Delegations of Authority, 41067-41068 [E9-19480]

Download as PDF Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations enhance their capabilities and increase their participation in GSA contracts. (b) The Program consists of: (1) Mentor firms are large prime contractors with at least one active subcontracting plan, or that are eligible small businesses; ´ ´ (2) Proteges are subcontractors to the prime contractor, and include small business concerns, small disadvantaged business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, and women-owned small business concerns meeting the qualifications specified in Subpart 519.70; and ´ ´ (3) Mentor-protege Applications and ´ ´ Agreements, approved by the Mentor-Protege Program Manager in the GSA Office of Small Business Utilization (OSBU). (c) Mentor participation in the Program means providing technical, managerial and ´ ´ financial assistance to aid proteges in developing requisite high-tech expertise and business systems to compete for and successfully perform GSA contracts and subcontracts. (d) Contractors interested in participating in the Program are encouraged to read FAR Subpart 19.7 and to contact the GSA Office of Small Business Utilization (E), Washington, DC 20405, (202) 501–1021, for further information. (End of clause) 552.219–76 Mentor Requirements and Evaluation. As prescribed in 519.7017(b), insert the following clause: mstockstill on DSKH9S0YB1PROD with RULES MENTOR REQUIREMENTS AND EVALUATION ([SEP 2009]) ´ ´ (a) The purpose of the GSA Mentor-Protege Program is for a GSA prime contractor to provide developmental assistance to certain ´ ´ subcontractors qualifying as proteges. ´ ´ Eligible proteges include small business concerns, small disadvantaged business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, and women-owned small business concerns meeting the qualifications specified in section 519.7007. The Program requires an Application process and an Agreement between the mentor and the ´ ´ protege. See GSAR Subpart 519.70 for more information. (b) GSA will evaluate a GSA mentor’s performance on the following factors: (1) Specific actions taken by the contractor, during the evaluation period, to increase the ´ ´ participation of its protege as a subcontractor and supplier; (2) Specific actions taken by the contractor during this evaluation period to develop the technical and corporate administrative ´ ´ expertise of its protege as defined in the Agreement; ´ ´ (3) To what extent the protege has met the developmental objectives in the Agreement; and (4) To what extent the firm’s participation ´ ´ in the Mentor-Protege Program resulted in ´ ´ the protege receiving competitive contract(s) VerDate Nov<24>2008 16:09 Aug 13, 2009 Jkt 217001 and subcontract(s) from private firms other than the mentor, and from agencies. (c) Semi-annual reports shall be submitted ´ ´ by a GSA mentor to the GSA Mentor-Protege Program Manager, GSA Office of Small Business Utilization (E), Washington, DC 20405. The reports must include information as outlined in paragraph (b) of this section. The semi-annual report may include a narrative describing the forms of developmental assistance a mentor provides ´ ´ to a protege and any other types of permissible, mutually beneficial assistance. (d) A GSA mentor will notify the GSA ´ ´ Mentor-Protege Program Manager and the contracting officer, in writing, at least 30 days in advance of the mentor firm’s intent to voluntarily withdraw from the GSA Program or terminate the Agreement, or upon ´ ´ receipt of a protege’s notice to withdraw from the Program. ´ ´ (e) GSA mentor and protege firms will submit a ‘‘Lessons Learned’’ evaluation to the ´ ´ GSA Mentor-Protege Program Manager at the ´ ´ conclusion of the Mentor-Protege Agreement. ´ ´ At the end of each year in the Mentor-Protege ´ ´ Program, the mentor and protege, as appropriate, will formally brief the GSA ´ ´ Mentor-Protege Program manager, the technical program manager, and the contracting officer during a formal Program review regarding Program accomplishments as they pertain to the approved Agreement. (f) GSA has the authority to exclude ´ ´ mentor or protege firms from participating in the GSA Program. If GSA excludes a mentor ´ ´ or a protege from the Program, the GSA Office of Small Business Utilization will deliver to the contractor a Notice specifying the reason for Program exclusion and the effective date. The exclusion from the Program does not constitute a termination of the subcontract between the mentor and the ´ ´ protege. A plan for accomplishing the subcontract effort should the Agreement be terminated shall be submitted with the Agreement as required in section 519.7011(j). ´ ´ (g) Subcontracts awarded to GSA protege firms under this Program are exempt from competition requirements, notwithstanding FAR 52.244–5. However, price reasonableness should still be determined. (End of clause) [FR Doc. E9–19482 Filed 8–13–09; 8:45 am] 41067 amendment effectuates an adjustment that will enable NHTSA to achieve its mission more effectively and efficiently. DATES: Effective Date: The amendment is effective August 14, 2009. FOR FURTHER INFORMATION CONTACT: You may contact Jessica Lang, Office of Chief Counsel, NHTSA, 1200 New Jersey Avenue, SE., Washington, DC 20590, by phone at 202–366–5263, or by fax at 202–366–3820. SUPPLEMENTARY INFORMATION: This final rule amends the regulation on delegation of powers and duties within the National Highway Traffic Safety Administration (NHTSA). The amendment relates solely to the placement of the delegation of authority for a function within the agency. It increases the authority of the Chief Counsel to compromise civil penalties and monetary settlements. There is no substantive effect. Notice and the opportunity for comment are therefore not required under the Administrative Procedure Act. The amendment is effective immediately upon publication in the Federal Register. In addition, the amendment is not subject to Executive Order 12866, the Department of Transportation’s regulatory policies and procedures, or the provisions for Congressional review of final rules in Chapter 8 of Title 5, United States Code. List of Subjects in 49 CFR Part 501 Authorities, Delegations, Organization and functions, Succession to Administrator. ■ In consideration of the foregoing, 49 CFR part 501 is amended as follows: PART 501—[AMENDED] 1. The authority citation for part 501 continues to read as follows: ■ Authority: 49 U.S.C. secs. 105 and 322, delegation of authority at 49 CFR 1.50. Amendment effective August 14, 2009. BILLING CODE 6820–61–S 2. Section 501.8(d)(2) is revised to read as follows: ■ DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 501 [Docket No. NHTSA–2009–0146; Notice 1] Delegations of Authority AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: This document amends NHTSA’s delegations of authority. The PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 § 501.8 Delegations. * * * * * (d) * * * (2) Establish the legal sufficiency of all investigations and enforcement actions conducted under the authority of the following chapters, including notes, of Title 49 of the United States Code: Chapter 301; chapter 323; chapter 325; chapter 327; chapter 329; and chapter 331; to make an initial penalty demand based on a violations of any of these chapters; and to compromise any civil penalty or monetary settlement in an amount of $100,000 or less resulting E:\FR\FM\14AUR1.SGM 14AUR1 41068 Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations from a violation of any of these chapters. * * * * * Issued: August 7, 2009. Ronald L. Medford, Acting Deputy Administrator. [FR Doc. E9–19480 Filed 8–13–09; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 593 [Docket No. NHTSA–2009–0124] List of Nonconforming Vehicles Decided To Be Eligible for Importation mstockstill on DSKH9S0YB1PROD with RULES AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Final rule. SUMMARY: This document revises the list of vehicles not originally manufactured to conform to the Federal motor vehicle safety standards (FMVSS) that NHTSA has decided to be eligible for importation. This list is published in an appendix to the agency’s regulations that prescribe procedures for import eligibility decisions. The list has been revised to add all vehicles that NHTSA has decided to be eligible for importation since October 1, 2008, and to remove all previously listed vehicles that are now more than 25 years old and need no longer comply with all applicable FMVSS to be lawfully imported. NHTSA is required by statute to publish this list annually in the Federal Register. DATES: The revised list of import eligible vehicles is effective on August 14, 2009. FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA, (202) 366–3151. SUPPLEMENTARY INFORMATION: Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally manufactured to conform to all applicable FMVSS shall be refused admission into the United States unless NHTSA has decided that the motor vehicle is substantially similar to a motor vehicle originally manufactured for importation into and sale in the United States, certified under 49 U.S.C. 30115, and of the same model year as the model of the motor vehicle to be compared, and is capable of being readily altered to conform to all applicable FMVSS. Where there is no substantially similar U.S.-certified motor vehicle, 49 U.S.C. 30141(a)(1)(B) permits a nonconforming motor vehicle VerDate Nov<24>2008 16:09 Aug 13, 2009 Jkt 217001 to be admitted into the United States if its safety features comply with, or are capable of being altered to comply with, all applicable FMVSS based on destructive test data or such other evidence as the Secretary of Transportation decides to be adequate. Under 49 U.S.C. 30141(a)(1), import eligibility decisions may be made ‘‘on the initiative of the Secretary of Transportation or on petition of a manufacturer or importer registered under [49 U.S.C. 30141(c)].’’ The Secretary’s authority to make these decisions has been delegated to NHTSA. The agency publishes notice of eligibility decisions as they are made. Under 49 U.S.C. 30141(b)(2), a list of all vehicles for which import eligibility decisions have been made must be published annually in the Federal Register. On October 1, 1996, NHTSA added the list as an appendix to 49 CFR Part 593, the regulations that establish procedures for import eligibility decisions (61 FR 51242). As described in the notice, NHTSA took that action to ensure that the list is more widely disseminated to government personnel who oversee vehicle imports and to interested members of the public. See 61 FR 51242–43. In the notice, NHTSA expressed its intention to annually revise the list as published in the appendix to include any additional vehicles decided by the agency to be eligible for importation since the list was last published. See 61 FR 51243. The agency stated that issuance of the document announcing these revisions will fulfill the annual publication requirements of 49 U.S.C. 30141(b)(2). Ibid. Regulatory Analyses and Notices A. Executive Order 12866, Regulatory Planning and Review Executive Order 12866, ‘‘Regulatory Planning and Review’’ (58 FR 51735, October 4, 1993), provides for making determinations about whether a regulatory action is ‘‘significant’’ and therefore subject to Office of Management and Budget (OMB) review and to the requirements of the Executive Order. The Executive Order defines a ‘‘significant regulatory action’’ as one that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities; PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive Order. This rule will not have any of these effects and was not reviewed under Executive Order 12866. It is not significant within the meaning of the DOT Regulatory Policies and Procedures. The effect of this rule is not to impose new requirements. Instead it provides a summary compilation of decisions on import eligibility that have already been made and does not involve new decisions. This rule will not impose any additional burden on any person. Accordingly, the agency believes that the preparation of a regulatory evaluation is not warranted for this rule. B. Environmental Impacts We have not conducted an evaluation of the impacts of this rule under the National Environmental Policy Act. This rule does not impose any change that would result in any impacts to the quality of the human environment. Accordingly, no environmental assessment is required. C. Regulatory Flexibility Act Pursuant to the Regulatory Flexibility Act, we have considered the impacts of this rule on small entities (5 U.S.C. 601 et seq.). I certify that this rule will not have a significant economic impact upon a substantial number of small entities within the context of the Regulatory Flexibility Act. The following is our statement providing the factual basis for the certification (5 U.S.C. 605(b)). This rule will not have any significant economic impact on a substantial number of small businesses because the rule merely furnishes information by revising the list in the Code of Federal Regulations of vehicles for which import eligibility decisions have previously been made. Accordingly, we have not prepared a Final Regulatory Flexibility Analysis. D. Executive Order 13132, Federalism Executive Order 13132 requires NHTSA to develop an accountable process to ensure ‘‘meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.’’ Executive Order 13132 defines the term ‘‘Policies that have federalism implications’’ to include E:\FR\FM\14AUR1.SGM 14AUR1

Agencies

[Federal Register Volume 74, Number 156 (Friday, August 14, 2009)]
[Rules and Regulations]
[Pages 41067-41068]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19480]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 501

[Docket No. NHTSA-2009-0146; Notice 1]


Delegations of Authority

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends NHTSA's delegations of authority. The 
amendment effectuates an adjustment that will enable NHTSA to achieve 
its mission more effectively and efficiently.

DATES: Effective Date: The amendment is effective August 14, 2009.

FOR FURTHER INFORMATION CONTACT: You may contact Jessica Lang, Office 
of Chief Counsel, NHTSA, 1200 New Jersey Avenue, SE., Washington, DC 
20590, by phone at 202-366-5263, or by fax at 202-366-3820.

SUPPLEMENTARY INFORMATION: This final rule amends the regulation on 
delegation of powers and duties within the National Highway Traffic 
Safety Administration (NHTSA). The amendment relates solely to the 
placement of the delegation of authority for a function within the 
agency. It increases the authority of the Chief Counsel to compromise 
civil penalties and monetary settlements. There is no substantive 
effect. Notice and the opportunity for comment are therefore not 
required under the Administrative Procedure Act. The amendment is 
effective immediately upon publication in the Federal Register. In 
addition, the amendment is not subject to Executive Order 12866, the 
Department of Transportation's regulatory policies and procedures, or 
the provisions for Congressional review of final rules in Chapter 8 of 
Title 5, United States Code.

List of Subjects in 49 CFR Part 501

    Authorities, Delegations, Organization and functions, Succession to 
Administrator.

0
In consideration of the foregoing, 49 CFR part 501 is amended as 
follows:

PART 501--[AMENDED]

0
1. The authority citation for part 501 continues to read as follows:

    Authority: 49 U.S.C. secs. 105 and 322, delegation of authority 
at 49 CFR 1.50.

    Amendment effective August 14, 2009.


0
2. Section 501.8(d)(2) is revised to read as follows:


Sec.  501.8  Delegations.

* * * * *
    (d) * * *
    (2) Establish the legal sufficiency of all investigations and 
enforcement actions conducted under the authority of the following 
chapters, including notes, of Title 49 of the United States Code: 
Chapter 301; chapter 323; chapter 325; chapter 327; chapter 329; and 
chapter 331; to make an initial penalty demand based on a violations of 
any of these chapters; and to compromise any civil penalty or monetary 
settlement in an amount of $100,000 or less resulting

[[Page 41068]]

from a violation of any of these chapters.
* * * * *

    Issued: August 7, 2009.
Ronald L. Medford,
Acting Deputy Administrator.
[FR Doc. E9-19480 Filed 8-13-09; 8:45 am]
BILLING CODE 4910-59-P