Bureau of Political-Military Affairs; Rescission of Statutory Debarment of Rocky Mountain Instrument Company Under the International Traffic in Arms Regulations, 7411-7412 [2019-03595]

Download as PDF Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Notices conditions. Further, the Commission also believes that granting the Exchanges an exemption from the rule filing requirements under Section 19(b) of the Exchange Act will promote efficient use of the Commission’s and the Exchanges’ resources by avoiding duplicative rule filings based on simultaneous changes to identical rule text sought by more than one SRO.14 The Commission therefore finds it appropriate in the public interest and consistent with the protection of investors to exempt the Exchanges from the rule filing requirements under Section 19(b) of the Exchange Act with respect to the above-described rules they incorporate by reference. This exemption is conditioned upon the Exchanges promptly providing written notice to their members whenever FINRA changes a rule that the Exchanges have incorporated by reference. Accordingly, it is ordered, pursuant to Section 36 of the Exchange Act,15 that the Exchanges are exempt from the rule filing requirements of Section 19(b) of the Exchange Act solely with respect to changes to the rules identified in their request that incorporate by reference certain FINRA rules that are the result of changes to such FINRA rules, provided that the Exchanges promptly provide written notice to their members whenever FINRA proposes to change a rule that the Exchanges have incorporated by reference. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.16 Eduardo A. Aleman, Deputy Secretary. [FR Doc. 2019–03736 Filed 3–1–19; 8:45 am] BILLING CODE 8011–01–P SMALL BUSINESS ADMINISTRATION Data Collection Available for Public Comments Small Business Administration. 60-Day notice and request for comments. AGENCY: ACTION: The Small Business Administration (SBA) intends to request approval from the Office of Management and Budget (OMB) for the collection of information described below. The Paperwork Reduction Act (PRA) requires federal agencies to publish a SUMMARY: 14 See BATS Options Market Order, supra note 11, 75 FR at 8761; see also 2004 Order, supra note 13, 69 FR at 8502. 15 15 U.S.C. 78mm. 16 17 CFR 200.30–3(a)(76). VerDate Sep<11>2014 17:33 Mar 01, 2019 Jkt 247001 notice in the Federal Register concerning each proposed collection of information before submission to OMB, and to allow 60 days for public comment in response to the notice. This notice complies with that requirement. DATES: Submit comments on or before May 3, 2019. ADDRESSES: Send all comments to Daniel Upham, Chief, Microenterprise Development Division, Office of Capital Access, Small Business Administration, 409 Third Street SW, Washington, DC 20416. FOR FURTHER INFORMATION CONTACT: Daniel Upham, Chief, Microenterprise Development Division, Office of Capital Access, Daniel.upham@sba.gov, 202– 205–7001, or Curtis B. Rich, Management Analyst, 202–205–7030, curtis.rich@sba.gov. SUPPLEMENTARY INFORMATION: Section 853(c) of the National Defense Authorization Act for Fiscal Year 2019 (NDAA 2019), Public Law 115–232 (8/ 13/2018) requires the SBA to study the level of participation by intermediaries that are eligible to participate in the Agency’s Microloan Program. To that end SBA plans to conduct a survey of this group of intermediaries to determine the reasons why some of them do not participate in the program. The survey will explore ways to encourage increased participation in the microloan program, and also decrease the costs associated with participation. Generally, the survey will look at the operations of the intermediaries, including structure, size, area of operations, and the nature of the services that they provide. Intermediaries that are eligible for the program but do not currently participate will be asked to identify some of the factors that contribute to their nonparticipation in the program. The survey will also explore what factors could make the program more appealing to intermediaries and lead them to participate. The complete list of questions is available upon request from SBA. Finally, as required by the NDAA 2019, the results of the study will be reported to the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives. Solicitation of Public Comments SBA is requesting comments on (a) Whether the collection of information is necessary for the agency to properly perform its functions; (b) whether the burden estimates are accurate; (c) whether there are ways to minimize the PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 7411 burden, including through the use of automated techniques or other forms of information technology; and (d) whether there are ways to enhance the quality, utility, and clarity of the requested information. Summary of Information Collection Title: SBA Study of Microenterprise Participation. Form Number: N/A. Description of Respondents: Organizations eligible to participate in the SBA Microloan Program. Estimated Number of Respondents: 500. Total Estimated Responses: 500. Total Estimated Annual Hour Burden: 160 hours. Curtis Rich, Management Analyst. [FR Doc. 2019–03720 Filed 3–1–19; 8:45 am] BILLING CODE 8025–01–P DEPARTMENT OF STATE [Public Notice: 10686] Bureau of Political-Military Affairs; Rescission of Statutory Debarment of Rocky Mountain Instrument Company Under the International Traffic in Arms Regulations Notice is hereby given that the Department of State has rescinded the statutory debarment of Rocky Mountain Instrument Company included in Federal Register notice of September 8, 2010. DATES: Rescission as of March 4, 2019. FOR FURTHER INFORMATION CONTACT: Jae Shin, Director, Office of Defense Trade Controls Compliance, Bureau of Political-Military Affairs, Department of State (202) 632–2107. SUPPLEMENTARY INFORMATION: Section 38(g)(4) of the Arms Export Control Act (AECA), 22 U.S.C. 2778(g)(4), prohibits the issuance of licenses or other approvals for the export of defense articles or defense services where the applicant, or any party to the export, has been convicted of violating the AECA and certain other U.S. criminal statues enumerated in § 38(g)(1) of the AECA. In addition, § 127.7(b) of the International Traffic in Arms Regulations (ITAR) provides for the statutory debarment of any person who has been convicted of violating or conspiring to violate the AECA. As stated in this provision, it is the policy of the Department of State not to consider applications for licenses or requests for approvals involving any person who has been statutorily debarred. Persons subject to statutory SUMMARY: E:\FR\FM\04MRN1.SGM 04MRN1 7412 Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Notices debarment are prohibited from participating directly or indirectly in any activities that are subject to the ITAR. In June 2010, Rocky Mountain Instrument Company (‘‘RMI’’) pleaded guilty to violating the AECA. On September 8, 2010, the Department notified the public of a statutory debarment imposed on RMI pursuant to ITAR § 127.7(c) related to RMI’s criminal conviction via notice in the Federal Register (75 FR 54692). The notice provided that RMI was ‘‘prohibited from participating directly or indirectly in the export of defense articles, including technical data, or in the furnishing of defense services for which a license or other approval is required.’’ On May 9, 2016, the Department modified this statutory debarment to allow specific exceptions to the debarment of RMI without the submission of a transaction exception request as an element of the application, available to persons other than RMI but excluding persons acting for or on behalf of RMI in contravention of ITAR § 127.1(d). In accordance with ITAR § 127.7(b) of the ITAR, reinstatement may only be approved after submission of a request by the debarred party. In response to such a request from RMI for reinstatement, the Department has conducted a thorough review of the circumstances surrounding the conviction, and has determined that RMI has taken appropriate steps to address the causes of the violations to warrant rescission of the notice of statutory debarment of RMI. Therefore, pursuant to ITAR § 127.7(b) the Department determines it is no longer in the national security and foreign policy interests of the United States to maintain the policy as applied to RMI, and the Department hereby rescinds the notice of RMI’s statutory debarment. The Department notes that the Federal Register notice of debarment for RMI stated that ‘‘export privileges may be reinstated only at the request of the debarred person followed by the necessary interagency consultations, after a thorough review of the circumstances surrounding the conviction, and a finding that appropriate steps have been taken to mitigate any law enforcement concerns, as required by Section 38(g)(4) of the AECA. Unless export privileges are reinstated, however, the person remains debarred.’’ (75 FR 54693). The Department is no longer requiring that export privileges be reinstated pursuant to ITAR § 127.11 and § 38(g)(4) of the AECA prior to the rescission of statutory debarment. This change in policy VerDate Sep<11>2014 17:33 Mar 01, 2019 Jkt 247001 recognizes that the circumstances warranting statutory debarment may be different than those warranting the revocation of export privileges. The Department may find, as it does in this instance, that the national security and foreign policy interests of the United States are not advanced by maintaining the Department-imposed ITAR § 127.7(b) prohibition on persons convicted of violating or conspiring to violate the AECA from ‘‘participating directly or indirectly in any activities that are subject to [the ITAR]’’ and where the debarred person may not meet the requirements of ITAR § 127.11(b) (implementing the restrictions of § 38(g)(4) of the AECA). This notice rescinds the statutory debarment of RMI but does not provide notice of reinstatement of export privileges for RMI pursuant to the statutory requirements of § 38(g)(4) of the AECA and ITAR § 127.11. As required by the statute, the Department may not issue a license directly to RMI except as may be determined on a caseby-case basis after interagency consultations, a thorough review of the circumstances surrounding the conviction, and a finding that appropriate steps have been taken to mitigate any law enforcement concerns. Any determination by the Department regarding the reinstatement of export privileges for RMI will be made in accordance with these statutory and regulatory requirements and will be the subject of a separate notice. All otherwise eligible persons may engage in exports of RMI manufactured defense articles, incorporate RMI manufactured items into defense articles for export, or otherwise engage in transactions subject to the ITAR without providing prior written notification of RMI’s involvement as otherwise required by ITAR § 127.1(d) and the transaction exception requirements of the Federal Register notice of statutory debarment (75 FR 54693). Dated: February 4, 2019. Andrea L. Thompson, Under Secretary, Arms Control and International Security, Department of State. [FR Doc. 2019–03595 Filed 3–1–19; 8:45 am] BILLING CODE 4710–25–P PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA–2019–0128] Agency Information Collection Activities: Requests for Comments; Clearance of a Renewed Approval of Information Collection: Notice of Landing Area Proposal Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The collection involves gathering information from airport sponsors about any establishment, construction, alteration, or change to the status or use of an airport. The FAA uses this information to conduct airport airspace analyses to understand the impact of proposed actions on existing and planned operating procedures, determine potential hazardous effects, and identify any mitigating measures needed to enhance safe air navigation. Additionally, the information updates the aeronautical charts and maps airports having emergency landing or landmark values. DATES: Written comments should be submitted by May 3, 2019. ADDRESSES: Please send written comments: By Electronic Docket: www.regulations.gov (Enter docket number into search field). By mail: Raymond Zee, Airport Engineering Division (AAS–100), Office of Airport Safety and Standards, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591. By fax: 202–267–5383. Public Comments Invited: You are asked to comment on any aspect of this information collection, including (a) Whether the proposed collection of information is necessary for FAA’s performance; (b) the accuracy of the estimated burden; (c) ways for FAA to enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. FOR FURTHER INFORMATION CONTACT: Raymond Zee by email at: SUMMARY: E:\FR\FM\04MRN1.SGM 04MRN1

Agencies

[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Notices]
[Pages 7411-7412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03595]


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DEPARTMENT OF STATE

[Public Notice: 10686]


Bureau of Political-Military Affairs; Rescission of Statutory 
Debarment of Rocky Mountain Instrument Company Under the International 
Traffic in Arms Regulations

SUMMARY: Notice is hereby given that the Department of State has 
rescinded the statutory debarment of Rocky Mountain Instrument Company 
included in Federal Register notice of September 8, 2010.

DATES: Rescission as of March 4, 2019.

FOR FURTHER INFORMATION CONTACT: Jae Shin, Director, Office of Defense 
Trade Controls Compliance, Bureau of Political-Military Affairs, 
Department of State (202) 632-2107.

SUPPLEMENTARY INFORMATION: Section 38(g)(4) of the Arms Export Control 
Act (AECA), 22 U.S.C. 2778(g)(4), prohibits the issuance of licenses or 
other approvals for the export of defense articles or defense services 
where the applicant, or any party to the export, has been convicted of 
violating the AECA and certain other U.S. criminal statues enumerated 
in Sec.  38(g)(1) of the AECA. In addition, Sec.  127.7(b) of the 
International Traffic in Arms Regulations (ITAR) provides for the 
statutory debarment of any person who has been convicted of violating 
or conspiring to violate the AECA. As stated in this provision, it is 
the policy of the Department of State not to consider applications for 
licenses or requests for approvals involving any person who has been 
statutorily debarred. Persons subject to statutory

[[Page 7412]]

debarment are prohibited from participating directly or indirectly in 
any activities that are subject to the ITAR.
    In June 2010, Rocky Mountain Instrument Company (``RMI'') pleaded 
guilty to violating the AECA. On September 8, 2010, the Department 
notified the public of a statutory debarment imposed on RMI pursuant to 
ITAR Sec.  127.7(c) related to RMI's criminal conviction via notice in 
the Federal Register (75 FR 54692). The notice provided that RMI was 
``prohibited from participating directly or indirectly in the export of 
defense articles, including technical data, or in the furnishing of 
defense services for which a license or other approval is required.'' 
On May 9, 2016, the Department modified this statutory debarment to 
allow specific exceptions to the debarment of RMI without the 
submission of a transaction exception request as an element of the 
application, available to persons other than RMI but excluding persons 
acting for or on behalf of RMI in contravention of ITAR Sec.  127.1(d).
    In accordance with ITAR Sec.  127.7(b) of the ITAR, reinstatement 
may only be approved after submission of a request by the debarred 
party. In response to such a request from RMI for reinstatement, the 
Department has conducted a thorough review of the circumstances 
surrounding the conviction, and has determined that RMI has taken 
appropriate steps to address the causes of the violations to warrant 
rescission of the notice of statutory debarment of RMI. Therefore, 
pursuant to ITAR Sec.  127.7(b) the Department determines it is no 
longer in the national security and foreign policy interests of the 
United States to maintain the policy as applied to RMI, and the 
Department hereby rescinds the notice of RMI's statutory debarment.
    The Department notes that the Federal Register notice of debarment 
for RMI stated that ``export privileges may be reinstated only at the 
request of the debarred person followed by the necessary interagency 
consultations, after a thorough review of the circumstances surrounding 
the conviction, and a finding that appropriate steps have been taken to 
mitigate any law enforcement concerns, as required by Section 38(g)(4) 
of the AECA. Unless export privileges are reinstated, however, the 
person remains debarred.'' (75 FR 54693). The Department is no longer 
requiring that export privileges be reinstated pursuant to ITAR Sec.  
127.11 and Sec.  38(g)(4) of the AECA prior to the rescission of 
statutory debarment. This change in policy recognizes that the 
circumstances warranting statutory debarment may be different than 
those warranting the revocation of export privileges. The Department 
may find, as it does in this instance, that the national security and 
foreign policy interests of the United States are not advanced by 
maintaining the Department-imposed ITAR Sec.  127.7(b) prohibition on 
persons convicted of violating or conspiring to violate the AECA from 
``participating directly or indirectly in any activities that are 
subject to [the ITAR]'' and where the debarred person may not meet the 
requirements of ITAR Sec.  127.11(b) (implementing the restrictions of 
Sec.  38(g)(4) of the AECA).
    This notice rescinds the statutory debarment of RMI but does not 
provide notice of reinstatement of export privileges for RMI pursuant 
to the statutory requirements of Sec.  38(g)(4) of the AECA and ITAR 
Sec.  127.11. As required by the statute, the Department may not issue 
a license directly to RMI except as may be determined on a case-by-case 
basis after interagency consultations, a thorough review of the 
circumstances surrounding the conviction, and a finding that 
appropriate steps have been taken to mitigate any law enforcement 
concerns. Any determination by the Department regarding the 
reinstatement of export privileges for RMI will be made in accordance 
with these statutory and regulatory requirements and will be the 
subject of a separate notice. All otherwise eligible persons may engage 
in exports of RMI manufactured defense articles, incorporate RMI 
manufactured items into defense articles for export, or otherwise 
engage in transactions subject to the ITAR without providing prior 
written notification of RMI's involvement as otherwise required by ITAR 
Sec.  127.1(d) and the transaction exception requirements of the 
Federal Register notice of statutory debarment (75 FR 54693).

    Dated: February 4, 2019.
Andrea L. Thompson,
Under Secretary, Arms Control and International Security, Department of 
State.
[FR Doc. 2019-03595 Filed 3-1-19; 8:45 am]
 BILLING CODE 4710-25-P