80_FR_61531 80 FR 61334 - Agency Information Collection Activities: Request for Comments; Renewal of a Currently Approved Collection: Representations Regarding Felony Conviction and Tax Delinquent Status for Corporate Applicants and Awardees

80 FR 61334 - Agency Information Collection Activities: Request for Comments; Renewal of a Currently Approved Collection: Representations Regarding Felony Conviction and Tax Delinquent Status for Corporate Applicants and Awardees

DEPARTMENT OF AGRICULTURE

Federal Register Volume 80, Issue 197 (October 13, 2015)

Page Range61334-61335
FR Document2015-25233

This notice announces the intention of the Office of the Chief Financial Officer to request approval from the Office of Management and Budget (OMB) to renew an approved information collection associated with Representations Regarding Felony Conviction and Tax Delinquent Status for Corporate Applicants and Awardees.

Federal Register, Volume 80 Issue 197 (Tuesday, October 13, 2015)
[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)]
[Notices]
[Pages 61334-61335]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25233]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / 
Notices

[[Page 61334]]



DEPARTMENT OF AGRICULTURE


Agency Information Collection Activities: Request for Comments; 
Renewal of a Currently Approved Collection: Representations Regarding 
Felony Conviction and Tax Delinquent Status for Corporate Applicants 
and Awardees

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 approval from the Office of Management and 
Budget (OMB) to renew an approved information collection associated 
with Representations Regarding Felony Conviction and Tax Delinquent 
Status for Corporate Applicants and Awardees.

DATES: Written comments on this notice must be received by December 14, 
2015 to be assured of consideration.

ADDRESSES: Comments may be submitted by either one of the following 
methods:
     Federal eRulemaking Portal: This Web site provides the 
ability to type short comments directly into the comment field on this 
Web page or attach a file for lengthier comments. Go to http://www.regulations.gov. Follow the on-line instructions at that site for 
submitting comments.
     Postal Mail/Commercial Delivery: Send to Director, 
Transparency and Accountability Reporting Division, Office of the Chief 
Financial Officer, Room 3027-S, Stop Code 9011, U.S. Department of 
Agriculture, 1400 Independence Avenue SW., Washington, DC 20250.
     Desk Officer for Agriculture, Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB), 
[email protected] or fax (202) 395-5806.
    All comments received will be available for public inspection and 
posted without change, including any personal information, to http://regulations.gov. or during regular business hours at the same address.

FOR FURTHER INFORMATION CONTACT: Tyson P. Whitney, Director, 
Transparency and Accountability Reporting Division, Office of the Chief 
Financial Officer, Room 3027-S, Stop Code 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), this notice announces the intention 
of the Office of the Chief Financial Officer to request approval from 
the Office of Management and Budget (OMB) to renew an approved 
information collection associated with Representations Regarding Felony 
Conviction and Tax Delinquent Status for Corporate Applicants and 
Awardees.
    Title: Representations Regarding Felony Conviction and Tax 
Delinquent Status for Corporate Applicants and Awardees in Non-
procurement Programs.
    OMB Control Number: 0505-0025.
    Expiration Date of Approval: February 2016.
    Form Numbers: AD-3030 (Representations Regarding Felony Conviction 
and Tax Delinquent Status For Corporate Clients), AD-3031 (Assurance 
Regarding Felony Conviction or Tax Delinquent Status For Corporate 
Applicants).
    Type of Request: Renewal of a currently approved information 
collection.
    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 and Further Continuing Appropriations 
Act, 2015, Public Law 113-235, as amended and/or subsequently enacted), 
hereinafter Public Law 113-235, which prevents agencies from doing 
business with corporations that (1) have been convicted of a felony 
criminal violation under Federal law within the preceding 24 months 
preceding the award 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 or 
staff office has considered suspension or 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 and awardees for USDA programs 
to represent accurately whether they have or do not have qualifying 
felony convictions or tax delinquencies that would prevent entrance 
into proposed business transactions with USDA. For non-procurement 
programs and transactions, these representations are collected on forms 
AD-3030 (Representations Regarding Felony Conviction and Tax Delinquent 
Status For Corporate Applicants) and AD-3031 (Assurance Regarding 
Felony Conviction Or Tax Delinquent Status For Corporate Applicants). 
This notice and proposed renewal of an approved information collection 
deal only with USDA non-procurement transactions. The categories of 
non-procurement transactions covered include: Non-procurement 
contracts, grants, loans, loan guarantees, cooperative agreements, and 
some memoranda of understanding/agreement. 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 responsible for the program or transaction in question.
    In Fiscal Years 2012-2014 the appropriation restriction provisions 
were not uniform across the government. To effectuate compliance, USDA 
initially created and received clearance of two sets of forms--one set 
for use by all USDA agencies and offices, except the Forest Service 
(AD-3030, AD-3031) and one set for use by the Forest Service (AD-3030-
FS and AD-3031-FS). In 2015, Congress eliminated the multiple versions 
of the appropriation restriction provisions and enacted a single set of 
government-wide provisions for all agencies and departments, thereby 
allowing USDA to collect this data with one set of forms--AD-3030 and 
AD-3031. The current

[[Page 61335]]

clearance for these forms expires February 2016. The representations 
continue to be required as reflected in Public Law 113-235. 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.
    Form AD-3030 (required during the application process) will 
effectuate compliance with the appropriation 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 from doing business with them. 
Form AD-3031 (applicable at the time of the award) requires an 
affirmative representation that corporate awardees for non-procurement 
transactions do not have any felony convictions or tax delinquencies. 
If the application and award process occurs in a single step, the 
agency or staff office may require concurrent submission of both forms. 
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 information 
collection is estimated to average 15 minutes per response.
    Frequency of Collection: Other: Corporations--AD-3030--each time 
they apply to participate in a multitude of USDA non-procurement 
programs; Awardees--AD-3031--each time they receive an award from USDA 
non-procurement programs.
    Type of Respondents: Corporate applicants and awardees for USDA 
non-procurement programs, including grants, cooperative agreements, 
loans, loan guarantees, some memoranda of understanding/agreement, and 
non-procurement contracts.
    Estimated Number of Annual Respondents: 741,544.
    Estimated Number of Responses per Respondent: 2.75.
    Estimated Total Annual Responses: 2,039,246.
    Estimated Total Annual Burden Hours on Respondents: 509,812.
    We are requesting comments on all aspects of this information 
collection to help us to:
    (1) Evaluate whether the collection of information is necessary for 
the proper performance of the functions of the agencies and staff 
offices, including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
collection of information, including the validity of the methodology 
and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including the use of appropriate automated, 
electronic, mechanical, technological and other forms of information 
technology collection methods.
    All responses to this notice, including names and addresses when 
provided, will be summarized and included in the request for OMB 
approval. All comments will also become a matter of public record.

Jon M. Holladay,
Chief Financial Officer.
[FR Doc. 2015-25233 Filed 10-9-15; 8:45 am]
 BILLING CODE 3410-KS-P



                                                  61334

                                                  Notices                                                                                                       Federal Register
                                                                                                                                                                Vol. 80, No. 197

                                                                                                                                                                Tuesday, October 13, 2015



                                                  This section of the FEDERAL REGISTER                       All comments received will be                      have been exhausted or have lapsed,
                                                  contains documents other than rules or                  available for public inspection and                   and that is not being paid in a timely
                                                  proposed rules that are applicable to the               posted without change, including any                  manner pursuant to an agreement with
                                                  public. Notices of hearings and investigations,         personal information, to http://                      the authority responsible for collecting
                                                  committee meetings, agency decisions and                regulations.gov. or during regular                    the tax liability; unless the agency or
                                                  rulings, delegations of authority, filing of
                                                  petitions and applications and agency
                                                                                                          business hours at the same address.                   staff office has considered suspension or
                                                  statements of organization and functions are            FOR FURTHER INFORMATION CONTACT:                      debarment of the recipient corporation
                                                  examples of documents appearing in this                 Tyson P. Whitney, Director,                           and made a determination that
                                                  section.                                                Transparency and Accountability                       suspension or debarment is not
                                                                                                          Reporting Division, Office of the Chief               necessary to protect the interests of the
                                                                                                          Financial Officer, Room 3027–S, Stop                  Government.
                                                  DEPARTMENT OF AGRICULTURE                               Code 9011, U.S. Department of                            To comply with the appropriation
                                                                                                          Agriculture, 1400 Independence Avenue                 restrictions, the information collection
                                                  Agency Information Collection                           SW., Washington, DC 20250; (202) 720–                 requires corporate applicants and
                                                  Activities: Request for Comments;                       8978; tyson.whitney@cfo.usda.gov.                     awardees for USDA programs to
                                                  Renewal of a Currently Approved                                                                               represent accurately whether they have
                                                                                                          SUPPLEMENTARY INFORMATION: In
                                                  Collection: Representations Regarding                                                                         or do not have qualifying felony
                                                                                                          accordance with the Paperwork
                                                  Felony Conviction and Tax Delinquent                                                                          convictions or tax delinquencies that
                                                                                                          Reduction Act of 1995 (44 U.S.C.
                                                  Status for Corporate Applicants and                                                                           would prevent entrance into proposed
                                                                                                          Chapter 35), this notice announces the
                                                  Awardees                                                                                                      business transactions with USDA. For
                                                                                                          intention of the Office of the Chief
                                                  AGENCY:  Office of the Chief Financial                  Financial Officer to request approval                 non-procurement programs and
                                                  Officer, USDA.                                          from the Office of Management and                     transactions, these representations are
                                                                                                          Budget (OMB) to renew an approved                     collected on forms AD–3030
                                                  ACTION: Notice and request for                                                                                (Representations Regarding Felony
                                                  comments.                                               information collection associated with
                                                                                                          Representations Regarding Felony                      Conviction and Tax Delinquent Status
                                                                                                          Conviction and Tax Delinquent Status                  For Corporate Applicants) and AD–3031
                                                  SUMMARY:    This notice announces the
                                                                                                          for Corporate Applicants and Awardees.                (Assurance Regarding Felony
                                                  intention of the Office of the Chief
                                                                                                            Title: Representations Regarding                    Conviction Or Tax Delinquent Status
                                                  Financial Officer to request approval
                                                                                                          Felony Conviction and Tax Delinquent                  For Corporate Applicants). This notice
                                                  from the Office of Management and
                                                                                                          Status for Corporate Applicants and                   and proposed renewal of an approved
                                                  Budget (OMB) to renew an approved
                                                                                                          Awardees in Non-procurement                           information collection deal only with
                                                  information collection associated with
                                                                                                          Programs.                                             USDA non-procurement transactions.
                                                  Representations Regarding Felony
                                                                                                            OMB Control Number: 0505–0025.                      The categories of non-procurement
                                                  Conviction and Tax Delinquent Status
                                                                                                            Expiration Date of Approval: February               transactions covered include: Non-
                                                  for Corporate Applicants and Awardees.
                                                                                                          2016.                                                 procurement contracts, grants, loans,
                                                  DATES: Written comments on this notice                                                                        loan guarantees, cooperative
                                                                                                            Form Numbers: AD–3030
                                                  must be received by December 14, 2015                   (Representations Regarding Felony                     agreements, and some memoranda of
                                                  to be assured of consideration.                         Conviction and Tax Delinquent Status                  understanding/agreement. For more
                                                  ADDRESSES: Comments may be                              For Corporate Clients), AD–3031                       specific information about whether a
                                                  submitted by either one of the following                (Assurance Regarding Felony                           particular non-procurement program or
                                                  methods:                                                Conviction or Tax Delinquent Status For               transaction is included in this list please
                                                     • Federal eRulemaking Portal: This                   Corporate Applicants).                                contact the USDA agency or staff office
                                                  Web site provides the ability to type                     Type of Request: Renewal of a                       responsible for the program or
                                                  short comments directly into the                        currently approved information                        transaction in question.
                                                  comment field on this Web page or                       collection.                                              In Fiscal Years 2012–2014 the
                                                  attach a file for lengthier comments. Go                  Abstract: The U.S. Department of                    appropriation restriction provisions
                                                  to http://www.regulations.gov. Follow                   Agriculture’s (USDA) agencies and staff               were not uniform across the
                                                  the on-line instructions at that site for               offices must comply with the                          government. To effectuate compliance,
                                                  submitting comments.                                    restrictions set forth in sections 744 and            USDA initially created and received
                                                     • Postal Mail/Commercial Delivery:                   745 of the Consolidated and Further                   clearance of two sets of forms—one set
                                                  Send to Director, Transparency and                      Continuing Appropriations Act, 2015,                  for use by all USDA agencies and
                                                  Accountability Reporting Division,                      Public Law 113–235, as amended and/                   offices, except the Forest Service (AD–
                                                  Office of the Chief Financial Officer,                  or subsequently enacted), hereinafter                 3030, AD–3031) and one set for use by
                                                  Room 3027–S, Stop Code 9011, U.S.                       Public Law 113–235, which prevents                    the Forest Service (AD–3030–FS and
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                                                  Department of Agriculture, 1400                         agencies from doing business with                     AD–3031–FS). In 2015, Congress
                                                  Independence Avenue SW.,                                corporations that (1) have been                       eliminated the multiple versions of the
                                                  Washington, DC 20250.                                   convicted of a felony criminal violation              appropriation restriction provisions and
                                                     • Desk Officer for Agriculture, Office               under Federal law within the preceding                enacted a single set of government-wide
                                                  of Information and Regulatory Affairs,                  24 months preceding the award and/or                  provisions for all agencies and
                                                  Office of Management and Budget                         (2) have any unpaid Federal tax liability             departments, thereby allowing USDA to
                                                  (OMB), OIRA_Submission@omb.eop.gov                      that has been assessed, for which all                 collect this data with one set of forms—
                                                  or fax (202) 395–5806.                                  judicial and administrative remedies                  AD–3030 and AD–3031. The current


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                                                                               Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices                                        61335

                                                  clearance for these forms expires                         Estimated Number of Responses per                   automated, electronic, mechanical or
                                                  February 2016. The representations                      Respondent: 2.75.                                     other technological collection
                                                  continue to be required as reflected in                   Estimated Total Annual Responses:                   techniques or other forms of information
                                                  Public Law 113–235. To ensure that                      2,039,246.                                            technology.
                                                  USDA agencies and staff offices are                       Estimated Total Annual Burden                         Comments regarding this information
                                                  positioned to continue compliance with                  Hours on Respondents: 509,812.                        collection received by November 12,
                                                  the appropriation restrictions for their                  We are requesting comments on all                   2015 will be considered. Written
                                                  duration, the Office of the Chief                       aspects of this information collection to             comments should be addressed to: Desk
                                                  Financial Officer is issuing this renewal               help us to:                                           Officer for Agriculture, Office of
                                                  approval notice for another formal three                  (1) Evaluate whether the collection of              Information and Regulatory Affairs,
                                                  year clearance of the information                       information is necessary for the proper               Office of Management and Budget
                                                  collection request. Should the                          performance of the functions of the                   (OMB), New Executive Office Building,
                                                  appropriation restrictions become                       agencies and staff offices, including                 725 17th Street NW., Washington, DC
                                                  ineffective or not be continued during                  whether the information will have                     20503. Commenters are encouraged to
                                                  the three year clearance period, this                   practical utility;                                    submit their comments to OMB via
                                                  information request will be canceled                      (2) Evaluate the accuracy of our                    email to: OIRA_Submission@
                                                  when it is no longer required.                          estimate of the burden of the collection              omb.eop.gov or fax (202) 395–5806 and
                                                    Form AD–3030 (required during the                     of information, including the validity of             to Departmental Clearance Office,
                                                  application process) will effectuate                    the methodology and assumptions used;                 USDA, OCIO, Mail Stop 7602,
                                                  compliance with the appropriation                         (3) Enhance the quality, utility, and               Washington, DC 20250–7602. Copies of
                                                  restrictions by requiring all corporate                 clarity of the information to be                      the submission(s) may be obtained by
                                                  applicants to represent at the time of                  collected; and                                        calling (202) 720–8681.
                                                  application for a non-procurement                         (4) Minimize the burden of the                        An agency may not conduct or
                                                  program whether they have any felony                    collection of information on those who                sponsor a collection of information
                                                  convictions or tax delinquencies that                   are to respond, including the use of                  unless the collection of information
                                                  would prevent USDA from doing                           appropriate automated, electronic,                    displays a currently valid OMB control
                                                  business with them. Form AD–3031                        mechanical, technological and other                   number and the agency informs
                                                  (applicable at the time of the award)                   forms of information technology                       potential persons who are to respond to
                                                  requires an affirmative representation                  collection methods.                                   the collection of information that such
                                                  that corporate awardees for non-                          All responses to this notice, including             persons are not required to respond to
                                                  procurement transactions do not have                    names and addresses when provided,                    the collection of information unless it
                                                  any felony convictions or tax                           will be summarized and included in the                displays a currently valid OMB control
                                                  delinquencies. If the application and                   request for OMB approval. All                         number.
                                                  award process occurs in a single step,                  comments will also become a matter of
                                                                                                          public record.                                        National Agricultural Statistics Service
                                                  the agency or staff office may require
                                                  concurrent submission of both forms.                    Jon M. Holladay,
                                                                                                                                                                   Title: Floriculture Survey.
                                                  Corporations (for profit and non-profit                                                                          OMB Control Number: 0535–0093.
                                                                                                          Chief Financial Officer.                                 Summary of Collection: The primary
                                                  entities) include, but are not limited to,
                                                                                                          [FR Doc. 2015–25233 Filed 10–9–15; 8:45 am]           function of the National Agricultural
                                                  any entity that has filed articles of
                                                  incorporation in one of the 50 States,                  BILLING CODE 3410–KS–P                                Statistics (NASS) is to prepare current
                                                  the District of Columbia, or the various                                                                      official state and national estimates of
                                                  territories of the United States.                                                                             crop and livestock production. Since
                                                                                                          DEPARTMENT OF AGRICULTURE                             1985 Congress has provided funds to
                                                    Collection of this information is
                                                  necessary to ensure that USDA agencies                                                                        conduct an annual Commercial
                                                                                                          National Agricultural Statistics Service
                                                  and staff offices comply with the                                                                             Floriculture Survey which obtains data
                                                  appropriation restrictions prohibiting                  Submission for OMB Review;                            on this important and growing industry.
                                                  the Government from doing business                      Comment Request                                       The Floriculture Survey is currently
                                                  with corporations with felony                                                                                 conducted in 15 States (California,
                                                  convictions and/or tax delinquencies.                   October 6, 2015.                                      Florida, Hawaii, Illinois, Maryland,
                                                    Estimate of Burden: Public reporting                    The Department of Agriculture has                   Michigan, New Jersey, New York, North
                                                  burden for this information collection is               submitted the following information                   Carolina, Ohio, Oregon, Pennsylvania,
                                                  estimated to average 15 minutes per                     collection requirement(s) to OMB for                  South Carolina, Texas, and
                                                  response.                                               review and clearance under the                        Washington). General authority for these
                                                    Frequency of Collection: Other:                       Paperwork Reduction Act of 1995,                      data collection activities is granted
                                                  Corporations—AD–3030—each time                          Public Law 104–13. Comments                           under U.S. Code Title 7, Section 2204.
                                                  they apply to participate in a multitude                regarding (a) whether the collection of               This statute specifies that ‘‘The
                                                  of USDA non-procurement programs;                       information is necessary for the proper               Secretary of Agriculture shall procure
                                                  Awardees—AD–3031—each time they                         performance of the functions of the                   and preserve all information concerning
                                                  receive an award from USDA non-                         agency, including whether the                         agriculture which can be obtain by the
                                                  procurement programs.                                   information will have practical utility;              collection of statistics...and shall
                                                    Type of Respondents: Corporate                        (b) the accuracy of the agency’s estimate             distribute them among agriculturists’’.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  applicants and awardees for USDA non-                   of burden including the validity of the               The floriculture industry accounted for
                                                  procurement programs, including                         methodology and assumptions used; (c)                 more than $5.9 billion in wholesale
                                                  grants, cooperative agreements, loans,                  ways to enhance the quality, utility and              sales at the U.S. level.
                                                  loan guarantees, some memoranda of                      clarity of the information to be                         Need and Use of the Information:
                                                  understanding/agreement, and non-                       collected; (d) ways to minimize the                   NASS obtains basic agricultural
                                                  procurement contracts.                                  burden of the collection of information               statistics on production and value of
                                                    Estimated Number of Annual                            on those who are to respond, including                floriculture products. The target
                                                  Respondents: 741,544.                                   through the use of appropriate                        population for this survey is all


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Document Created: 2018-02-27 08:47:52
Document Modified: 2018-02-27 08:47:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comments.
DatesWritten comments on this notice must be received by December 14, 2015 to be assured of consideration.
ContactTyson P. Whitney, Director, Transparency and Accountability Reporting Division, Office of the Chief Financial Officer, Room 3027-S, Stop Code 9011, U.S. Department of Agriculture, 1400 Independence Avenue SW., Washington, DC 20250; (202) 720-8978; [email protected]
FR Citation80 FR 61334 

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