Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations 41067 

enhance their capabilities and increase their 

participation in GSA contracts. 

(b) The Program consists of: 

(1) Mentor firms are large prime 

contractors with at least one active 

subcontracting plan, or that are eligible small 

businesses; 

(2) Prote ́ge ́s are subcontractors to the prime 

contractor, and include small business 

concerns, small disadvantaged business 

concerns, veteran-owned small business 

concerns, service-disabled veteran-owned 

small business concerns, HUBZone small 

business concerns, and women-owned small 

business concerns meeting the qualifications 

specified in Subpart 519.70; and 

(3) Mentor-prote ́ge ́ Applications and 

Agreements, approved by the Mentor-Prote ́ge ́

Program Manager in the GSA Office of Small 

Business Utilization (OSBU). 

(c) Mentor participation in the Program 

means providing technical, managerial and 

financial assistance to aid prote ́ge ́s in 

developing requisite high-tech expertise and 

business systems to compete for and 

successfully perform GSA contracts and 

subcontracts. 

(d) Contractors interested in participating 

in the Program are encouraged to read FAR 

Subpart 19.7 and to contact the GSA Office 

of Small Business Utilization (E), 

Washington, DC 20405, (202) 501–1021, for 

further information. 

(End of clause) 

552.219–76 Mentor Requirements and 

Evaluation. 

As prescribed in 519.7017(b), insert 

the following clause: 

MENTOR REQUIREMENTS AND 

EVALUATION ([SEP 2009]) 

(a) The purpose of the GSA Mentor-Prote ́ge ́

Program is for a GSA prime contractor to 

provide developmental assistance to certain 

subcontractors qualifying as prote ́ge ́s. 

Eligible prote ́ge ́s include small business 

concerns, small disadvantaged business 

concerns, veteran-owned small business 

concerns, service-disabled veteran-owned 

small business concerns, HUBZone small 

business concerns, and women-owned small 

business concerns meeting the qualifications 

specified in section 519.7007. The Program 

requires an Application process and an 

Agreement between the mentor and the 

prote ́ge ́. See GSAR Subpart 519.70 for more 

information. 

(b) GSA will evaluate a GSA mentor’s 

performance on the following factors: 

(1) Specific actions taken by the contractor, 

during the evaluation period, to increase the 

participation of its prote ́ge ́ as a subcontractor 

and supplier; 

(2) Specific actions taken by the contractor 

during this evaluation period to develop the 

technical and corporate administrative 

expertise of its prote ́ge ́ as defined in the 

Agreement; 

(3) To what extent the prote ́ge ́ has met the 

developmental objectives in the Agreement; 

and 

(4) To what extent the firm’s participation 

in the Mentor-Prote ́ge ́ Program resulted in 

the prote ́ge ́ receiving competitive contract(s) 

and subcontract(s) from private firms other 

than the mentor, and from agencies. 

(c) Semi-annual reports shall be submitted 

by a GSA mentor to the GSA Mentor-Prote ́ge ́

Program Manager, GSA Office of Small 

Business Utilization (E), Washington, DC 

20405. The reports must include information 

as outlined in paragraph (b) of this section. 

The semi-annual report may include a 

narrative describing the forms of 

developmental assistance a mentor provides 

to a prote ́ge ́ and any other types of 

permissible, mutually beneficial assistance. 

(d) A GSA mentor will notify the GSA 

Mentor-Prote ́ge ́ Program Manager and the 

contracting officer, in writing, at least 30 

days in advance of the mentor firm’s intent 

to voluntarily withdraw from the GSA 

Program or terminate the Agreement, or upon 

receipt of a prote ́ge ́’s notice to withdraw from 

the Program. 

(e) GSA mentor and prote ́ge ́ firms will 

submit a ‘‘Lessons Learned’’ evaluation to the 

GSA Mentor-Prote ́ge ́ Program Manager at the 

conclusion of the Mentor-Prote ́ge ́ Agreement. 

At the end of each year in the Mentor-Prote ́ge ́

Program, the mentor and prote ́ge ́, as 

appropriate, will formally brief the GSA 

Mentor-Prote ́ge ́ Program manager, the 

technical program manager, and the 

contracting officer during a formal Program 

review regarding Program accomplishments 

as they pertain to the approved Agreement. 

(f) GSA has the authority to exclude 

mentor or prote ́ge ́ firms from participating in 

the GSA Program. If GSA excludes a mentor 

or a prote ́ge ́ from the Program, the GSA 

Office of Small Business Utilization will 

deliver to the contractor a Notice specifying 

the reason for Program exclusion and the 

effective date. The exclusion from the 

Program does not constitute a termination of 

the subcontract between the mentor and the 

prote ́ge ́. A plan for accomplishing the 

subcontract effort should the Agreement be 

terminated shall be submitted with the 

Agreement as required in section 519.7011(j). 

(g) Subcontracts awarded to GSA prote ́ge ́

firms under this Program are exempt from 

competition requirements, notwithstanding 

FAR 52.244–5. However, price 

reasonableness should still be determined. 

(End of clause) 

[FR Doc. E9–19482 Filed 8–13–09; 8:45 am] 

BILLING CODE 6820–61–S 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 501 

[Docket No. NHTSA–2009–0146; Notice 1] 

Delegations of Authority 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This document amends 

NHTSA’s delegations of authority. The 

amendment effectuates an adjustment 

that will enable NHTSA to achieve its 

mission more effectively and efficiently. 

DATES: Effective Date: The amendment 

is effective August 14, 2009. 

FOR FURTHER INFORMATION CONTACT: You 

may contact Jessica Lang, Office of Chief 

Counsel, NHTSA, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, by 

phone at 202–366–5263, or by fax at 

202–366–3820. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the regulation on 

delegation of powers and duties within 

the National Highway Traffic Safety 

Administration (NHTSA). The 

amendment relates solely to the 

placement of the delegation of authority 

for a function within the agency. It 

increases the authority of the Chief 

Counsel to compromise civil penalties 

and monetary settlements. There is no 

substantive effect. Notice and the 

opportunity for comment are therefore 

not required under the Administrative 

Procedure Act. The amendment is 

effective immediately upon publication 

in the Federal Register. In addition, the 

amendment is not subject to Executive 

Order 12866, the Department of 

Transportation’s regulatory policies and 

procedures, or the provisions for 

Congressional review of final rules in 

Chapter 8 of Title 5, United States Code. 

List of Subjects in 49 CFR Part 501 

Authorities, Delegations, Organization 

and functions, Succession to 

Administrator. 

■ In consideration of the foregoing, 49 

CFR part 501 is amended as follows: 

PART 501—[AMENDED] 

■ 1. The authority citation for part 501 

continues to read as follows: 

Authority: 49 U.S.C. secs. 105 and 322, 

delegation of authority at 49 CFR 1.50. 

Amendment effective August 14, 2009. 

■ 2. Section 501.8(d)(2) is revised to 

read as follows: 

§ 501.8 Delegations. 

* * * * * 

(d) * * * 

(2) Establish the legal sufficiency of 

all investigations and enforcement 

actions conducted under the authority 

of the following chapters, including 

notes, of Title 49 of the United States 

Code: Chapter 301; chapter 323; chapter 

325; chapter 327; chapter 329; and 

chapter 331; to make an initial penalty 

demand based on a violations of any of 

these chapters; and to compromise any 

civil penalty or monetary settlement in 

an amount of $100,000 or less resulting 

mstockstill on DSKH9S0YB1PROD with RULES

41068 Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations 

from a violation of any of these 

chapters. 

* * * * * 

Issued: August 7, 2009. 

Ronald L. Medford, 

Acting Deputy Administrator. 

[FR Doc. E9–19480 Filed 8–13–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 593 

[Docket No. NHTSA–2009–0124] 

List of Nonconforming Vehicles 

Decided To Be Eligible for Importation 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Final rule. 

SUMMARY: This document revises the list 

of vehicles not originally manufactured 

to conform to the Federal motor vehicle 

safety standards (FMVSS) that NHTSA 

has decided to be eligible for 

importation. This list is published in an 

appendix to the agency’s regulations 

that prescribe procedures for import 

eligibility decisions. The list has been 

revised to add all vehicles that NHTSA 

has decided to be eligible for 

importation since October 1, 2008, and 

to remove all previously listed vehicles 

that are now more than 25 years old and 

need no longer comply with all 

applicable FMVSS to be lawfully 

imported. NHTSA is required by statute 

to publish this list annually in the 

Federal Register. 

DATES: The revised list of import eligible 

vehicles is effective on August 14, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Coleman Sachs, Office of Vehicle Safety 

Compliance, NHTSA, (202) 366–3151. 

SUPPLEMENTARY INFORMATION: 

Under 49 U.S.C. 30141(a)(1)(A), a 

motor vehicle that was not originally 

manufactured to conform to all 

applicable FMVSS shall be refused 

admission into the United States unless 

NHTSA has decided that the motor 

vehicle is substantially similar to a 

motor vehicle originally manufactured 

for importation into and sale in the 

United States, certified under 49 U.S.C. 

30115, and of the same model year as 

the model of the motor vehicle to be 

compared, and is capable of being 

readily altered to conform to all 

applicable FMVSS. Where there is no 

substantially similar U.S.-certified 

motor vehicle, 49 U.S.C. 30141(a)(1)(B) 

permits a nonconforming motor vehicle 

to be admitted into the United States if 

its safety features comply with, or are 

capable of being altered to comply with, 

all applicable FMVSS based on 

destructive test data or such other 

evidence as the Secretary of 

Transportation decides to be adequate. 

Under 49 U.S.C. 30141(a)(1), import 

eligibility decisions may be made ‘‘on 

the initiative of the Secretary of 

Transportation or on petition of a 

manufacturer or importer registered 

under [49 U.S.C. 30141(c)].’’ The 

Secretary’s authority to make these 

decisions has been delegated to NHTSA. 

The agency publishes notice of 

eligibility decisions as they are made. 

Under 49 U.S.C. 30141(b)(2), a list of 

all vehicles for which import eligibility 

decisions have been made must be 

published annually in the Federal 

Register. On October 1, 1996, NHTSA 

added the list as an appendix to 49 CFR 

Part 593, the regulations that establish 

procedures for import eligibility 

decisions (61 FR 51242). As described 

in the notice, NHTSA took that action 

to ensure that the list is more widely 

disseminated to government personnel 

who oversee vehicle imports and to 

interested members of the public. See 61 

FR 51242–43. In the notice, NHTSA 

expressed its intention to annually 

revise the list as published in the 

appendix to include any additional 

vehicles decided by the agency to be 

eligible for importation since the list 

was last published. See 61 FR 51243. 

The agency stated that issuance of the 

document announcing these revisions 

will fulfill the annual publication 

requirements of 49 U.S.C. 30141(b)(2). 

Ibid. 

Regulatory Analyses and Notices 

A. Executive Order 12866, Regulatory 

Planning and Review 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993), provides for making 

determinations about whether a 

regulatory action is ‘‘significant’’ and 

therefore subject to Office of 

Management and Budget (OMB) review 

and to the requirements of the Executive 

Order. The Executive Order defines a 

‘‘significant regulatory action’’ as one 

that is likely to result in a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or Tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. This 

rule will not have any of these effects 

and was not reviewed under Executive 

Order 12866. It is not significant within 

the meaning of the DOT Regulatory 

Policies and Procedures. The effect of 

this rule is not to impose new 

requirements. Instead it provides a 

summary compilation of decisions on 

import eligibility that have already been 

made and does not involve new 

decisions. This rule will not impose any 

additional burden on any person. 

Accordingly, the agency believes that 

the preparation of a regulatory 

evaluation is not warranted for this rule. 

B. Environmental Impacts 

We have not conducted an evaluation 

of the impacts of this rule under the 

National Environmental Policy Act. 

This rule does not impose any change 

that would result in any impacts to the 

quality of the human environment. 

Accordingly, no environmental 

assessment is required. 

C. Regulatory Flexibility Act 

Pursuant to the Regulatory Flexibility 

Act, we have considered the impacts of 

this rule on small entities (5 U.S.C. 601 

et seq.). I certify that this rule will not 

have a significant economic impact 

upon a substantial number of small 

entities within the context of the 

Regulatory Flexibility Act. The 

following is our statement providing the 

factual basis for the certification (5 

U.S.C. 605(b)). This rule will not have 

any significant economic impact on a 

substantial number of small businesses 

because the rule merely furnishes 

information by revising the list in the 

Code of Federal Regulations of vehicles 

for which import eligibility decisions 

have previously been made. 

Accordingly, we have not prepared a 

Final Regulatory Flexibility Analysis. 

D. Executive Order 13132, Federalism 

Executive Order 13132 requires 

NHTSA to develop an accountable 

process to ensure ‘‘meaningful and 

timely input by State and local officials 

in the development of regulatory 

policies that have federalism 

implications.’’ Executive Order 13132 

defines the term ‘‘Policies that have 

federalism implications’’ to include 

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