Delegations of Authority, 41067-41068 [E9-19480]
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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)
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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
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§ 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
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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;
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Fmt 4700
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(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
