Sept. 30, 1996) (8 U.S.C 

1103 note), as amended by the REAL ID 

Act of 2005, Public Law 109–13, Div. B, 

119 Stat. 231, 302, 306 (May 11, 2005) 

(8 U.S.C. 1103 note), as amended by the 

Secure Fence Act of 2006, Public Law 

109–367, sec. 3, 120 Stat. 2638 (Oct. 26, 

2006) (8 U.S.C. 1103 note), as amended 

by the Department of Homeland 

Security Appropriations Act, 2008, 

Public Law 110–161, Div. E, Title V, sec. 

564, 121 Stat. 2090 (Dec. 26, 2007). In 

section 102(a) of IIRIRA, Congress 

provided that the Secretary of 

Homeland Security shall take such 

actions as may be necessary to install 

additional physical barriers and roads 

(including the removal of obstacles to 

detection of illegal entrants) in the 

vicinity of the United States border to 

deter illegal crossings in areas of high 

illegal entry into the United States. In 

section 102(b) of IIRIRA, Congress 

mandated the installation of additional 

fencing, barriers, roads, lighting, 

cameras, and sensors on the southwest 

border. Finally, in section 102(c) of 

IIRIRA, Congress granted to the 

Secretary of Homeland Security the 

authority to waive all legal requirements 

that I, in my sole discretion, determine 

necessary to ensure the expeditious 

construction of barriers and roads 

authorized by section 102 of IIRIRA. 

Determination and Waiver 

Section 1 

The United States Border Patrol’s El 

Centro Sector is an area of high illegal 

entry. In fiscal year 2020, the United 

States Border Patrol (‘‘Border Patrol’’) 

apprehended over 11,000 illegal aliens 

attempting to enter the United States 

between border crossings in the El 

Centro Sector. In that same time period, 

between border crossings in the El 

Centro Sector the Border Patrol seized 

over 200 pounds of marijuana, over 50 

pounds of cocaine, over 30 pounds of 

heroin, over 3,100 pounds of 

methamphetamine, and over 60 pounds 

of fentanyl. 

Due to the high levels of illegal entry 

within the El Centro Sector, I must use 

my authority under section 102 of 

IIRIRA to install additional physical 

barriers and roads in the El Centro 

Sector. Therefore, DHS will take 

immediate action to construct primary 

and secondary barriers in the El Centro 

Sector. The areas in the vicinity of the 

border within which such construction 

will occur are referred to herein as the 

‘‘project areas’’ and are more 

specifically described in Section 2 

below. 

Section 2 

I determine that the following areas in 

the vicinity of the United States border, 

located in the State of California in the 

Border Patrol’s El Centro Sector are 

areas of high illegal entry (the ‘‘project 

areas’’): 

• Starting one-half (0.5) of a mile west 

of the San Diego County—Imperial 

County line and extending east to 

approximately one mile east of Border 

Monument 210 

There is presently an acute and 

immediate need to construct physical 

barriers and roads in the vicinity of the 

border of the United States in order to 

prevent unlawful entries into the United 

States in the project areas pursuant to 

sections 102(a) and 102(b) of IIRIRA. In 

order to ensure the expeditious 

construction of the barriers and roads in 

the project areas, I have determined that 

it is necessary that I exercise the 

authority that is vested in me by section 

102(c) of IIRIRA. 

Accordingly, pursuant to section 

102(c) of IIRIRA, I hereby waive in their 

entirety, with respect to all contracting 

actions associated with the construction 

of physical barriers and roads 

(including, but not limited to, accessing 

the project areas, creating and using 

staging areas, the conduct of earthwork, 

excavation, fill, and site preparation, 

and installation and upkeep of physical 

barriers, roads, supporting elements, 

drainage, erosion controls, safety 

features, lighting, cameras, and sensors) 

in the project areas, all of the following 

statutes and regulations, including any 

legal requirements of, deriving from, or 

related to the subject of, the following 

statutes and regulations: 41 U.S.C. 3301; 

41 U.S.C. 3302(b)–(e); 41 U.S.C. 3304; 

41 U.S.C. 3306(a); 41 U.S.C. 3309(b)–(e); 

41 U.S.C. 3502; 41 U.S.C. 4103(c), 

(d)(3)–(4); 41 U.S.C. 4104(b); 41 U.S.C. 

4106(c)–(d); 41 U.S.C. 6101(b)(1); 41 

U.S.C. 1126; 41 U.S.C. 1708(a), (c), (e); 

Section 880 of Division A, Title VIII of 

Public Law 115–232; 15 U.S.C. 644; 15 

U.S.C. 657q; 15 U.S.C. 631(j); 15 U.S.C. 

637(d)–(f), and (h); 13 CFR part 125; 48 

CFR 22.404–5; 48 CFR 16.504(c); and 48 

CFR 16.505(a)(4) and (5), (a)(8)(i) and 

(iii), (b). 

This waiver does not revoke or 

supersede any other waiver 

determination made pursuant to section 

102(c) of IIRIRA. Such waivers shall 

remain in full force and effect in 

accordance with their terms. I reserve 

the authority to execute further waivers 

from time to time as I may determine to 

be necessary under section 102 of 

IIRIRA. 

Signature 

The Acting Secretary of Homeland 

Security, Chad F. Wolf, having reviewed 

and approved this document, is 

delegating the authority to electronically 

sign this document to Ian J. Brekke, who 

is Deputy General Counsel for DHS, for 

purposes of publication in the Federal 

Register. 

Ian J. Brekke, 

Deputy General Counsel for DHS. 

[FR Doc. 2020–29128 Filed 12–30–20; 4:15 pm] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–7028–N–09] 

60-Day Notice of Proposed Information 

Collection: Transfer and Consolidation 

of Public Housing Programs; OMB 

Control No.: 2577–0280 

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, PIH, HUD. 

ACTION: Notice. 

SUMMARY: HUD is seeking approval from 

the Office of Management and Budget 

(OMB) for the information collection 

described below. In accordance with the 

Paperwork Reduction Act, HUD is 

requesting comment from all interested 

parties on the proposed collection of