[Federal Register Volume 81, Number 93 (Friday, May 13, 2016)]
[Rules and Regulations]
[Pages 29793-29798]
[FR Doc No: 2016-11378]

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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1519 and 1552

[EPA-HQ-OARM-2015-0550; FRL 9945-69-OARM]

Environmental Protection Agency Acquisition Regulation; Small
Business Programs, Solicitation Provisions and Contract Clauses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is issuing a final
rule to remove outdated information and make administrative changes to
the Environmental Protection Agency Acquisition Regulation (EPAAR). EPA
does not anticipate any adverse comments.

DATES: This rule is effective on July 12, 2016 without further action,
unless EPA receives adverse comment by June 13, 2016. If EPA receives
adverse comment, a timely withdrawal will be published in the Federal
Register informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2015-0550, at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be

edited or removed from Regulations.gov. The EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the Web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Julianne Odend'hal, Policy, Training,
and Oversight Division, Acquisition Policy and Training Service Center
(3802R), Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Why is EPA using a direct final rule?

    EPA is publishing this rule without a prior proposed rule because
EPA views this as a noncontroversial action and anticipates no adverse
comments. EPAAR Parts 1519 and 1552 are being amended to remove
outdated information and to make administrative changes. If EPA
receives adverse comment, a timely withdrawal will be published in the
Federal Register informing the public that the rule will not take
effect. Any parties interested in commenting must do so at this time.

II. Does this action apply to me?

    The EPAAR applies to contractors who have a contract with the EPA.

III. What should I consider as I prepare my comments for EPA?

    A. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or email. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
as CBI, and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    B. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

IV. Background

    EPAAR Parts 1519 and 1552 are being amended to remove outdated
information and to make administrative changes.

V. Final Rule

    This direct final rule makes the following changes: (1) Updates
outdated terms throughout EPAAR Parts 1519 and 1552 by removing
``Office of Small and Disadvantaged Business Utilization (OSDBU)'' and
adding ``Office of Small Business Programs (OSBP)'' in its place,
removing ``Small and Disadvantaged Business Utilization Specialists''
and adding ``Small Business Specialists'' in its place, removing
``Subcontracting with Small Business and Small Disadvantaged Business
Concerns'' and adding ``Small Business Subcontracting Program'' in its
place; (2) amends section 1519.201 by removing the words ``and the
local'' and adding the words ``(CCO)s or Regional Acquisitions Managers
(RAMs), the assigned'' in its place; (3) amends section 1519.201-72,
paragraph (a), by removing the words ``for each contracting office'',
and adding the words ``The appointing authorities for regional SBS are
the RAMs. The SBSs for EPA headquarters, Research Triangle Park (RTP),
and Cincinnati shall be appointed by the OSBP Director.'', and removing
the words ``The appointing authorities are the Chiefs of the
Contracting Offices.''; (4) Amends Section 1519.201-72, paragraph (c),
by removing subparagraph (6) and re-numbering subparagraphs (7) through
(10) to read (6) through (9), and amends re-numbered subparagraph (9)
to read ``Act as liaison with the appropriate SBA office or
representative in connection with matters concerning the small business
programs including set-asides.''; (5) amends section 1519.202-5, Data
Collection and Reporting Requirements, by removing and reserving the
section because this section is outdated; (6) amends section 1519.204,
Small Disadvantaged Business Participation, by removing and reserving
the section to conform to the FAR; (7) amends section 1552.219-70,
paragraph (f), by removing the words ``Standard Form 294, Subcontracts
Report for Individual Contracts'' and adding the words ``Individual
Subcontract Reports (ISR)'' in its place; (8) amends section 1552.219-
71, paragraph (e), by removing from subparagraph (4) the words ``If
recently required to submit a SF 295, provide copies of the two
preceding year's reports;'' (9) amends section 1552.219-71, paragraph
(k) by removing the text and adding new text in its place; (10) amends
section 1552.219-72, Small Disadvantaged Business Participation
Program, section 1552.219-73, Small Disadvantaged Business Targets,
section 1552.219-74, Small Disadvantaged Business Participation
Evaluation Factor, by removing and reserving the sections to conform to
the FAR.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the PRA because it does not contain any information collection
activities.

C. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. This action amends EPAAR parts 1519 and
1552 to remove outdated information and to make administrative changes.
We have therefore concluded that this action will have no net
regulatory burden for all directly regulated small entities.

D. Unfunded Mandates Reform Act

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local or tribal governments or the
private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). Thus, Executive
Order 13175 does not apply to this action. In the spirit of Executive
Order 13175, and consistent with EPA policy to promote communication
between EPA and Tribal governments, EPA specifically solicits
additional comment on this rule from Tribal officials.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act of 1995

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (February 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. EPA has determined that this final
rule will not have disproportionately high and adverse human health or
environmental effects on minority or low-income populations because it
does not affect the level of protection provided to human health or the
environment.

K. Congressional Review

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804 exempts from section 801 the following types
of rules (1) rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required
to submit a rule report regarding this action under section 801 because
this is a rule of agency organization, procedure, or practice that does
not substantially affect the rights or obligations of non-agency
parties.

List of Subjects in 48 CFR Parts 1519 and 1552

    Government procurement.

    Dated: May 2, 2016.
John R. Bashista,
Director, Office of Acquisition Management.

    For the reasons stated in the preamble, 48 CFR parts 1519 and 1552
are amended as set forth below:

0
1. Revise part 1519 to read as follows:

PART 1519--SMALL BUSINESS PROGRAMS

Subpart 1519.2--Policies
Sec.
1519.201 Policy.
1519.201-71 Director of the Office of Small Business Programs.
1519.201-72 Small business specialists.
1519.202-5 [Reserved]
1519.203 Mentor-prot[eacute]g[eacute].
1519.204 [Reserved]
Subpart 1519.5--Set-Asides for Small Business
1519.501 Review of acquisitions.
1519.503 Class set-aside for construction.
Subpart 1519.7--The Small Business Subcontracting Program
1519.705-2 Determining the need for a subcontract plan.
1519.705-4 Reviewing the subcontracting plan.
1519.705-70 Synopsis of contracts containing Pub. L. 95-507
subcontracting plans and goals.

    Authority:  Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).

Subpart 1519.2--Policies

1519.201  Policy.

    Each program's Assistant or Associate Administrator shall be
responsible for developing its socioeconomic goals on a fiscal year
basis. The goals shall be developed in collaboration with the
supporting Chiefs of Contracting Offices (CCOs) or Regional Acquisition
Managers (RAMs), the assigned Small Business Specialist (SBS), and the
Office of Small Business Programs (OSBP). The goals will be based on
advance procurement plans and past performance. The goals shall be
submitted to the Director of OSBP, at least thirty (30) days prior to
the start of the fiscal year.

1519.201-71  Director of the Office of Small Business Programs.

    The Director of the Office of Small Business Programs (OSBP)
provides guidance and advice, as appropriate, to

Agency program and contracts officials on small business programs. The
OSBP Director is the central point of contact for inquiries concerning
the small business programs from industry, the Small Business
Administration (SBA), and the Congress; and shall advise the
Administrator and staff of such inquiries as required. The OSBP
Director shall represent the Agency in the negotiations with the other
Government agencies on small business programs matters.

1519.201-72  Small business specialists.

    (a) Small Business Specialists (SBSs) shall be appointed in
writing. Regional SBSs will normally be appointed from members of
staffs of the appointing authority. The appointing authorities for
regional SBSs are the RAMs. The SBSs for EPA headquarters, Research
Triangle Park (RTP), and Cincinnati shall be appointed by the OSBP
Director. The SBS is administratively responsible directly to the
appointing authority and, on matters relating to small business
programs activities, receives technical guidance from the OSBP
Director.
    (b) A copy of each appointment and termination of all SBSs shall be
forwarded to the OSBP Director. In addition to performing the duties
outlined in paragraph (c) of this section that are normally performed
in the activity to which assigned, the SBS shall perform such
additional functions as may be prescribed from time to time in
furtherance of overall small business programs goals. The SBS may be
appointed on either a full- or part-time basis; however, when appointed
on a part-time basis, small business duties shall take precedence over
collateral responsibilities.
    (c) The SBS appointed pursuant to paragraph (a) of this section
shall perform the following duties as appropriate:
    (1) Maintain a program designed to locate capable small business
sources for current and future acquisitions;
    (2) Coordinate inquiries and requests for advice from small
business concerns on acquisition matters;
    (3) Review all proposed solicitations in excess of the simplified
acquisition threshold, assure that small business concerns will be
afforded an equitable opportunity to compete, and, as appropriate,
initiate recommendations for small business set-asides, or offers of
requirements to the Small Business Administration (SBA) for the 8(a)
program, and complete EPA Form 1900-37, ``Record of Procurement Request
Review,'' as appropriate;
    (4) Take action to assure the availability of adequate
specifications and drawings, when necessary, to obtain small business
participation in an acquisition. When small business concerns cannot be
given an opportunity on a current acquisition, initiate action, in
writing, with appropriate technical and contracting personnel to ensure
that necessary specifications and/or drawings for future acquisitions
are available;
    (5) Review proposed contracts for possible breakout of items or
services suitable for acquisition from small business concerns;
    (6) Participate in the evaluation of a prime contractor's small
business subcontracting programs;
    (7) Assure that adequate records are maintained, and accurate
reports prepared, concerning small business participation in
acquisition programs;
    (8) Make available to SBA copies of solicitations when so
requested;
    (9) Act as liaison with the appropriate SBA office or
representative in connection with matters concerning the small business
programs including set-asides.

1519.202-5  [Reserved]

1519.203  Mentor-prot[eacute]g[eacute].

    (a) The contracting officer shall insert the clause at 1552.219-70,
Mentor-Prot[eacute]g[eacute] Program, in all contracts under which the
contractor has been approved to participate in the EPA Mentor-
Prot[eacute]g[eacute] Program.
    (b) The contracting officer shall insert the provision at 1552.219-
71, Procedures for Participation in the EPA Mentor-
Prot[eacute]g[eacute] Program, in all solicitations valued at $500,000
or more which will be cost-plus-award-fee or cost-plus fixed-fee
contracts.

1519.204  [Reserved]

Subpart 1519.5--Set-Asides for Small Business

1519.501  Review of acquisitions.

    (a) If no Small Business Administration (SBA) representative is
available, the Small Business Specialist (SBS) shall initiate
recommendations to the contracting officer for small business set-
asides with respect to individual acquisitions or classes of
acquisitions or portions thereof.
    (b) When the SBS has recommended that all, or a portion, of an
individual acquisition or class of acquisitions be set aside for small
business, the contracting officer shall:
    (1) Promptly concur in the recommendation; or
    (2) Promptly disapprove the recommendation, stating in writing the
reasons for disapproval. If the contracting officer disapproves the
recommendation of the SBS, the SBS may appeal to the appropriate
appointing authority, whose decision shall be final.

1519.503  Class set-aside for construction.

    (a) Each proposed acquisition for construction estimated to cost
between $10,000 and $1,000,000 shall be set-aside for exclusive small
business participation. Such set-asides shall be considered to be
unilateral small business set-asides, and shall be withdrawn in
accordance with the procedure of FAR 19.506 only if found not to serve
the best interest of the Government.
    (b) Small business set-aside preferences for construction
acquisitions in excess of $1,000,000 shall be considered on a case-by-
case basis.

Subpart 1519.7--The Small Business Subcontracting Program

1519.705-2  Determining the need for a subcontract plan.

    One copy of the determination required by FAR 19.705-2(c) shall be
placed in the contract file and one copy provided to the Director of
the Office of Small Business Programs.

1519.705-4  Reviewing the subcontracting plan.

    In determining the acceptability of a proposed subcontracting plan,
the contracting officer shall obtain advice and recommendations from
the Office of Small Business Programs, which shall in turn coordinate
review by the Small Business Administration Procurement Center
Representative (if any).

1519.705-70  Synopsis of contracts containing Pub. L. 95-507
subcontracting plans and goals.

    The synopsis of contract award, where applicable, shall include a
statement identifying the contract as one containing Public Law 95-507
subcontracting plans and goals.

PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
2. The authority citation for part 1552 continues to read as follows:

    Authority:  5 U.S.C 301; Sec. 205(c), 63 Stat. 390, as amended,
40 U.S.C. 486(c); and 41 U.S.C. 418b.

0
3. Revise section 1552.219-70 to read as follows:

1552.219-70  Mentor-Prot[eacute]g[eacute] Program.

    As prescribed in 1519.203(a), insert the following clause:

Mentor-Prot[eacute]g[eacute] Program (JUL 2016)

    (a) The Contractor has been approved to participate in the EPA
Mentor-Prot[eacute]g[eacute] Program. The purpose of the Program is
to increase the participation of small disadvantaged businesses
(SDBs) as subcontractors, suppliers, and ultimately as prime
contractors; establish a mutually beneficial relationship with SDBs
and EPA's large business prime contractors (although small
businesses may participate as Mentors); develop the technical and
corporate administrative expertise of SDBs which will ultimately
lead to greater success in competition for contract opportunities;
promote the economic stability of SDBs; and aid in the achievement
of goals for the use of SDBs in subcontracting activities under EPA
contracts.
    (b) The Contractor shall submit an executed Mentor-
Prot[eacute]g[eacute] agreement to the Contracting Officer, with a
copy to the Office of Small Business Programs (OSBP) or the Small
Business Specialist, within thirty (30) calendar days after the
effective date of the contract. The Contracting Officer will notify
the Contractor within thirty (30) calendar days from its submission
if the agreement is not accepted.
    (c) The Contractor as a Mentor under the Program agrees to
fulfill the terms of its agreement(s) with the Prot[eacute]g[eacute]
firm(s).
    (d) If the Contractor or Prot[eacute]g[eacute] firm is suspended
or debarred while performing under an approved Mentor-
Prot[eacute]g[eacute] agreement, the Contractor shall promptly give
notice of the suspension or debarment to the OSBP and the
Contracting Officer.
    (e) Costs incurred by the Contractor in fulfilling their
agreement(s) with the Prot[eacute]g[eacute] firm(s) are not
reimbursable on a direct basis under this contract.
    (f) In an attachment to Individual Subcontract Reports (ISR),
the Contractor shall report on the progress made under their Mentor-
Prot[eacute]g[eacute] agreement(s), providing:
    (1) The number of agreements in effect; and
    (2) The progress in achieving the developmental assistance
objectives under each agreement, including whether the objectives of
the agreement have been met, problem areas encountered, and any
other appropriate information.

(End of clause)

0
4. Revise section 1552.219-71 to read as follows:

1552.219-71  Procedures for Participation in the EPA Mentor-
Prot[eacute]g[eacute] Program.

    As prescribed in 1519.203(b), insert the following provision:

Procedures for Participation in the EPA Mentor-Prot[eacute]g[eacute]
Program (JUL 2016)

    (a) This provision sets forth the procedures for participation
in the EPA Mentor-Prot[eacute]g[eacute] Program (hereafter referred
to as the Program). The purpose of the Program is to increase the
participation of concerns owned and/or controlled by socially and
economically disadvantaged individuals as subcontractors, suppliers,
and ultimately as prime contractors; to establish a mutually
beneficial relationship between these concerns and EPA's large
business prime contractors (although small businesses may
participate as Mentors); to develop the technical and corporate
administrative expertise of these concerns, which will ultimately
lead to greater success in competition for contract opportunities;
to promote the economic stability of these concerns; and to aid in
the achievement of goals for the use of these concerns in
subcontracting activities under EPA contracts. If the successful
offeror is accepted into the Program they shall serve as a Mentor to
a Prot[eacute]g[eacute] firm(s), providing developmental assistance
in accordance with an agreement with the Prot[eacute]g[eacute]
firm(s).
    (b) To participate as a Mentor, the offeror must receive
approval in accordance with paragraph (h) of this section.
    (c) A Prot[eacute]g[eacute] must be a concern owned and/or
controlled by socially and economically disadvantaged individuals
within the meaning of section 8(a)(5) and (6) of the Small Business
Act (15 U.S.C. 637(a)(5) and (6)), including historically black
colleges and universities. Further, in accordance with Public Law
102-389 (the 1993 Appropriation Act), for EPA's contracting
purposes, economically and socially disadvantaged individuals shall
be deemed to include women.
    (d) Where there may be a concern regarding the
Prot[eacute]g[eacute] firm's eligibility to participate in the
program, the prot[eacute]g[eacute]'s eligibility will be determined
by the contracting officer after the SBA has completed any formal
determinations.
    (e) The offeror shall submit an application in accordance with
paragraph (k) of this section as part of its proposal which shall
include as a minimum the following information.
    (1) A statement and supporting documentation that the offeror is
currently performing under at least one active Federal contract with
an approved subcontracting plan and is eligible for the award of
Federal contracts;
    (2) A summary of the offeror's historical and recent activities
and accomplishments under any disadvantaged subcontracting programs.
The offeror is encouraged to include any initiatives or outreach
information believed pertinent to approval as a Mentor firm;
    (3) The total dollar amount (including the value of all option
periods or quantities) of EPA contracts and subcontracts received by
the offeror during its two preceding fiscal years. (Show prime
contracts and subcontracts separately per year);
    (4) The total dollar amount and percentage of subcontract awards
made to all concerns owned and/or controlled by disadvantaged
individuals under EPA contracts during its two preceding fiscal
years.
    (5) The number and total dollar amount of subcontract awards
made to the identified Prot[eacute]g[eacute] firm(s) during the two
preceding fiscal years (if any).
    (f) In addition to the information required by paragraph (e) of
this section, the offeror shall submit as a part of the application
the following information for each proposed Mentor-
Prot[eacute]g[eacute] relationship:
    (1) Information on the offeror's ability to provide
developmental assistance to the identified Prot[eacute]g[eacute]
firm and how the assistance will potentially increase contracting
and subcontracting opportunities for the Prot[eacute]g[eacute] firm.
    (2) A letter of intent indicating that both the Mentor firm and
the Prot[eacute]g[eacute] firm intend to enter into a contractual
relationship under which the Prot[eacute]g[eacute] will perform as a
subcontractor under the contract resulting from this solicitation
and that the firms will negotiate a Mentor-Prot[eacute]g[eacute]
agreement. The letter of intent must be signed by both parties and
contain the following information:
    (i) The name, address and phone number of both parties;
    (ii) The Prot[eacute]g[eacute] firm's business classification,
based upon the NAICS code(s) which represents the contemplated
supplies or services to be provided by the Prot[eacute]g[eacute]
firm to the Mentor firm;
    (iii) A statement that the Prot[eacute]g[eacute] firm meets the
eligibility criteria;
    (iv) A preliminary assessment of the developmental needs of the
Prot[eacute]g[eacute] firm and the proposed developmental assistance
the Mentor firm envisions providing the Prot[eacute]g[eacute]. The
offeror shall address those needs and how their assistance will
enhance the Prot[eacute]g[eacute]. The offeror shall develop a
schedule to assess the needs of the Prot[eacute]g[eacute] and
establish criteria to evaluate the success in the Program;
    (v) A statement that if the offeror or Prot[eacute]g[eacute]
firm is suspended or debarred while performing under an approved
Mentor-Prot[eacute]g[eacute] agreement the offeror shall promptly
give notice of the suspension or debarment to the EPA Office of
Small Business Programs (OSBP) and the Contracting Officer. The
statement shall require the Prot[eacute]g[eacute] firm to notify the
Contractor if it is suspended or debarred.
    (g) The application will be evaluated on the extent to which the
offeror's proposal addresses the items listed in paragraphs (e) and
(f) of this section. To the maximum extent possible, the application
should be limited to not more than 10 single pages, double spaced.
The offeror may identify more than one Prot[eacute]g[eacute] in its
application.
    (h) If the offeror is determined to be in the competitive range,
or is awarded a contract without discussions, the offeror will be
advised by the Contracting Officer whether their application is
approved or rejected. The Contracting Officer, if necessary, may
request additional information in connection with the offeror's
submission of its revised or best and final offer. If the successful
offeror has submitted an approved application, they shall comply
with the clause titled ``Mentor-Prot[eacute]g[eacute] Program.''
    (i) Subcontracts of $1,000,000 or less awarded to firms approved
as Prot[eacute]g[eacute]s under the Program are exempt from the
requirements for competition set forth in FAR 44.202-2(a)(5), and
52.244-5(b). However, price reasonableness must still be determined
and the requirements in FAR 44.202-2(a)(8) for cost and price
analysis continue to apply.
    (j) Costs incurred by the offeror in fulfilling their
agreement(s) with a Prot[eacute]g[eacute] firm(s) are not
reimbursable as a direct cost under the contract. Unless EPA is the
responsible audit agency under FAR 42.703-1, offerors are

encouraged to enter into an advance agreement with their responsible
audit agency on the treatment of such costs when determining
indirect cost rates. Where EPA is the responsible audit agency,
these costs will be considered in determining indirect cost rates.
    (k) Submission of Application and Questions Concerning the
Program. The application for the Program shall be submitted to the
Contracting Officer, and to the EPA Office of Small Business
Programs at the following address: Socioeconomic Business Program
Officer, Office of Small Business Programs, U.S. Environmental
Protection Agency, William Jefferson Clinton Building (1230T), 1200
Pennsylvania Avenue NW., Washington, DC 20460, Telephone: (202) 566-
2075, Fax:<PHONE_NUMBER>.

(End of provision)

1552.219-72 through 1552.219-74  [Removed and Reserved]

0
5. Remove and reserve sections 1552.219-72, 1552.219-73, and 1552.219-
74.

[FR Doc. 2016-11378 Filed 5-12-16; 8:45 am]
 BILLING CODE 6560-50-P


11/12/03,	 Response to EPA Questionnaire on 11/5/03 11:31am.

Margaret Sheppard 	USEPA/SNAP Program

EPA Question 1.

How much nPB was emitted for each sample? How much was emitted for
samples 3 and 5?

EPA Question 2.

How did you determine the amount of nPB sprayed? Was the can weighed
before and after, or was there a different method?

EPA Question 3.

 What is the composition of a typical aerosol formulation using nPB?
What was the composition that TechSpray tested?

EPA Question 4.

 How did you determine the amount of nPB used over the 8 hours?

TechSpray answer to EPA Questions 1.

The following table illustrates the amount of nPB emitted during each
sampling event.

Samples 3 and 5 were taken at the same time as samples 2 and 4
respectively therefore the amount emitted is the same as the reported
amounts for samples 2 and 4.  Samples 6 through 11 were taken during the
8 hour workday period and the average emissions for the three six
samples taken was 310 grams.

Test	Sample (s)	Time	# of cans used	  Total used contents	Total nPB
emitted

No. 1	1	      	15min		1.2		250grams	205g n-PB

No. 1	2 and 3   	15min		2.1		433 grams	355g n-PB

No. 1	4 and 5  	15min		1.1		217 grams	178g n-PB

No. 2	6 and 7   	480min	1.8		375 grams	308g n-PB

No. 3	8 and 9     	480min	1.85		377 grams	309g n-PB

No. 2	10 and 11 	480min	2.0		382g grams	313g n-PB

TechSpray answer to EPA Questions 2.

Weighing the can at the beginning and end of each test and calculating
the difference determined the amount of n-PB used in aerosol form. This
weight in grams was then multiplied by 82% to determine actual n-PB
usage.

TechSpray answer to EPA Questions 3.

Each sample product was comprised of 82% n-PB, 15% 134a, and 3% CO2.
Typical aerosol formulations usually contain one main active ingredient
and may contain variable amounts of additional components i.e. acetone
at 3% and ethanol at 2.5%.

TechSpray answer to EPA Questions 4.

Please see TechSpray answer to EPA Question 2.


[Federal Register: August 20, 2008 (Volume 73, Number 162)]
[Notices]
[Page 49224-49225]
[DOCID:fr20au08-92]

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

SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: U.S. Securities and
Exchange Commission, Office of Investor Education and Advocacy,
Washington, DC 20549-0213.

Extension: Rule 15c2-5, OMB Control No. 3235-0198, SEC File No. 270-
195.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq. ) the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget a request for extension of the previously approved
collection of information discussed below. The Code of Federal
Regulations citation to this collection of information is the
following: 17 CFR 240.15c2-5.
    Rule 15c2-5 prohibits a broker-dealer from arranging or extending
certain loans to persons in connection with the offer or sale of
securities unless, before any element of the transaction is entered
into, the broker-dealer: (1) Delivers to the person a written statement
containing the exact nature and extent of the person's obligations
under the loan arrangement; the risks and disadvantages of the loan
arrangement; and all commissions, discounts, and other remuneration
received and to be

received in connection with the transaction by the broker-dealer or
certain related persons (unless the person receives certain materials
from the lender or broker-dealer which contain the required
information); and (2) obtains from the person information on the
person's financial situation and needs, reasonably determines that the
transaction is suitable for the person, and retains on file and makes
available to the person on request a written statement setting forth
the broker-dealer's basis for determining that the transaction was
suitable. The collection of information required by the rule is
necessary to execute the Commission's mandate under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.) (``Exchange Act'') to
prevent fraudulent, manipulative, and deceptive acts and practices by
broker-dealers.
    The Commission estimates that there are approximately 50
respondents that require an aggregate total of 600 hours to comply with
the Rule. Each of these approximately 50 registered broker-dealers
makes an estimated 6 annual responses, for an aggregate total of 300
responses per year. Each response takes approximately 2 hours to
complete. Thus, the total compliance burden per year is 600 burden
hours. The approximate cost per hour is $40.00 for clerical labor,
resulting in a total compliance cost of $24,000 (600 hours @ $40.00 per
hour).
    Although Rule 15c2-5 does not specify a retention period or record
keeping requirement under the Rule, nevertheless broker-dealers are
required to preserve the records for a period no less than six years
pursuant to Rule 17a-4(c). The information required under Rule 15c2-5
is necessary for broker-dealers to engage in the lending activities
prescribed in the Rule. Rule 15c2-5 does not assure confidentiality for
the information retained under the Rule.\1\ Please note that an agency
may not conduct or sponsor, and a person is not required to respond to,
a collection of information unless it displays a currently valid
control number.
---------------------------------------------------------------------------

    \1\ The records required by Rule 15c2-5 would be available only
to the examination of the Commission staff, state securities
authorities and the SROs. Subject to the provisions of the Freedom
of Information Act, 5 U.S.C. 522, and the Commission's rules
thereunder (17 CFR 200.80(b)(4)(iii)), the Commission does not
generally publish or make available information contained in any
reports, summaries, analyses, letters, or memoranda arising out of,
in anticipation of, or in connection with an examination or
inspection of the books and records of any person or any other
investigation.
---------------------------------------------------------------------------

    Written comments regarding the above information should be directed
to the following persons: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503 or by sending an e-mail to Alexander_
<EMAIL_ADDRESS>and (ii) Lewis W. Walker, Acting Director/Chief
Information Officer, Securities and Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way, Alexandria, VA 22312 or send an e-
mail to<EMAIL_ADDRESS>Comments must be submitted to OMB within
30 days of this notice.

    Dated: August 13, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-19231 Filed 8-19-08; 8:45 am]

BILLING CODE 8010-01-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on June 27, 2005

   NOTICE OF ACTION TAKEN -- DOCKET OST-2003-15399

________________________________________________________________________
_________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of US AIRWAYS, INC. (US Airways) filed 5/5/05 for:

XX Renewal of exemption under 49 U.S.C. 40109 to provide the following
service:

Scheduled foreign air transportation of persons, property, and mail
between a point or points in the United States, via intermediate points,
and a point or points in Korea and beyond, and to integrate this
authority with its existing exemption and certificate authority.  US
Airways is operating this service pursuant to its code-share arrangement
with United Air Lines.

Applicant rep: Howard Kass<PHONE_NUMBER>   DOT Analyst:  Thuy H. Cooper
(202)366-5423

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken: June 27, 2005, through June
27, 2007.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and the Republic of Korea.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

XX  Holder’s certificates of public convenience and necessity

	XX  Standard exemption conditions (attached)

________________________________________________________________________
________________________________________

Conditions:  (1) The code-share operations conducted under this
authority must comply with 14 CFR 257 and with any amendments to the
Department’s regulations concerning code-share arrangements that may
be adopted.  Notwithstanding any provisions in the contract between the
carriers, our approval here is expressly conditioned upon the
requirements that the subject foreign air transportation be sold in the
name of the carrier holding out such service in computer reservation
systems and elsewhere; that the carrier selling such transportation
(i.e., the carrier shown on the ticket) accept responsibility for the
entirety of the code-share journey for all obligations established in
its contract of carriage with the passenger; and that the passenger
liability of the operating carrier be unaffected, and (2) the authority
granted here is specifically conditioned so that neither US Airways nor
United Air Lines shall give any force and effect to any contractual
provisions between themselves that are contrary to these conditions.

The route integration authority granted is subject to the condition that
such operations are consistent with the applicable bilateral aviation
agreements.  Furthermore, (a) nothing in the award of the route
integration authority requested should be construed as conferring upon
US Airways rights (including fifth-freedom intermediate and/or beyond
rights) to serve markets where U.S. carrier entry is limited unless US
Airways first notifies the Department of its intent to serve such a
market and unless and until the Department has completed any necessary
carrier selection procedures to determine which carrier(s) should be
authorized to exercise such rights; and (b) should there be a request by
any carrier to use the limited-entry route rights that are included in
US Airways’ authority by virtue of the route integration authority
granted here, but that are not then being used by US Airways, the
holding of such authority by route integration will not be considered as
providing any preference for US Airways in a competitive carrier
selection proceeding to determine which carrier(s) should be entitled to
use the authority at issue.

The authority granted to serve intermediate and beyond points is limited
to countries with which the United States has signed open-skies
agreements and/or countries for which the carrier holds authority to
serve under certificates or exemptions issued by the Department, and for
which it holds route integration authority by virtue of either the
present action or other action of the Department.

________________________________________________________________________
_____________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that

(1) our action was consistent with Department policy; (2) grant of the
exemption authority was consistent with the public interest; and (3)
grant of the authority would not constitute a major regulatory action
under the Energy Policy and Conservation Act of 1975.  To the extent not
granted, we denied all requests in the referenced Docket.  We may amend,
modify, or revoke the authority granted in this Notice at any time
without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004

 US Airways states that it is currently offering code-share services to
Seoul, Korea.

 PAGE

 PAGE   2


[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Rules and Regulations]
[Pages 37901-37904]
[FR Doc No: 2021-15362]

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

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No.<PHONE_NUMBER>]
RIN 0694-AI53

Addition of Entities and Revision of Entry on the Entity List

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) by adding six entities to
the Entity List. These six entities, all of which are being added under
the destination of Russia, have been determined by the U.S. Government
to be acting contrary to the national security or foreign policy
interests of the United States and are being added consistent with
Executive Order 14024, Blocking Property With Respect To Specified
Harmful Foreign Activities of the Government of the Russian Federation,
issued on April 15, 2021. This rule also corrects one existing entry on
the Entity List under the destination of Russia.

DATES: This rule is effective July 19, 2021.

FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
Office of the Assistant Secretary, Export Administration, Bureau of
Industry and Security, Department of Commerce, Phone:<PHONE_NUMBER>,
Fax:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Entity List (supplement no. 4 to part 744 of the EAR)
identifies entities for which there is reasonable cause to believe,
based on specific and articulable facts, that the entities have been
involved, are involved, or pose a significant risk of being or becoming
involved in activities contrary to the national security or foreign
policy interests of the United States. The EAR (15 CFR parts 730-774)
impose additional license requirements on, and limit the availability
of most license exceptions for, exports, reexports, and transfers (in-
country) to listed entities. The license review policy for each listed
entity is identified in the ``License Review Policy'' column on the
Entity List, and the impact on the availability of license exceptions
is described in the relevant Federal Register document adding entities
to the Entity List. BIS places entities on the Entity List pursuant to
part 744 (Control Policy: End-User and End-Use Based) and part 746
(Embargoes and Other Special Controls) of the EAR.
    The End-User Review Committee (ERC), composed of representatives of
the Departments of Commerce (Chair), State, Defense, Energy and, where
appropriate, the Treasury, makes all decisions regarding additions to,
removals from, or other modifications to the Entity List and the MEU
List. The ERC makes all decisions to add an entry to the Entity List
and MEU List by majority vote and all decisions to remove or modify an
entry by unanimous vote. The Departments represented on the ERC
approved these changes to the Entity List.

Entity List Decisions

A. Entity Additions Consistent With Executive Order 14024

    In this final rule, six entities are added to the Entity List on
the basis of activities that are described in Executive Order (E.O.)
14024 (86 FR 20249, April 19, 2021), Blocking Property With Respect To
Specified Harmful Foreign Activities of the Government of the Russian
Federation, issued on April 15, 2021. In E.O. 14024, the President
found that specified harmful foreign activities of the Russian
government constitute an unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States. In
issuing E.O. 14024, the President declared a national emergency to deal
with this threat.
    E.O. 14024 elevates the U.S. government's capacity to deploy
strategic and economically impactful sanctions to deter and respond to
Russia's destabilizing behavior and to counter Russia's harmful foreign
activities that threaten the national security and foreign policy of
the United States, including: Undermining the conduct of free and fair
elections and democratic institutions in the United States and its
allies and partners; engaging in and facilitating malicious cyber
activities against the United States and its allies and partners that
threaten the free flow of information; fostering and using
transnational corruption to influence foreign governments; pursuing
extraterritorial activities targeting dissidents or journalists;
undermining security in countries and regions important to the United
States' national security; and violating well-established principles of
international law, including respect for the territorial integrity of
states. To address these threats, E.O. 14024 authorizes sanctions on a
wide range of persons, including, among others, those operating in the
technology and defense and related materiel sectors of the Russian
economy and in any additional sectors of the Russian economy as may be
determined by the Secretary of the Treasury, in consultation with the
Secretary of State.
    The Department of the Treasury's Office of Foreign Assets Control
(OFAC) has designated the following six entities as being within the
scope of E.O. 14024: Aktsionernoe Obshchestvo AST; Aktsionernoe
Obshchestvo Pasit; Aktsionernoe Obshchestvo Pozitiv Teknolodzhiz;
Federal State Autonomous Institution Military Innovative Technopolis
Era; Federal

State Autonomous Scientific Establishment Scientific Research Institute
Specialized Security Computing Devices and Automation; and Obshchestvo
S Ogranichennoi Otvetstvennostyu NEOBIT. OFAC's first use of E.O. 14024
targeted companies operating in the technology sector of the Russian
economy that support Russian intelligence services.
    In conjunction with OFAC's designation, BIS is taking concurrent
action to ensure the efficacy of existing sanctions on Russia that
target aggressive and harmful activities by the Russian government. BIS
is adding the six entities designated by OFAC--Aktsionernoe Obshchestvo
AST; Aktsionernoe Obshchestvo Pasit; Aktsionernoe Obshchestvo Pozitiv
Teknolodzhiz; Federal State Autonomous Institution Military Innovative
Technopolis Era; Federal State Autonomous Scientific Establishment
Scientific Research Institute Specialized Security Computing Devices
and Automation; and Obshchestvo S Ogranichennoi Otvetstvennostyu
NEOBIT--to the Entity List, and is imposing a license requirement for
exports, reexports, or transfers (in-country) of all items subject to
the EAR to these blocked persons. This concurrent action by BIS will
complement the actions already taken by OFAC by ensuring that U.S.
sanctions on these entities will apply to all items subject to the EAR
regardless of whether a U.S. person is involved in the transaction or
whether the transaction involves the U.S. financial system. BIS imposes
a license review policy of a presumption of denial for these six
entities. In addition, no license exceptions are available for exports,
reexports, or transfers (in-country) to the persons being added to the
Entity List in this rule. This license requirement implements an
appropriate measure within the authority of the EAR to carry out the
provisions of E.O. 14024.

Russia

     Aktsionernoe Obshchestvo AST;
     Aktsionernoe Obshchestvo Pasit;
     Aktsionernoe Obshchestvo Pozitiv Teknolodzhiz;
     Federal State Autonomous Institution Military Innovative
Technopolis Era;
     Federal State Autonomous Scientific Establishment
Scientific Research Institute Specialized Security Computing Devices
and Automation; and
     Obshchestvo S Ogranichennoi Otvetstvennostyu NEOBIT.

B. Correction to the Entity List

    This final rule implements a correction to one existing entry on
the Entity List under Russia. The correction is for the entity, Federal
Security Service (FSB). This entity was added to the EAR on January 4,
2017 (82 FR 724, January 4, 2017). The License Requirement for this
entity applies to all items subject to the EAR, apart from items that
are related to transactions that are authorized by OFAC pursuant to
their February 2, 2017, General License No. 1 (``Authorizing Certain
Transactions with the Federal Security Service''). Effective March 2,
2021, General License No. 1A, dated March 15, 2018, was replaced and
superseded in its entirety by General License No. 1B (``Authorizing
Certain Transactions with the Federal Security Service''). This final
rule corrects the existing entry's License Requirement column by
inserting General License 1B for reference to OFAC's General License
No. 1, and amends the effective date from February 2, 2017, to the
current effective date of March 2, 2021.
Savings Clause
    Shipments of items removed from eligibility for a License Exception
or export, reexport, or transfer (in-country) without a license (NLR)
as a result of this regulatory action that were en route aboard a
carrier to a port of export, reexport, or transfer (in-country), on
July 19, 2021, pursuant to actual orders for export, reexport, or
transfer (in-country) to or within a foreign destination, may proceed
to that destination under the previous eligibility for a License
Exception or export, reexport, or transfer (in-country) without a
license (NLR).

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-
4852). ECRA provides the legal basis for BIS's principal authorities
and serves as the authority under which BIS issues this rule.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This final rule has been designated to be not significant for purposes
of E.O. 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by OMB under control number 0694-0088,
Simplified Network Application Processing System, which includes, among
other things, license applications, and carries a burden estimate of
29.6 minutes for a manual or electronic submission. Total burden hours
associated with the PRA and OMB control number 0694-0088 are not
expected to increase as a result of this rule.
    3. This rule does not contain policies with federalism implications
as that term is defined in E.O. 13132.
    4. Pursuant to section 1762 of ECRA (see 50 U.S.C. 4821), this
action is exempt from the Administrative Procedure Act (5 U.S.C. 553)
requirements for notice of proposed rulemaking, opportunity for public
participation, and delay in effective date.
    5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:

PART 744--[AMENDED]

0
1. The authority citation for part 744 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of September 18, 2020, 85 FR 59641 (September 22, 2020); Notice of
November 12, 2020, 85 FR 72897 (November 13, 2020).

0
2. Supplement No. 4 to part 744 is amended in the table under RUSSIA:
0
a. By adding in alphabetical order entries for ``Aktsionernoe
Obshchestvo AST'', ``Aktsionernoe Obshchestvo Pasit'', and
``Aktsionernoe Obshchestvo Pozitiv Teknolodzhiz'';
0
b. By revising the entry for ``Federal Security Service (FSB)''; and
0
c. By adding in alphabetical order entries for ``Federal State
Autonomous Institution Military Innovative Technopolis Era'', ``Federal
State Autonomous Scientific Establishment Scientific Research Institute
Specialized Security Computing Devices and Automation'', and
``Obshchestvo S Ogranichennoi Otvetstvennostyu NEOBIT''.
    The additions and revision read as follows:

Supplement No. 4 to Part 744--Entity List

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                             License         License review     Federal Register
        Country                     Entity                 requirement           policy             citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
RUSSIA.................                                         * * * * * *
                         Aktsionernoe Obshchestvo      For all items       Presumption of      86 FR [INSERT FR
                          AST, a.k.a., the following    subject to the      denial.             PAGE NUMBER]
                          one alias:                    EAR. (See Sec.                          July 19, 2021.
                         --Advanced Systems             744.11 of the
                          Technology, AO.               EAR).
                         d. 3k2 str. 4 etazh 5 kom.
                          55, shosse Kashirskoe,
                          Moscow 115230, Russia.
                         Aktsionernoe Obshchestvo      For all items       Presumption of      86 FR [INSERT FR
                          Pasit, a.k.a., the            subject to the      denial.             PAGE NUMBER]
                          following one alias:          EAR. (See Sec.                          July 19, 2021
                         --Pasit, AO.                   744.11 of the
                                                        EAR).
                         Avenue Leninsky, Building
                          30, Premise IA, Moscow,
                          11934, Russia.
                         Aktsionernoe Obshchestvo      For all items       Presumption of      86 FR [INSERT FR
                          Pozitiv Teknolodzhiz,         subject to the      denial..            PAGE NUMBER]
                          a.k.a., the following two     EAR. (See Sec.                          July 19, 2021.
                          aliases:                      744.11 of the
                                                        EAR).
                         --JSC Positive Technologies;
                          and
                         --Pozitiv Teknolodzhiz, AO.
                         d. 23A pom. V kom, 30,
                          shosse Shchelkovskoe,
                          Moscow, 107241, Russia.
                                                                * * * * * *
                         Federal Security Service      For all items       Presumption of      82 FR 724, 1/4/
                          (FSB), a.k.a., the            subject to the      denial.             17.
                          following one alias:          EAR (see Sec.                          82 FR 18219, 4/18/
                         --Federalnaya Sluzhba          744.11 of the                           17.
                          Bezopasnosti.                 EAR), apart from                       86 FR [INSERT FR
                         Ulitsa Kuznetskiy Most, Dom    items that are                          PAGE NUMBER]
                          22, Moscow 107031, Russia;    related to                              July 19, 2021.
                          and Lubyanskaya Ploschad,     transactions that
                          Dom 2, Moscow 107031,         are authorized by
                          Russia.                       the Department of
                                                        the Treasury's
                                                        Office of Foreign
                                                        Assets Control
                                                        pursuant to
                                                        General License
                                                        No. 1B of March
                                                        2, 2021.
                         Federal State Autonomous      For all items       Presumption of      86 FR [INSERT FR
                          Institution Military          subject to the      denial.             PAGE NUMBER]
                          Innovative Technopolis Era,   EAR. (See Sec.                          July 19, 2021.
                          a.k.a., the following two     744.11 of the
                          aliases:                      EAR).
                         --ERA Military Innovation
                          Technopolis; and
                         --FGAU VIT ERA.
                         Pionerskiy Prospekt, 41
                          Anapa Krasnodar Krai
                          353456, Russia.
                         Federal State Autonomous      For all items       Presumption of      86 FR [INSERT FR
                          Scientific Establishment      subject to the      denial.             PAGE NUMBER]
                          Scientific Research           EAR. (See Sec.                          July 19, 2021.
                          Institute Specialized         744.11 of the
                          Security Computing Devices    EAR).
                          and Automation, a.k.a., the
                          following one alias:
                         --FGANU NII
                          Specvuzavtomatika.
                         Rostov-On-Don, Russia.
                                                                * * * * * *
                         Obshchestvo S Ogranichennoi   For all items       Presumption of      86 FR [INSERT FR
                          Otvetstvennostyu NEOBIT,      subject to the      denial.             PAGE NUMBER]
                          a.k.a., the following one     EAR. (See Sec.                          July 19, 2021.
                          alias:                        744.11 of the
                         --NEOBIT, OOO.                 EAR).

                         d. 21 litera G, ul.
                          Gzhatskaya, St. Petersburg,
                          195220, Russia.
                                                                * * * * * *
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-15362 Filed 7-16-21; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register: February 9, 2010 (Volume 75, Number 26)]
[Notices]
[Page 6432]
[DOCID:fr09fe10-114]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Notice of Applications for Certificates of Public Convenience and
Necessity and Foreign Air Carrier Permits Filed Under Subpart B
(Formerly Subpart Q) During the Week Ending October 9, 2009

    The following Applications for Certificates of Public Convenience
and Necessity and Foreign Air Carrier Permits were filed under Subpart
B (formerly Subpart Q) of the Department of Transportation's Procedural
Regulations (See 14 CFR 301.201 et seq.). The due date for Answers,
Conforming Applications, or Motions to Modify Scope are set forth below
for each application. Following the Answer period DOT may process the
application by expedited procedures. Such procedures may consist of the
adoption of a show-cause order, a tentative order, or in appropriate
cases a final order without further proceedings.
    Docket Number: DOT-OST-2009-0243.
    Date Filed: October 6, 2009.
    Due Date for Answers, Conforming Applications, or Motion to Modify
Scope: October 27, 2009.
    Description: Application of Albinati Aeronautics SA (``Albinati'')
requesting a foreign air carrier permit to the full extent authorized
by the Air Transport Agreement between the Government of Switzerland
and the Government of the United States of America in order to engage
in: (i) Charter foreign air transportation of persons, property and
mail from points behind Switzerland via Switzerland and intermediate
points to a point or points in the United States and beyond; and (ii)
Fifth Freedom charter service pursuant to the prior approval
requirements set forth in Part 212 of the Department's Economic
Regulations.

    Docket Number: DOT-OST-2009-0244.
    Date Filed: October 6, 2009.
    Due Date for Answers, Conforming Applications, or Motion to Modify
Scope: October 27, 2009.
    Description: Application of Hellenic Imperial Airways
(``Hellenic'') requesting exemption authority and a foreign air carrier
permit to conduct scheduled and charter foreign air transportation of
persons, property, and mail, between a point or points in the European
Community and the Member States of the European Union, and a point or
points in the United States, to the full extent allowed under the Air
Transport Agreement between the United States and the European
Community and the Member States of the European Union.

Barbara J. Hairston,
Supervisory Dockets Officer, Docket Operations, Alternate Federal
Register Liaison.
[FR Doc. 2010-2789 Filed 2-8-10; 8:45 am]
BILLING CODE 4910-9X-P