Bureau of Political-Military Affairs; Rescission of Statutory Debarment of Jami Siraj Choudhury, David Michael Janowski II, Netria Corporation, Jonathan Robert Reynolds, and State Metal Industries, Inc. Under the International Traffic in Arms Regulations, 2802-2803 [2020-00656]
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Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices
Comments and source
information must be submitted by
February 18, 2020.
ADDRESSES: You may submit comments
and source information via the Federal
Rulemaking Portal at https://
www.regulations.gov. If you wish to
submit confidential business
information (CBI) as defined in the User
Notice at https://www.regulations.gov,
please submit the information to Carol
Hulme, Program Analyst, Office of
Government Contracting, U.S. Small
Business Administration, 409 Third
Street SW, 8th Floor, Washington, DC
20416. Highlight the information that
you consider to be CBI, and explain why
you believe this information should be
held confidential. SBA will review the
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determination as to whether the
information will be published.
FOR FURTHER INFORMATION CONTACT:
Carol Hulme, Program Analyst, by
telephone at 202–205–6347; or by email
at Carol-Ann.Hulme@sba.gov.
SUPPLEMENTARY INFORMATION: Sections
8(a)(17) and 46 of the Small Business
Act (Act), 15 U.S.C. 637(a)(17) and 657s,
and SBA’s implementing regulations,
found at 13 CFR 121.406, require that
recipients of Federal supply contracts
(except those valued between $3,500
and $250,000) set aside for small
business, SDVOSB,WOSB, EDWOSB,
HUBZone, BD program participants,
provide the product of a small business
manufacturer or processor if the
recipient of the set-aside is not the
actual manufacturer or processor of the
product. This requirement is commonly
referred to as the Nonmanufacturer Rule
(NMR). 13 CFR 121.406(b). Sections
8(a)(17)(B)(iv)(II) and 46(a)(4)(B) of the
Act authorize SBA to waive the NMR for
a ‘‘class of products’’ for which there are
no small business manufacturers or
processors available to participate in the
Federal market.
As implemented in SBA’s regulations
at 13 CFR 121.1202(c), in order to be
considered available to participate in
the Federal market for a class of
products, a small business manufacturer
must have submitted a proposal for a
contract solicitation or been awarded a
contract to supply the class of products
within the last 24 months.
The SBA defines ‘‘class of products’’
based on a combination of (1) the sixdigit NAICS code, (2) the four-digit PSC,
and (3) a description of the class of
products.
The SBA invites the public to
comment on this pending request to
waive the NMR for the following items:
Manufactured kettlebells, rubber
machine balls, Olympic weight plates,
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stretch bands, and spring collars. The
public may comment or provide source
information on any small business
manufacturers of this class of products
that are available to participate in the
Federal market. The public comment
period will run for 30 days after the date
of publication in the Federal Register.
More information on the NMR and
class waivers can be found at https://
www.sba.gov/contracting/contractingofficials/non-manufacturer-rule/nonmanufacturer-waivers.
David Loines,
Director, Office of Government Contracting.
[FR Doc. 2020–00454 Filed 1–15–20; 8:45 am]
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DEPARTMENT OF STATE
[Public Notice: 11002]
Bureau of Political-Military Affairs;
Rescission of Statutory Debarment of
Jami Siraj Choudhury, David Michael
Janowski II, Netria Corporation,
Jonathan Robert Reynolds, and State
Metal Industries, Inc. Under the
International Traffic in Arms
Regulations
Notice is hereby given that
the Department of State has rescinded
the statutory debarments of Jami Siraj
Choudhury included in Federal
Register notice of April 2, 2004, David
Michael Janowski II included in Federal
Register notice of August 25, 2009,
Netria Corporation included in Federal
Register notice of April 25, 2018,
Jonathan Robert Reynolds included in
Federal Register notice of September 3,
2003, and State Metal Industries, Inc.
included in Federal Register notice of
June 20, 2007. The aforementioned
parties are hereinafter individually and
collectively referred to as ‘‘the Parties.’’
DATES: This recission is effective on
January 16, 2020.
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
SUMMARY:
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Frm 00110
Fmt 4703
Sfmt 4703
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 not to
consider applications for licenses or
requests for approvals involving any
person who has been statutorily
debarred. Persons subject to statutory
debarment are prohibited from
participating directly or indirectly in
any activities that are subject to the
ITAR.
Each of the Parties pleaded guilty to
violating the AECA, and the Department
notified the public of the respective
Parties’ statutory debarments imposed
pursuant to ITAR § 127.7(c) via notices
in the Federal Register. The notices
provided that the Parties were
‘‘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.’’
In accordance with ITAR § 127.7(b),
reinstatement may only be approved
after submission of a request by the
debarred party. In response to such a
request from the Parties for
reinstatement, the Department has
conducted a thorough review of the
circumstances surrounding each of the
Parties’ convictions, and has determined
that the Parties have individually taken
appropriate steps to address the causes
of the violations sufficient to warrant
rescission of their respective notice of
statutory debarment. 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 the
Parties, and the Department hereby
rescinds the notice of the Parties’
statutory debarment.
The Department notes that the
Federal Register notice of debarment for
each of the Parties 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 § 38(g)(4) of the AECA.
Unless export privileges are reinstated,
however, the person remains debarred.’’
(See respective FRN). 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
recognizes that the circumstances
warranting statutory debarment may be
E:\FR\FM\16JAN1.SGM
16JAN1
Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices
different from those warranting the
revocation of export privileges. The
Department may find, as it does with
regard to each of the Parties, 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 each of the Parties but
does not provide notice of reinstatement
of export privileges for each of the
Parties 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 any of the Parties
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 each of the Parties 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 any of the Parties’
manufactured defense articles,
incorporate any of the Parties’
manufactured items into defense articles
for export, or otherwise engage in
transactions subject to the ITAR without
providing prior written notification of
the Parties’ involvement as otherwise
required by ITAR § 127.1(d) and the
transaction exception requirements of
the Federal Register notice of statutory
debarment.
Dated: December 16, 2019.
R. Clarke Cooper,
Assistant Secretary, Bureau of PoliticalMilitary Affairs, Department of State.
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[FR Doc. 2020–00656 Filed 1–15–20; 8:45 am]
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DEPARTMENT OF STATE
[Public Notice 11004]
Advisory Committee on Historical
Diplomatic Documentation—Notice of
Closed and Open Meetings for 2020
The Advisory Committee on
Historical Diplomatic Documentation
will meet on March 2, June 15,
September 14, and December 7, 2020, in
open session to discuss unclassified
matters concerning declassification and
transfer of Department of State records
to the National Archives and Records
Administration and the status of the
Foreign Relations series.
The Committee will meet in open
session from 11:00 a.m. until noon in
SA–4D Conference Room 109,
Department of State, 2300 E Street NW,
Washington DC, 20372 (Potomac Navy
Hill Annex), on all four dates. RSVP and
requests for reasonable accommodation
should be sent as directed below:
• March 2, not later than February 24,
2020.
• June 15, not later than June 8, 2020.
• September 14, not later than
September 7, 2020.
• December 7, not later than
November 30, 2020.
Closed Sessions. The Committee’s
sessions in the afternoon of Monday,
March 2, 2020; in the morning of
Tuesday, March 3; in the afternoon of
Monday, June 15, 2020; in the morning
of Tuesday, June 16, 2020; in the
afternoon of Monday, September 14,
2020; in the morning of Tuesday,
September 15, 2020; in the afternoon of
Monday, December 7, 2020; and in the
morning of Tuesday, December 8, 2020,
will be closed in accordance with
Section 10(d) of the Federal Advisory
Committee Act (Pub. L. 92–463). The
agenda calls for discussions of agency
declassification decisions concerning
the Foreign Relations series and other
declassification issues. These are
matters properly classified and not
subject to public disclosure under 5
U.S.C. 552b(c)(1) and the public interest
requires that such activities be withheld
from disclosure.
RSVP Instructions. Prior notification
and a valid government-issued photo ID
(such as driver’s license, passport, U.S.
Government or military ID) are required
for entrance into the Department of
State building. Members of the public
planning to attend the open meetings
should RSVP, by the dates indicated
above, to Julie Fort, Office of the
Historian (202–955–0214). When
responding, please provide date of birth,
valid government-issued photo
identification number and type (such as
driver’s license number/state, passport
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2803
number/country, or U.S. Government ID
number/agency or military ID number/
branch), and relevant telephone
numbers. If you cannot provide one of
the specified forms of ID, please consult
with Julie Fort for acceptable alternative
forms of picture identification.
Personal data is requested pursuant to
Public Law 99–399 (Omnibus
Diplomatic Security and Antiterrorism
Act of 1986), as amended; Public Law
107–56 (USA PATRIOT Act); and
Executive Order 13356. The purpose of
the collection is to validate the identity
of individuals who enter Department
facilities. The data will be entered into
the Visitor Access Control System
(VACS–D) database. Please see the
Security Records System of Records
Notice (State-36) at https://
www.state.gov/wp-content/uploads/
2019/05/Security-Records-STATE36.pdf, for additional information.
Questions concerning the meeting
should be directed to Adam M. Howard,
Executive Secretary, Advisory
Committee on Historical Diplomatic
Documentation, Department of State,
Office of the Historian, Washington, DC
20372, telephone (202) 955–0214, (email
history@state.gov).
Note that requests for reasonable
accommodation received after the dates
indicated in this notice will be
considered but might not be possible to
fulfill.
Adam M. Howard,
Executive Secretary, Advisory Committee on
Historical, Diplomatic Documentation,
Department of State.
[FR Doc. 2020–00629 Filed 1–15–20; 8:45 am]
BILLING CODE 4710–11–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36368]
Soo Line Corporation—Control—
Central Maine & Quebec Railway, Inc.
Surface Transportation Board.
Decision No. 1 in Docket No. FD
36368; Notice of Acceptance of
Application; Issuance of Procedural
Schedule.
AGENCY:
ACTION:
The Surface Transportation
Board (Board) is accepting for
consideration the application filed on
December 17, 2019, by Soo Line
Corporation (Soo Line Corp.) and
Central Maine & Quebec Railway US
Inc. (CMQR US) (collectively,
Applicants). The application seeks
Board approval for Soo Line Corp., an
indirect wholly owned holding
company subsidiary of Canadian Pacific
Railway Company (CP), to acquire
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Notices]
[Pages 2802-2803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00656]
=======================================================================
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DEPARTMENT OF STATE
[Public Notice: 11002]
Bureau of Political-Military Affairs; Rescission of Statutory
Debarment of Jami Siraj Choudhury, David Michael Janowski II, Netria
Corporation, Jonathan Robert Reynolds, and State Metal Industries, Inc.
Under the International Traffic in Arms Regulations
SUMMARY: Notice is hereby given that the Department of State has
rescinded the statutory debarments of Jami Siraj Choudhury included in
Federal Register notice of April 2, 2004, David Michael Janowski II
included in Federal Register notice of August 25, 2009, Netria
Corporation included in Federal Register notice of April 25, 2018,
Jonathan Robert Reynolds included in Federal Register notice of
September 3, 2003, and State Metal Industries, Inc. included in Federal
Register notice of June 20, 2007. The aforementioned parties are
hereinafter individually and collectively referred to as ``the
Parties.''
DATES: This recission is effective on January 16, 2020.
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 not to consider applications for licenses
or requests for approvals involving any person who has been statutorily
debarred. Persons subject to statutory debarment are prohibited from
participating directly or indirectly in any activities that are subject
to the ITAR.
Each of the Parties pleaded guilty to violating the AECA, and the
Department notified the public of the respective Parties' statutory
debarments imposed pursuant to ITAR Sec. 127.7(c) via notices in the
Federal Register. The notices provided that the Parties were
``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.''
In accordance with ITAR Sec. 127.7(b), reinstatement may only be
approved after submission of a request by the debarred party. In
response to such a request from the Parties for reinstatement, the
Department has conducted a thorough review of the circumstances
surrounding each of the Parties' convictions, and has determined that
the Parties have individually taken appropriate steps to address the
causes of the violations sufficient to warrant rescission of their
respective notice of statutory debarment. 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 the Parties, and the Department
hereby rescinds the notice of the Parties' statutory debarment.
The Department notes that the Federal Register notice of debarment
for each of the Parties 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 Sec. 38(g)(4) of the AECA. Unless export
privileges are reinstated, however, the person remains debarred.'' (See
respective FRN). 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
[[Page 2803]]
different from those warranting the revocation of export privileges.
The Department may find, as it does with regard to each of the Parties,
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 each of the Parties
but does not provide notice of reinstatement of export privileges for
each of the Parties 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 any of the Parties
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 each of
the Parties 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 any of the
Parties' manufactured defense articles, incorporate any of the Parties'
manufactured items into defense articles for export, or otherwise
engage in transactions subject to the ITAR without providing prior
written notification of the Parties' involvement as otherwise required
by ITAR Sec. 127.1(d) and the transaction exception requirements of
the Federal Register notice of statutory debarment.
Dated: December 16, 2019.
R. Clarke Cooper,
Assistant Secretary, Bureau of Political-Military Affairs, Department
of State.
[FR Doc. 2020-00656 Filed 1-15-20; 8:45 am]
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