41042 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Notices 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

Proposed Information Collection 

Activity; Intergovernmental Reference 

Guide (IRG) (OMB No.: 0970–0209) 

AGENCY: Office of Child Support 

Enforcement, Administration for 

Children and Families, HHS. 

ACTION: Request for public comment. 

SUMMARY: The Administration for 

Children and Families (ACF), Office of 

Child Support Enforcement (OCSE), is 

requesting the Office of Management 

and Budget (OMB) to approve the 

Intergovernmental Reference Guide 

(IRG), with content revisions, for an 

additional three years. The IRG contains 

state and tribal child support 

information that assists child support 

enforcement (CSE) agencies in the 

administration of their respective 

programs. The current OMB approval 

expires on January 31, 2022. 

DATES: Comments due within 60 days of 

publication. In compliance with the 

requirements of the Paperwork 

Reduction Act of 1995, the ACF is 

soliciting public comment on the 

specific aspects of the information 

collection described above. 

ADDRESSES: Copies of the proposed 

collection of information can be 

obtained and comments may be 

forwarded by emailing infocollection@

acf.hhs.gov. Alternatively, copies can 

also be obtained by writing to the 

Administration for Children and 

Families, Office of Planning, Research 

and Evaluation, 330 C Street SW, 

Washington, DC 20201, Attn: ACF 

Reports Clearance Officer. All requests, 

emailed or written, should be identified 

by the title of the information collection. 

SUPPLEMENTARY INFORMATION: 

Description: The IRG is a centralized 

and automated repository of state and 

tribal profiles that contains high-level 

descriptions of each CSE program. 

These profiles provide state, tribal, and 

foreign country CSE agencies with an 

effective and efficient method for 

updating and accessing information 

needed to process intergovernmental 

child support cases. Proposed revisions 

to the state profile include content 

changes and organizational updates. 

Proposed revisions to the tribal profile 

are only organizational, no content 

changes are proposed. 

Respondents: State and Tribal Child 

Support Enforcement Agencies. 

ANNUAL BURDEN ESTIMATES

Information collection instrument 

Total number 

of annual 

respondents 

Number of 

annual 

responses per 

respondent 

Average 

annual burden 

hour per 

response 

Annual burden 

hours 

IRG: State Profile Guide (states and territories) ............................................. 54 18 0.3 292 

IRG: Tribal Profile Guide ................................................................................. 62 18 0.3 335 

Estimated Total Annual Burden 

Hours: 627. 

Comments: The Department 

specifically requests comments on: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the proposed collection 

of information; (c) the quality, utility, 

and clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology. 

Consideration will be given to 

comments and suggestions submitted 

within 60 days of this publication. 

Authority: 42 U.S.C. 652(a)(7); 42 

U.S.C. 666(f); 45 CFR 301.1; 45 CFR 

303.7; and 45 CFR 309.120. 

Mary B. Jones, 

ACF/OPRE Certifying Officer. 

[FR Doc. 2021–16244 Filed 7–29–21; 8:45 am] 

BILLING CODE 4184–41–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

[Docket No. FDA–2020–N–2340] 

Matthew Hebert: Final Debarment 

Order 

AGENCY: Food and Drug Administration, 

Health and Human Services (HHS). 

ACTION: Notice. 

SUMMARY: The Food and Drug 

Administration (FDA) is issuing an 

order under the Federal Food, Drug, and 

Cosmetic Act (FD&C Act) debarring 

Matthew Hebert for a period of 5 years 

from importing articles of food or 

offering such articles for importation 

into the United States. FDA bases this 

order on a finding that Mr. Hebert was 

convicted of a felony count under 

Federal law for conduct relating to the 

importation into the United States of an 

article of food. Mr. Hebert was given 

notice of the proposed debarment and 

an opportunity to request a hearing 

within the timeframe prescribed by 

regulation. As of May 5, 2021 (30 days 

after receipt of the notice), Mr. Hebert 

has not responded. Mr. Hebert’s failure 

to respond and request a hearing 

constitutes a waiver of his right to a 

hearing concerning this matter. 

DATES: This order is applicable July 30, 

2021. 

ADDRESSES: Submit applications for 

termination of debarment to the Dockets 

Management Staff (HFA–305), Food and 

Drug Administration, 5630 Fishers 

Lane, Rm. 1061, Rockville, MD 20852, 

240–402–7500, or at https://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jaime Espinosa (ELEM–4029), Division 

of Enforcement, Office of Strategic 

Planning and Operational Policy, Office 

of Regulatory Affairs, Food and Drug 

Administration, 12420 Parklawn Dr., 

Rockville, MD 20857, 240–402–8743, or 

at debarments@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 306(b)(1)(C) of the FD&C Act 

(21 U.S.C. 335a(b)(1)(C)) permits 

debarment of an individual from 

importing an article of food or offering 

such an article for import into the 

United States if FDA finds, as required 

by section 306(b)(3)(A) of the FD&C Act, 

that the individual has been convicted 

of a felony for conduct relating to the 

importation into the United States of 

any food. On December 11, 2020, Mr. 

Hebert was convicted, as defined in 

section 306(l)(1)(A) of the FD&C Act, in 

the U.S. District Court for the Northern 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Notices 41043 

District of Texas-Dallas Division, when 

the court accepted Mr. Hebert’s plea of 

guilty and entered judgment against him 

for the offense of introduction of 

misbranded food into interstate 

commerce with intent to defraud and 

mislead, in violation of sections 301(a) 

and 303(a)(2) of the FD&C Act (21 U.S.C. 

331(a) and 333(a)(2)). 

FDA’s finding that the debarment is 

appropriate is based on the felony 

conviction referenced herein. The 

factual basis for this conviction is as 

follows: As contained in the 

superseding indictment, filed on 

January 5, 2016, Mr. Hebert was a coowner of USP Labs with primarily 

responsibilities over product packaging 

design. As contained in the factual 

re ́sume ́ submitted as part of Mr. Hebert’s 

plea agreement on March 11, 2019, and 

the factual resumes submitted as part of 

plea agreements with his codefendants, 

one of Mr. Hebert’s codefendants 

instructed a Chinese company to have 2 

metric tons of ground cynanchum 

auriculatum root powder shipped 

internationally to S.K. Laboratories in 

California for inclusion in USP Labs’ 

dietary supplement products, using the 

false name ‘‘cynanchum auriculatum 

root extract.’’ USP Labs sent false labels 

to retailers and wholesalers listing 

‘‘cynanchum auriculatum (root) extract’’ 

as an ingredient in OxyElite Pro 

‘‘Advanced Formula’’ (which went on 

sale in or around August 2013), even 

though that ingredient was not present 

in the product. Beginning in or around 

August 2013, Mr. Hebert, USP Labs, and 

others working at USP Labs and S.K. 

Laboratories, did knowingly, and with 

the intent to defraud and mislead, cause 

the shipment of a misbranded food, 

namely the OxyElite Pro ‘‘Advanced 

Formula’’ dietary supplement, in 

interstate commerce. Specifically, on or 

about October 4, 2013, with intent to 

defraud and mislead, Mr. Hebert caused 

the shipment of misbranded OxyElite 

Pro ‘‘Advanced Formula’’ in interstate 

commerce. The labeling for OxyElite Pro 

‘‘Advanced Formula’’ falsely declared 

cynanchum auriculatum (root) extract as 

an ingredient, when in fact OxyElite Pro 

‘‘Advanced Formula’’ contained 

imported cynanchum auriculatum 

powder but no cynanchum auriculatum 

(root) extract. 

As a result of this conviction, FDA 

sent Mr. Hebert, by certified mail on 

March 29, 2021, a notice proposing to 

debar him for a period of 5 years from 

importing articles of food or offering 

such articles for import into the United 

States. The proposal was based on a 

finding under section 306(b)(1)(C) of the 

FD&C Act that Mr. Hebert’s felony 

conviction of ‘‘introduction of 

misbranded food into interstate 

commerce with intent to defraud and 

mislead’’ in violation of sections 301(a) 

and 303(a)(2) of the FD&C Act 

constitutes conduct relating to the 

importation into the United States of an 

article of food because Mr. Hebert 

caused the shipment of a misbranded 

food in interstate commerce, and the 

food was misbranded because its 

labeling falsely declared cynanchum 

auriculatum (root) extract as an 

ingredient, when in fact the imported 

ingredient was cynanchum auriculatum 

powder, not cynanchum auriculatum 

root extract. 

The proposal was also based on a 

determination, after consideration of the 

relevant factors set forth in section 

306(c)(3) of the FD&C Act, that Mr. 

Hebert should be subject to a 5-year 

period of debarment. The proposal also 

offered Mr. Hebert an opportunity to 

request a hearing, providing Mr. Hebert 

30 days from the date of receipt of the 

letter in which to file the request, and 

advised Mr. Hebert that failure to 

request a hearing constituted a waiver of 

the opportunity for a hearing and of any 

contentions concerning this action. Mr. 

Hebert failed to respond within the 

timeframe prescribed by regulation and 

has, therefore, waived his opportunity 

for a hearing and waived any 

contentions concerning his debarment 

(21 CFR part 12). 

II. Findings and Order 

Therefore, the Assistant 

Commissioner, Office of Human and 

Animal Food Operations, under section 

306(b)(1)(C) of the FD&C Act, under 

authority delegated to the Assistant 

Commissioner, finds that Mr. Matthew 

Hebert has been convicted of a felony 

count under Federal law for conduct 

relating to the importation into the 

United States of an article of food and 

that he is subject to a 5 year period of 

debarment. 

As a result of the foregoing finding, 

Mr. Hebert is debarred for a period of 5 

years from importing articles of food or 

offering such articles for import into the 

United States, effective (see DATES). 

Pursuant to section 301(cc) of the FD&C 

Act, the importing or offering for import 

into the United States of an article of 

food by, with the assistance of, or at the 

direction of Matthew Hebert is a 

prohibited act. 

Any application by Mr. Hebert for 

termination of debarment under section 

306(d)(1) of the FD&C Act should be 

identified with Docket No. FDA–2020– 

N–2340 and sent to the Dockets 

Management Staff (see ADDRESSES). The 

public availability of information in 

these submissions is governed by 21 

CFR 10.20(j). 

Publicly available submissions will be 

placed in the docket and will be 

viewable at https://www.regulations.gov 

or at the Dockets Management Staff (see 

ADDRESSES) between 9 a.m. and 4 p.m., 

Monday through Friday, 240–402–7500. 

Dated: July 23, 2021. 

Lauren K. Roth, 

Acting Principal Associate Commissioner for 

Policy. 

[FR Doc. 2021–16211 Filed 7–29–21; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Health Resources and Services 

Administration 

Notice of a Supplemental Award to the 

University of Arkansas System 

Telehealth Focused Rural Health 

Research Center 

AGENCY: Health Resources and Services 

Administration (HRSA), Department of 

Health and Human Services (HHS). 

ACTION: Notice. 

SUMMARY: HRSA announces a 

supplemental award in the amount of 

$100,000 annually through fiscal year 

2024. This funding will support the 

University of Arkansas Telehealth 

Focused Rural Health Research Center 

(TF RHRC), a current HRSA-funded 

cooperative agreement. The 

supplemental request is for the 

remaining period of performance of the 

current cooperative agreement, subject 

to the availability of funds and 

successful performance of the activities 

in a given budget year. 

FOR FURTHER INFORMATION CONTACT: For 

further information regarding this 

request, please contact Nicole Hewitt, 

(nhewitt@hrsa.gov), (301) 443–3893. 

SUPPLEMENTARY INFORMATION: 

Intended Recipient of Award: 

University of Arkansas System. 

Amount of Award Increase NonCompetitive Award: $100,000 annually. 

Period of Supplemental Funding: 9/1/ 

2021–08/31/2024. 

CFDA Number: 93.155. 

Authority: Section 711(b)(5) of the 

Social Security Act (42 U.S.C. 

912(b)(5)). 

Justification: The TF RHRC program is 

authorized by Section 711(b)(5) of the 

Social Security Act (42 U.S.C. 

912(b)(5)), as amended. This program is 

within HRSA’s Federal Office of Rural 

Health Policy’s (FORHP) Office for the 

Advancement of Telehealth (OAT), 

which administers grants, cooperative 


lotter on DSK11XQN23PROD with NOTICES1