Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended, 114-115 [2020-29128]

Download as PDF 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 https://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 VerDate Sep<11>2014 17:28 Dec 31, 2020 Jkt 253001 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. PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 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 Office of the Secretary, Department of Homeland Security. ACTION: Notice of determination. AGENCY: 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 SUMMARY: E:\FR\FM\04JAN1.SGM 04JAN1 Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices 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. VerDate Sep<11>2014 17:28 Dec 31, 2020 Jkt 253001 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 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 115 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 Office of the Assistant Secretary for Public and Indian Housing, PIH, HUD. ACTION: Notice. AGENCY: 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 SUMMARY: E:\FR\FM\04JAN1.SGM 04JAN1

Agencies

[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
[Notices]
[Pages 114-115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29128]


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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

[[Page 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

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