Submission for OMB Review; FAR Part 9 Responsibility Matters, 38982-38983 [2019-16976]
Download as PDF
38982
Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Notices
Ms.
Mahruba Uddowla, Procurement
Analyst, at telephone 703–605–2868, or
mahruba.uddowla@gsa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
A. OMB Control Number, Title, and
Any Associated Form(s)
9000–0193, FAR Part 9 Responsibility
Matters.
[OMB Control No. 9000–0193; Docket No.
2019–0003; Sequence No. 22]
Submission for OMB Review; FAR Part
9 Responsibility Matters
Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Notice.
AGENCY:
Under the provisions of the
Paperwork Reduction Act, the
Regulatory Secretariat Division has
submitted to the Office of Management
and Budget (OMB) a request to review
and approve a revision and renewal of
a previously approved information
collection requirement regarding the
responsibility of prospective
contractors.
DATES: Submit comments on or before
September 9, 2019.
ADDRESSES: Submit comments regarding
this burden estimate or any other aspect
of this collection of information,
including suggestions for reducing this
burden to: Office of Information and
Regulatory Affairs of OMB, Attention:
Desk Officer for GSA, Room 10236,
NEOB, Washington, DC 20503 or at
Oira_submission@omb.eop.gov.
Additionally submit a copy to GSA by
any of the following methods:
• Federal eRulemaking Portal: This
website provides the ability to type
short comments directly into the
comment field or attach a file for
lengthier comments. Go to https://
www.regulations.gov and follow the
instructions on the site.
• Mail: General Services
Administration, Regulatory Secretariat
Division (MVCB), 1800 F Street NW,
Washington, DC 20405. ATTN: Lois
Mandell/IC 9000–0193, FAR Part 9
Responsibility Matters.
Instructions: All items submitted
must cite Information Collection 9000–
0193, FAR Part 9 Responsibility Matters.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided. To confirm
receipt of your comment(s), please
check www.regulations.gov,
approximately two-to-three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
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SUMMARY:
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16:51 Aug 07, 2019
Jkt 247001
B. Needs and Uses
DoD, GSA, and NASA are in the
process of combining OMB Control Nos.
for the Federal Acquisition Regulation
(FAR) by FAR part. This consolidation
is expected to improve industry’s ability
to easily and efficiently identify all
burdens associated with a given FAR
part. The review of the information
collections by FAR part allows
improved oversight to ensure there is no
redundant or unaccounted for burden
placed on the public. Lastly, combining
information collections in a given FAR
part is also expected to reduce the
administrative burden associated with
reviewing, processing, or commenting
on multiple information collections.
This justification supports renewal of
OMB Control No. 9000–0193 and
combines it with the previously
approved information collections OMB
Control No(s). 9000–0094, with the new
title ‘‘FAR Part 9 Responsibility
Matters’’. Upon approval of this
consolidated information collection,
OMB Control No(s). 9000–0094 will be
discontinued. The burden requirements
previously approved under the
discontinued Number(s) will be covered
under OMB Control No. 9000–0193.
This clearance covers the information
that offerors and contractors must
submit to comply with the following
FAR requirements:
1. Prohibition on Contracting With
Corporations with Delinquent Taxes or
a Felony Conviction (FAR 52.209–11,
52.209–12, and 52.212–3(q)). FAR
provision 52.209–11, Representation by
Corporations Regarding Delinquent Tax
Liability or a Felony Conviction under
any Federal Law, and its equivalent for
commercial acquisitions at FAR
provision 52.212–3(q), implement
sections 744 and 745 of Division E of
the Consolidated and Further
Continuing Appropriations Act, 2015
(Pub. L. 113–235). Sections 744 and 745
prohibit agencies from entering into a
contract with any corporation with any
delinquent Federal tax liability or a
felony conviction, unless the agency has
considered suspension or debarment of
the corporation and has made a
determination that this further action is
not necessary to protect the interests of
the Government.
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
FAR provision 52.209–12,
Certification Regarding Tax Matters,
implements section 523 of the
Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2015
(Division B) and the same provision in
subsequent appropriations acts.
Agencies funded by these acts include
the Department of Commerce, the
Department of Justice, NASA, as well as
some smaller agencies. This section
prohibits award of any contract in an
amount greater than $5,000,000 by those
covered agencies, unless the offeror
affirmatively certifies that it has filed all
Federal tax returns required during the
three years preceding the certification;
has not been convicted of a criminal
offense under the Internal Revenue
Code of 1986; and has not, more than 90
days prior to certification, been notified
of any unpaid Federal tax assessment
for which the liability remains
unsatisfied, unless the assessment is the
subject of an installment agreement or
offer in compromise that has been
approved by the Internal Revenue
Service and is not in default, or the
assessment is the subject of a nonfrivolous administrative or judicial
proceeding.
2. Debarment, Suspension, and other
Responsibility Matters (FAR 52.209–5,
52.209–6, and 52.212–3(h)). The
Competition in Contracting Act of 1984
requires that contract awards be made to
responsible prospective contractors
only. To be determined responsible, a
prospective contractor must meet a
series of general standards. The
standards include having a satisfactory
record of integrity and business ethics,
and being otherwise qualified and
eligible to receive an award under
applicable laws and regulations. FAR
provision 52.209–5, Certification
Regarding Responsibility Matters, and
its equivalent for commercial
acquisitions at FAR provision 52.212–
3(h), require the disclosure of certain
critical factors by an offeror to be
considered by the contracting officer in
making a responsibility determination.
These critical factors, e.g., suspended,
debarred, criminal offense conviction,
etc., determine whether the offeror is
eligible for an award. The provision also
requires offerors to provide immediate
written notice to the contracting officer
if, at any time prior to contract award,
the offeror learns that its certification
was erroneous when submitted or has
become erroneous by reason of changed
circumstances.
FAR clause 52.209–6, Protecting the
Government’s Interest When
Subcontracting with Contractor’s
Debarred, Suspended, or Proposed for
Debarment, similarly ensures that the
E:\FR\FM\08AUN1.SGM
08AUN1
jbell on DSK3GLQ082PROD with NOTICES
Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Notices
Government deals with responsible
subcontractors. Paragraph (b) of 52.209–
6 prohibits contractors from entering
into any subcontract in excess of
$35,000 with a subcontractor that is
debarred, suspended, or proposed for
debarment by any executive agency
unless there is a compelling reason to
do so. Paragraph (c) of the clause
requires the contractor to require each
proposed subcontractor whose
subcontract will exceed $35,000, to
disclose to the contractor in writing,
whether as of the time of award of the
subcontract, the subcontractor, or its
principals, is or is not debarred,
suspended, or proposed for debarment
by the Government. Paragraph (d) of
clause requires that before entering into
a subcontract with a party that is
debarred, suspended, or proposed for
debarment, a corporate officer or
designee of the contractor must notify
the contracting officer, in writing, of the
name of the subcontractor; why the
subcontractor is debarred, suspended, or
ineligible; the compelling reason(s) for
doing business with the subcontractor;
and how the contractor will protect the
Government’s interests when dealing
with such subcontractor. For any
subcontract subject to Government
consent, contracting officers shall not
consent to such subcontracts, unless the
agency head or a designee states in
writing the compelling reasons for
approving such subcontract.
3. Information Regarding
Responsibility Matters and Updates to
that Publicly Available Information
(FAR 52.209–7 and 52.209–9). Section
872 of the Duncan Hunter National
Defense Authorization Act of 2009 (Pub.
L. 110–417), enacted on October 14,
2008, required the development and
maintenance of an information system
that contains specific information on the
integrity and performance of covered
Federal agency contractors and grantees.
The Federal Awardee Performance and
Integrity Information System (FAPIIS)
was developed to address these
requirements. FAPIIS provides users
access to integrity and performance
information from the FAPIIS reporting
module in the Contractor Performance
Assessment Reporting System (CPARS),
as well as proceedings information and
suspension/debarment information from
SAM. FAR provision 52.209–7,
Information Regarding Responsibility
Matters, requires information that is
necessary to: (1) Determine the
responsibility of prospective
contractors; and (2) ensure that
contractors maintain for accuracy and
completeness, their integrity and
performance information upon which
VerDate Sep<11>2014
16:51 Aug 07, 2019
Jkt 247001
responsibility determinations rely.
Paragraph (b) of the provision contains
a check box to be completed by the
offeror indicating whether or not it has
current active Federal contracts and
grants with total value greater than
$10,000,000. Paragraph (c) of the
provision states that, if the offeror
indicated in paragraph (b) that it has
current active Federal contracts and
grants with total value greater than
$10,000,000, then, by submission of the
offer, the offeror represents that the
information entered into FAPIIS is
current, accurate, and complete as of the
date of submission of the offer.
FAR clause 52.209–9, Updates of
Publicly Available Information
Regarding Responsibility Matters,
implements the requirement to keep
FAPIIS up-to-date and the requirement
of section 3010 of the Supplemental
Appropriations Act, 2010 (Pub. L. 111–
212), to make all information posted in
FAPIIS on or after April 15, 2011,
except past performance reviews,
publicly available. Paragraph (a) of the
clause at 52.209–9 requires the
contractor to update responsibility
information on a semiannual basis,
throughout the life of the contract, by
posting the information in SAM.
Paragraph (c) of the clause lets
contractors know of their ability to
provide feedback on information posted
by the Government in FAPIIS and the
procedure to follow in the event
information exempt from public
disclosure is slated to become publicly
available information in FAPIIS.
4. Prohibition on Contracting with
Inverted Domestic Corporations (FAR
52.209–2, 52.209–10, and 52.212–3(n)).
Section 745 of Division D of the
Consolidated Appropriations Act, 2008
(Pub. L. 110–161) and its successor
provisions in subsequent appropriations
acts (and as extended in continuing
resolutions) prohibit, on a
Governmentwide basis, the use of
appropriated (or otherwise made
available) funds for contracts with either
an inverted domestic corporation, or a
subsidiary of such a corporation.
FAR provision 52.209–2,Prohibition
on Contracting with Inverted Domestic
Corporations-Representation, and its
equivalent for commercial acquisitions
at FAR provision 52.212–3(n), requires
each offeror to represent whether it is,
or is not, an inverted domestic
corporation or a subsidiary of an
inverted domestic corporation.
FAR clause 52.209–10, Prohibition on
Contracting with Inverted Domestic
Corporations, requires the contractor to
promptly notify the contracting officer
in the event the contractor becomes an
inverted domestic corporation or a
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
38983
subsidiary of an inverted domestic
corporation during the period of
performance of the contract.
C. Annual Burden
Respondents/Recordkeepers:
1,333,801. (1,328,450 respondents +
5,351 recordkeepers).
Total Annual Responses: 1,437,826.4.
Total Burden Hours: 1,511,005.
(975,905 reporting hours + 535,100
recordkeeping hours).
D. Public Comment
A 60-day notice published in the
Federal Register at 84 FR 24523 on May
28, 2019. No comments were received.
Obtaining Copies: Requesters may
obtain a copy of the information
collection documents from the General
Services Administration, Regulatory
Secretariat Division (MVCB), 1800 F
Street NW, Washington, DC 20405,
telephone 202–501–4755. Please cite
OMB Control No. 9000–0193, FAR Part
9 Responsibility Matters, in all
correspondence.
Janet Fry,
Director, Federal Acquisition Policy Division,
Office of Governmentwide Acquisition Policy,
Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2019–16976 Filed 8–7–19; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0069; Docket No.
2019–0003; Sequence No. 20]
Submission for OMB Review; Indirect
Cost Rates, Predetermined Indirect
Cost Rates, and Bankruptcy
Notifications
Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Notice.
AGENCY:
Under the provisions of the
Paperwork Reduction Act, the
Regulatory Secretariat Division has
submitted to the Office of Management
and Budget (OMB) a request to review
and approve a revision and renewal of
a previously approved information
collection requirement regarding
indirect cost rates, predetermined
indirect cost rates, and bankruptcy
notifications.
SUMMARY:
E:\FR\FM\08AUN1.SGM
08AUN1
Agencies
[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Notices]
[Pages 38982-38983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16976]
[[Page 38982]]
=======================================================================
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0193; Docket No. 2019-0003; Sequence No. 22]
Submission for OMB Review; FAR Part 9 Responsibility Matters
AGENCY: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Under the provisions of the Paperwork Reduction Act, the
Regulatory Secretariat Division has submitted to the Office of
Management and Budget (OMB) a request to review and approve a revision
and renewal of a previously approved information collection requirement
regarding the responsibility of prospective contractors.
DATES: Submit comments on or before September 9, 2019.
ADDRESSES: Submit comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing this burden to: Office of Information and Regulatory Affairs
of OMB, Attention: Desk Officer for GSA, Room 10236, NEOB, Washington,
DC 20503 or at [email protected]. Additionally submit a copy
to GSA by any of the following methods:
Federal eRulemaking Portal: This website provides the
ability to type short comments directly into the comment field or
attach a file for lengthier comments. Go to https://www.regulations.gov
and follow the instructions on the site.
Mail: General Services Administration, Regulatory
Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405.
ATTN: Lois Mandell/IC 9000-0193, FAR Part 9 Responsibility Matters.
Instructions: All items submitted must cite Information Collection
9000-0193, FAR Part 9 Responsibility Matters. Comments received
generally will be posted without change to https://www.regulations.gov,
including any personal and/or business confidential information
provided. To confirm receipt of your comment(s), please check
www.regulations.gov, approximately two-to-three days after submission
to verify posting (except allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms. Mahruba Uddowla, Procurement
Analyst, at telephone 703-605-2868, or [email protected].
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and Any Associated Form(s)
9000-0193, FAR Part 9 Responsibility Matters.
B. Needs and Uses
DoD, GSA, and NASA are in the process of combining OMB Control Nos.
for the Federal Acquisition Regulation (FAR) by FAR part. This
consolidation is expected to improve industry's ability to easily and
efficiently identify all burdens associated with a given FAR part. The
review of the information collections by FAR part allows improved
oversight to ensure there is no redundant or unaccounted for burden
placed on the public. Lastly, combining information collections in a
given FAR part is also expected to reduce the administrative burden
associated with reviewing, processing, or commenting on multiple
information collections.
This justification supports renewal of OMB Control No. 9000-0193
and combines it with the previously approved information collections
OMB Control No(s). 9000-0094, with the new title ``FAR Part 9
Responsibility Matters''. Upon approval of this consolidated
information collection, OMB Control No(s). 9000-0094 will be
discontinued. The burden requirements previously approved under the
discontinued Number(s) will be covered under OMB Control No. 9000-0193.
This clearance covers the information that offerors and contractors
must submit to comply with the following FAR requirements:
1. Prohibition on Contracting With Corporations with Delinquent
Taxes or a Felony Conviction (FAR 52.209-11, 52.209-12, and 52.212-
3(q)). FAR provision 52.209-11, Representation by Corporations
Regarding Delinquent Tax Liability or a Felony Conviction under any
Federal Law, and its equivalent for commercial acquisitions at FAR
provision 52.212-3(q), implement sections 744 and 745 of Division E of
the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.
L. 113-235). Sections 744 and 745 prohibit agencies from entering into
a contract with any corporation with any delinquent Federal tax
liability or a felony conviction, unless the agency has considered
suspension or debarment of the corporation and has made a determination
that this further action is not necessary to protect the interests of
the Government.
FAR provision 52.209-12, Certification Regarding Tax Matters,
implements section 523 of the Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2015 (Division B) and the same provision
in subsequent appropriations acts. Agencies funded by these acts
include the Department of Commerce, the Department of Justice, NASA, as
well as some smaller agencies. This section prohibits award of any
contract in an amount greater than $5,000,000 by those covered
agencies, unless the offeror affirmatively certifies that it has filed
all Federal tax returns required during the three years preceding the
certification; has not been convicted of a criminal offense under the
Internal Revenue Code of 1986; and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax assessment for
which the liability remains unsatisfied, unless the assessment is the
subject of an installment agreement or offer in compromise that has
been approved by the Internal Revenue Service and is not in default, or
the assessment is the subject of a non-frivolous administrative or
judicial proceeding.
2. Debarment, Suspension, and other Responsibility Matters (FAR
52.209-5, 52.209-6, and 52.212-3(h)). The Competition in Contracting
Act of 1984 requires that contract awards be made to responsible
prospective contractors only. To be determined responsible, a
prospective contractor must meet a series of general standards. The
standards include having a satisfactory record of integrity and
business ethics, and being otherwise qualified and eligible to receive
an award under applicable laws and regulations. FAR provision 52.209-5,
Certification Regarding Responsibility Matters, and its equivalent for
commercial acquisitions at FAR provision 52.212-3(h), require the
disclosure of certain critical factors by an offeror to be considered
by the contracting officer in making a responsibility determination.
These critical factors, e.g., suspended, debarred, criminal offense
conviction, etc., determine whether the offeror is eligible for an
award. The provision also requires offerors to provide immediate
written notice to the contracting officer if, at any time prior to
contract award, the offeror learns that its certification was erroneous
when submitted or has become erroneous by reason of changed
circumstances.
FAR clause 52.209-6, Protecting the Government's Interest When
Subcontracting with Contractor's Debarred, Suspended, or Proposed for
Debarment, similarly ensures that the
[[Page 38983]]
Government deals with responsible subcontractors. Paragraph (b) of
52.209-6 prohibits contractors from entering into any subcontract in
excess of $35,000 with a subcontractor that is debarred, suspended, or
proposed for debarment by any executive agency unless there is a
compelling reason to do so. Paragraph (c) of the clause requires the
contractor to require each proposed subcontractor whose subcontract
will exceed $35,000, to disclose to the contractor in writing, whether
as of the time of award of the subcontract, the subcontractor, or its
principals, is or is not debarred, suspended, or proposed for debarment
by the Government. Paragraph (d) of clause requires that before
entering into a subcontract with a party that is debarred, suspended,
or proposed for debarment, a corporate officer or designee of the
contractor must notify the contracting officer, in writing, of the name
of the subcontractor; why the subcontractor is debarred, suspended, or
ineligible; the compelling reason(s) for doing business with the
subcontractor; and how the contractor will protect the Government's
interests when dealing with such subcontractor. For any subcontract
subject to Government consent, contracting officers shall not consent
to such subcontracts, unless the agency head or a designee states in
writing the compelling reasons for approving such subcontract.
3. Information Regarding Responsibility Matters and Updates to that
Publicly Available Information (FAR 52.209-7 and 52.209-9). Section 872
of the Duncan Hunter National Defense Authorization Act of 2009 (Pub.
L. 110-417), enacted on October 14, 2008, required the development and
maintenance of an information system that contains specific information
on the integrity and performance of covered Federal agency contractors
and grantees. The Federal Awardee Performance and Integrity Information
System (FAPIIS) was developed to address these requirements. FAPIIS
provides users access to integrity and performance information from the
FAPIIS reporting module in the Contractor Performance Assessment
Reporting System (CPARS), as well as proceedings information and
suspension/debarment information from SAM. FAR provision 52.209-7,
Information Regarding Responsibility Matters, requires information that
is necessary to: (1) Determine the responsibility of prospective
contractors; and (2) ensure that contractors maintain for accuracy and
completeness, their integrity and performance information upon which
responsibility determinations rely. Paragraph (b) of the provision
contains a check box to be completed by the offeror indicating whether
or not it has current active Federal contracts and grants with total
value greater than $10,000,000. Paragraph (c) of the provision states
that, if the offeror indicated in paragraph (b) that it has current
active Federal contracts and grants with total value greater than
$10,000,000, then, by submission of the offer, the offeror represents
that the information entered into FAPIIS is current, accurate, and
complete as of the date of submission of the offer.
FAR clause 52.209-9, Updates of Publicly Available Information
Regarding Responsibility Matters, implements the requirement to keep
FAPIIS up-to-date and the requirement of section 3010 of the
Supplemental Appropriations Act, 2010 (Pub. L. 111-212), to make all
information posted in FAPIIS on or after April 15, 2011, except past
performance reviews, publicly available. Paragraph (a) of the clause at
52.209-9 requires the contractor to update responsibility information
on a semiannual basis, throughout the life of the contract, by posting
the information in SAM. Paragraph (c) of the clause lets contractors
know of their ability to provide feedback on information posted by the
Government in FAPIIS and the procedure to follow in the event
information exempt from public disclosure is slated to become publicly
available information in FAPIIS.
4. Prohibition on Contracting with Inverted Domestic Corporations
(FAR 52.209-2, 52.209-10, and 52.212-3(n)). Section 745 of Division D
of the Consolidated Appropriations Act, 2008 (Pub. L. 110-161) and its
successor provisions in subsequent appropriations acts (and as extended
in continuing resolutions) prohibit, on a Governmentwide basis, the use
of appropriated (or otherwise made available) funds for contracts with
either an inverted domestic corporation, or a subsidiary of such a
corporation.
FAR provision 52.209-2,Prohibition on Contracting with Inverted
Domestic Corporations-Representation, and its equivalent for commercial
acquisitions at FAR provision 52.212-3(n), requires each offeror to
represent whether it is, or is not, an inverted domestic corporation or
a subsidiary of an inverted domestic corporation.
FAR clause 52.209-10, Prohibition on Contracting with Inverted
Domestic Corporations, requires the contractor to promptly notify the
contracting officer in the event the contractor becomes an inverted
domestic corporation or a subsidiary of an inverted domestic
corporation during the period of performance of the contract.
C. Annual Burden
Respondents/Recordkeepers: 1,333,801. (1,328,450 respondents +
5,351 recordkeepers).
Total Annual Responses: 1,437,826.4.
Total Burden Hours: 1,511,005. (975,905 reporting hours + 535,100
recordkeeping hours).
D. Public Comment
A 60-day notice published in the Federal Register at 84 FR 24523 on
May 28, 2019. No comments were received.
Obtaining Copies: Requesters may obtain a copy of the information
collection documents from the General Services Administration,
Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington,
DC 20405, telephone 202-501-4755. Please cite OMB Control No. 9000-
0193, FAR Part 9 Responsibility Matters, in all correspondence.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide
Acquisition Policy, Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2019-16976 Filed 8-7-19; 8:45 am]
BILLING CODE 6820-EP-P