[Federal Register Volume 77, Number 240 (Thursday, December 13, 2012)]
[Notices]
[Pages 74164-74165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30110]
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DEPARTMENT OF AGRICULTURE
Submission for OMB Review; Comment Request
December 10, 2012.
The Department of Agriculture has submitted the following
information collection requirement(s) to OMB for review and clearance
under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments
regarding (a) whether the collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility; (b) the accuracy
of the agency's estimate of burden including the validity of the
methodology and assumptions used; (c) ways to enhance the quality,
utility and clarity of the information to be collected; (d) ways to
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 should be addressed to: Desk
Officer for Agriculture, Office of Information and Regulatory Affairs,
Office of Management and Budget (OMB), [email protected] or
fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO,
Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these
information collections are best assured of having their full effect if
received within January 14, 2013. Copies of the submission(s) may be
obtained by calling (202) 720-8681.
An agency may not conduct or sponsor a collection of information
unless the collection of information displays a currently valid OMB
control number and the agency informs potential persons who are to
respond to the collection of information that such persons are not
required to respond to the collection of information unless it displays
a currently valid OMB control number.
Office of the Chief Information Officer
Title: Information Collection Request; Representations Regarding
Felony Conviction and Tax Delinquent Status for Corporate Applicants
and Awardees.
OMB Control Number: 0505-0025.
[[Page 74165]]
Summary of Collection: Abstract: The Department of Agriculture
(USDA) agencies and staff offices (except Forest Service) must comply
with the restrictions set forth in sections 738 and 739 of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act (Pub. L. 112-55, as amended and/or
subsequently enacted), which prevents agencies from doing business with
corporations that (1) have been convicted, or had an officer or agent
of such corporation acting on behalf of the corporation convicted, of a
felony criminal violation under any Federal or State law within the
preceding 24 months, and/or (2) have any unpaid Federal tax liability
that has been assessed, for which all judicial and 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 has
considered suspension or debarment of the corporation and made a
determination that suspension or debarment are not necessary to protect
the interests of the Government.
The Forest Service must comply with similar restrictions in
sections 433 and 434 of the Consolidated Appropriations Act, 2012 (Pub.
L. 112-74, as amended and/or subsequently enacted). The Forest Service
restrictions on doing business are almost identical to the restrictions
for other USDA offices and agencies; the one difference is that the
Forest Service restrictions are concerned only with felony convictions
under Federal law, rather than both Federal and State law.
Need and Use of the Information: To comply with the appropriations
restrictions, the proposed information collection will require
corporate applicants and awardees for USDA and Forest Service programs
to represent accurately whether they do or do not have any qualifying
convictions or tax delinquencies which would prevent USDA or the Forest
Service from entering into a proposed business transaction with the
corporate applicant. For non-procurement programs and transactions,
these representations will be submitted on the proposed information
collection forms AD-3030, AD 3031, AD-3030-FS and AD-3031-FS. The
categories of non-procurement transactions covered by the information
collection are: Non-procurement contracts, grants, loans, loan
guarantees, cooperative agreements, and some memoranda of agreement.
For procurement transactions, compliance with the appropriations
restrictions has been effected through the issuance of Agricultural
Acquisition Regulation Advisory Number 104, issued March 29, 2012 and
available here: http://www.dm.usda.gov/procurement/policy/advisories.htm. Accordingly, the information collection is not intended
for use with USDA or Forest Service procurement transactions. This
information collection, deals only with USDA and Forest Service non-
procurement transactions. For more specific information about whether a
particular non-procurement program or transaction is included in this
list please contact the USDA agency or staff office or Forest Service
office responsible for the program or transaction in question.
The AD-3030 and AD-3030-FS forms will effectuate compliance with
the appropriations restrictions by requiring all corporate applicants
to represent at the time of application for a non-procurement program
whether they have any felony convictions or tax delinquencies that
would prevent USDA or the Forest Service from doing business with them.
Corporations 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. Corporations
include both for profit and non-profit entities. The AD-3031 and AD-
3031-FS require an affirmative representation that corporate awardees
for non-procurement transactions do not have any felony convictions or
tax delinquencies. The AD 3030/3030-FS are required at the time of
application and the AD 3031/3031-FS are required at the time of award.
If the application and award process are a single step, the agency or
staff office may require both forms to be filed at the same time.
Collection of this information is necessary to ensure USDA agencies and
staff offices and Forest Service comply with the appropriations
restrictions prohibiting the Government from doing business with
corporations with felony convictions and/or tax delinquencies.
Estimate of Burden: Public reporting burden for this information
collection is estimated to average 15 minutes per response.
Frequency of Collection: Other: Corporations--AD-3030/3030-FS--each
time they apply to participate in a multitude of USDA non-procurement
programs; Awardees--AD-3031/3031-FS--each time they receive an award in
USDA non-procurement programs.
Respondents: Corporate applicants and awardees for USDA non-
procurement programs, including grants, cooperative agreements, loans,
loan guarantees, some memoranda of understanding, and non-procurement
contracts.
Estimated Number of Annual Respondents: 741,644.
Estimated Number of Responses per Respondent: 1.75.
Estimated Total Annual Responses: 2,255,922.
Estimated Total Annual Burden Hours on Respondents: 563,980.
Charlene Parker,
Departmental Information Collection Clearance Officer.
[FR Doc. 2012-30110 Filed 12-12-12; 8:45 am]
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