31250 Federal Register / Vol. 65, No. 96 / Wednesday, May 17, 2000 / Rules and Regulations

on a declared disaster, the borrower

must have operated in a county declared

a major disaster by the President or the

Secretary, or in a county contiguous to

such a county, and the Agency must

have determined that second set-asides

can be processed and approved for

declared disasters in the specified year.

The first set aside must have been

provided for a previous crop year.

(iii) All FLP borrowers may apply for

an installment to be set aside based on

low commodity prices during 1999. If

the borrower is applying for a second

installment to be set aside based on low

commodity prices, the first set-aside

must have been provided for a previous

crop year. County location, or proximity

to a disaster declared county is not a

consideration when the DSA is justified

by low commodity prices.

* * * * *

(5) As a direct result of the declared

disaster or the 1999 low commodity

prices, both pursuant to paragraph (a)(1)

of this section, the borrower does not

have sufficient income available to pay

all family living and operating expenses,

other creditors, and FSA. This

determination will be based on the

borrower’s actual production, income

and expense records for the disaster or

affected year and any other records

required by the servicing official.

Compensation received for losses shall

be considered as well as increased

expenses incurred because of a disaster.

Consideration will also be given to

insufficient income for the next

production and marketing period

following the affected year if the

borrower establishes that production

will be reduced or expenses increased

as a result of the disaster or the 1999

low commodity prices.

(6) For the next business accounting

year, the borrower must develop a

positive cash flow projection showing

that the borrower will at least be able to

pay all operating expenses and taxes

due during the year, essential family

living expenses and meet scheduled

payments on all debts. The cash flow

projection must be prepared in

accordance with 7 CFR 1924.56. The

borrower will provide any

documentation required to support the

cash flow projection.

* * * * *

(b) * * *

(2) * * *

(i) Except as provided in paragraph (a)

of this section, only one unpaid

installment for each FLP loan may be

set-aside.

* * * * *

6. In subpart T of part 1951, revise all

references to ‘‘FC’’ to read ‘‘FLP’’.

Signed in Washington, DC, on May 8, 2000.

August Schumacher, Jr.,

Under Secretary for Farm and Foreign

Agricultural Services.

[FR Doc. 00–12335 Filed 5–16–00; 8:45 am]

BILLING CODE 3410–05–P

FEDERAL DEPOSIT INSURANCE

CORPORATION

12 CFR Part 361

RIN 3064–AB12

Minority and Women Outreach

Program—Contracting

AGENCY: Federal Deposit Insurance

Corporation.

ACTION: Final rule.

SUMMARY: The Board of Directors of the

Federal Deposit Insurance Corporation

(FDIC) is amending its regulation

establishing an outreach program for

minority- and women-owned businesses

and announcing its policy to utilize that

portion of the Federal Affirmative

Action Contracting Program, set forth in

the Federal Acquisition Regulations,

providing contracting benefits to Small

Disadvantaged Businesses. The FDIC

will no longer grant a price incentive

based solely on race and gender criteria.

The FDIC will, however, continue its

outreach programs for minorities and

women, and entities owned by them.

EFFECTIVE DATE: May 10, 2000.

FOR FURTHER INFORMATION CONTACT:

Martin Blumenthal, Counsel, Legal

Division, Corporate Operations Branch,

Corporate Legal Issues Section,

Contracting Law Unit (202) 736–0756;

David McDermott, Chief, Policy and

Compliance Unit, Acquisition and

Corporate Services Branch, Division of

Administration, (202) 942–3434; Rita

Wiles Ross, Counsel, Legal Division,

Corporate Operations Branch, Legal

Operations Section, Legal Services Unit,

(202) 736–3072; or Judith M. Wood,

Chief, Diversity Branch, Office of

Diversity and Economic Opportunity,

(202) 416–2456.

SUPPLEMENTARY INFORMATION:

I. Background

In 1989, with enactment of the

Financial Institutions Reform, Recovery

and Enforcement Act (FIRREA),

Congress mandated that the FDIC

augment its program for contracting

activities by prescribing

‘‘regulations to establish and oversee

minority outreach program [s] * * * to

ensure inclusion, to the maximum extent

possible, of minorities and women, and

entities owned by minorities and women

* * * in all contracts entered into by the

agency * * *’’ 12 U.S.C. 1833e(c).

In response, the FDIC adopted a

regulation that obligates and requires

the Corporation to engage in outreach

efforts to identify and register minorityand women-owned businesses

(MWOBs) that can provide the goods

and services utilized by the FDIC. 12

CFR 361.6(b); Minority and Women

Outreach Program—Contracting, 57 FR

15004 (April 24, 1992). In addition, to

ensure that MWOBs are ‘‘being included

in each solicitation, the solicitation

process will include: * * * (3)

Allowing qualified MWOBs a 3% price

incentive and additional technical

consideration for competitively bid

services; * * *’’ 12 CFR 361.8(b)(3).

However, the Supreme Court has held

that all such racial classifications,

whether imposed by federal, state, or

local governments, must be analyzed by

a reviewing court under strict scrutiny.

Adarand Constructors, Inc. v. Pen ̃a, 515

U.S. 200, 227; 115 S.Ct. 2097, 2113

(1995). Thereafter, in 1996, the

Department of Justice invited public

comments on a system designed to

reform affirmative action in federal

procurement in response to Adarand. 61

FR 26042, May 23, 1996. Continuing in

that vein, in 1998, the Department of

Defense, the General Services

Administration, and the National

Aeronautics and Space Administration

published a revision to the Federal

Acquisition Regulations (FAR)

implementing a new program of

affirmative action in federal

procurement. 63 FR 52426, September

30, 1998.

In this program, each year, the

Department of Commerce makes a

determination as to which industries

demonstrate the results of past

discrimination and are thereby eligible

for a benefit in federal contracting. The

Department of Commerce also

determines the size of a price evaluation

adjustment, not to exceed 10%, to be

available in those industries. In the first

year of the program, eligible industries

that are generally used by the FDIC

include accounting firms, asset

managers, information technology

contractors, office services, and building

services. The amount of the price

evaluation adjustment for 1999 is 10%.

The price evaluation adjustment is

available to firms certified as Small

Disadvantaged Businesses (SDBs) by the

Small Business Administration (SBA).

An SDB is a small business firm that is

at least 51% owned by individuals who

are both socially and economically

disadvantaged. Socially disadvantaged

individuals include Black Americans,

Federal Register / Vol. 65, No. 96 / Wednesday, May 17, 2000 / Rules and Regulations 31251

1The $750,000 excludes individual equity in a

primary residence and the value of the individual’s

ownership interest in the firm seeking SDB status.

2Any joint venture in which an SDB undertakes

to perform a portion of the work could qualify for

consideration under the SDB participation factor.

The technical value assigned to such joint venture

under the SDB participation factor would, of

course, depend on the proportion of the work to be

performed by the SDB joint venture. In other

circumstances, a joint venture may itself qualify as

an SDB under SBA regulations. Generally, for a

joint venture to qualify, the SDB participant must

have at least a 51% ownership share, perform 51%

of the work, and the managing partner must be from

the SDB participant.

3 In evaluating this factor, the contracting officer

may consider the specificity of the proposal, the

enforceability of the commitments, the complexity

and variety of the work to be performed by SDBs,

the realism of the proposal, and the contractor’s

past performance in complying with SDB

participation goals.

4The FDIC will communicate with the SBA to

ensure that FDIC contractors seeking certificaiton as

SDBs are given the same consideration as other

contractors seeking similar certification.

Hispanic Americans, Asian Pacific

Americans, Subcontinent Asian

Americans, and Native Americans as a

class, as well as other groups that the

SBA may from time to time designate,

and individuals that can prove by a

preponderance of the evidence previous

discrimination on a case-by-case basis.

Economically disadvantaged

individuals have an individual net

worth of less than $750,000.1 The

standard for determining whether a firm

qualifies as ‘‘small’’ varies between

industry classifications and may be

based on revenue or number of

employees.

In lieu of a price incentive, an SDB

may take advantage of an SDB

participation factor, if the contracting

agency includes such a factor in the

procurement. A non-SDB may take

advantage of the factor by proposing to

partner with an SDB or to use SDB

subcontractors. An SDB can also take

advantage of this factor as the prime

contractor. However, the SDB would

only be eligible for the participation

factor if it first waives the price

evaluation adjustment. Utilization of

SDBs as subcontractors may also be

encouraged, at the discretion of the

contracting agency, by offering prime

contractors a financial incentive to

exceed the proposed SDB

subcontracting. An additional payment

can be authorized where the prime

contractor promises a particular

monetary target of SDB subcontracting

and its actual performance exceeds that

promise. The monetary incentive can be

up to 10% of the SDB subcontracting

dollars in excess of the target amount.

II. Utilization of SDB Program

The FDIC has determined that it was

unlikely that the FDIC MWOB price

incentive, as implemented, would pass

the Constitutional tests enunciated by

the Supreme Court in Adarand.

Accordingly, although the FDIC is not

subject to the FAR, it believes that the

FAR’s affirmative action contracting

program provides a constitutionally

sustainable means of enhancing the

opportunities for SDBs in FDIC

contracting. The FDIC will, therefore,

voluntarily utilize that program in lieu

of the constitutionally questionable

price incentive based on race and

gender that has been awarded in the

past. 64 FR 42862 (August 6, 1999). No

comments were filed in response to that

Notice.

The program, to be included in the

FDIC Acquisition Policy Manual (APM),

will provide that, for goods and services

acquired under Formal Contracting

Procedures, as defined in the APM,

generally involving expenditures of

$100,000 or more, a price evaluation

adjustment will be available to

technically qualified SDB bidders in the

following circumstances: (a) The bidder

has been certified as an SDB by the SBA

under procedures set forth in 13 CFR

part 124; and (b) the Standard Industrial

Classification (SIC) code for the prime

contract is one in which the Department

of Commerce has authorized the use of

a preference. The eligible SICs and

amount of the price evaluation

adjustment is established annually by

the Department of Commerce pursuant

to 48 CFR 19.201(b).

Moreover, solicitations issued under

the Formal Contracting Procedures

involving awards of $500,000 or more

($1,000,000 for construction contracts)

may also include an evaluation factor

for SDB participation in the

performance of the contract. The value

to be assigned this factor, if any, is

determined by the contracting officer on

a contract-by-contract basis. The prime

contract need not be in a SIC code

identified as authorized by the

Department of Commerce for the use of

preferences, but only SDB participation

in authorized SIC codes would be

considered in the evaluation of the

participation factor. SDB participation

may be in the form of subcontracts, joint

ventures or teaming partners.2 Where

the SDB is bidding as a prime contractor

in response to a solicitation that

includes an SDB participation factor,

the SDB will not be eligible for the

participation factor unless it first waives

its price evaluation adjustment.3

Utilization of SDBs as subcontractors

may also be encouraged, at the FDIC’s

discretion, by offering prime contractors

a financial incentive to exceed the

proposed SDB subcontracting. An

additional payment can be authorized

where the prime contractor promises a

particular monetary target of SDB

subcontracting and its actual

performance exceeds that promise. The

monetary incentive can be up to 10% of

the SDB subcontracting dollars in excess

of the target amount.

The FDIC will not certify SDBs. That

process will be carried out by the SBA

under procedures established in the

SBA’s regulations, 13 CFR part 124.

SDBs responding to FDIC solicitations

are responsible for identifying

themselves and certifying their current

status as an SDB. An SDB that has

applied for, but not yet received, SBA

certification may be entitled to

treatment as an SDB where certification

can be obtained before the contract is

awarded. It is the intention of the FDIC

to establish procedures whereby the

SBA will treat FDIC contractors seeking

SDB certification in the same manner as

contractors with FAR agencies that are

similarly situated. However, if

certification cannot be obtained in a

timely manner, the contract may be

awarded to another bidder. 4

III. Final Rule

To facilitate the implementation of

the policy enunciated above, we have

repealed the provisions of part 361 that

confer a price incentive, 12 CFR

361.8(b)(3), as well as made other

conforming amendments to the

regulations. The FDIC Office of

Diversity and Economic Opportunity

(ODEO) will continue to have overall

responsibility for providing the FDIC

with technical assistance and guidance

to facilitate the identification,

registration and solicitation of MWOBs.

ODEO is also responsible for the

Corporation’s outreach efforts, such as:

(1) Identifying MWOBs that can

provide legal or other services to FDIC;

(2) Conducting seminars, meetings,

workshops and other various functions

to promote the identification of

MWOBs; and

(3) Participating in conventions,

seminars, meetings, workshops and

other functions to promote the

identification and inclusion of MWOBs.

Moreover, ODEO has specific

responsibility for the Outreach Program

with respect to providers of non-legal

services, and in addition to the

functions noted above, it will distribute

information concerning the FDIC

program for outreach to MWOBs.

Generally, ODEO will work with

contracting officials to ensure that

31252 Federal Register / Vol. 65, No. 96 / Wednesday, May 17, 2000 / Rules and Regulations

5 In July 1999, the Board withdrew its proposal

to amend 12 CFR part 361 that would have, inter

alia, established an outreach program for

individuals with disabilities. Nevertheless, the

FDIC will continue its outreach program for

individuals with disabilities and entities owned by

them as a matter of policy.

MWOBs are included on FDIC

solicitation lists. 5

ODEO will also collect information

from each FDIC office and division that

performs contracting or outreach

activities, on a quarterly basis or upon

request, including statistical

information on contract awards and

solicitations by designated demographic

categories and related outreach

activities. The FDIC will request and

maintain information on firms that have

represented themselves as minority- or

women-owned for purposes of outreach

efforts and statistical reporting.

The Legal Division will perform

outreach efforts targeted at providers of

legal services. Generally, in addition to

the functions listed above, the Legal

Division’s National Outreach

Coordinator will require, at a minimum,

quarterly submissions of statistical

information on legal fees and expenses

paid to outside counsel by designated

demographic categories. FDIC will also

encourage use of minority and women

lawyers within other firms and

partnering of firms with MWOBs.

Moreover, specific procedures and

activities will be detailed in the Legal

Division’s Outside Counsel Deskbook as

well as the FDIC’s web site at:

www.fdic.gov.

Final Rule Changes

In addition to a general editorial

updating and simplification of the rule,

the FDIC has amended § 361.3 to

remove unnecessary definitions and to

conform the definition of a minority to

the SBA definition. Section 361.4

remains essentially unchanged.

The FDIC has removed §§ 361.7–

361.10 because the FDIC will no longer

grant a price incentive based on race

and gender criteria. Statistics based on

self-certification of minorities and

women and entities owned by them will

be used in conjunction with survey

efforts solely for monitoring the FDIC’s

outreach efforts.

The FDIC is presenting this final rule

in a question-and-answer format in an

effort to make the regulation easier to

use. This change does not, however,

affect the substance of the regulation.

IV. Matters of Regulatory Procedure

Paperwork Reduction Act

In accordance with the Paperwork

Reduction Act (44 U.S.C. 3501 et seq.),

the FDIC may not conduct or sponsor,

and a person is not required to respond

to, a collection of information unless it

displays a currently valid Office of

Management and Budget (OMB) control

number. Public comment and OMB

approval has previously been obtained

for an FDIC collection of information

titled ‘‘Acquisition Services Information

Requirements’’ which includes

questions regarding contractors’

minority status. This information

collection, approved under OMB control

number 3064–0072, will not be changed

by this final rule.

Regulatory Flexibility Act

The FDIC has determined that this

final rule may have a significant

economic impact on a substantial

number of small entities within the

meaning of the Regulatory Flexibility

Act, 5 U.S.C. 604, et seq., because the

amendment repeals the 3% incentive

that FDIC rules had provided to

MWOBs, including small businesses.

We invited comments on the proposal

and our initial regulatory flexibility

analysis, but none were filed.

Accordingly, this final regulatory

flexibility analysis has been prepared in

accordance with 5 U.S.C. 604.

In Adarand Constructors, Inc. v. Pen ̃a,

115 S.Ct. 2097 (1995), the Supreme

Court applied strict judicial scrutiny to

federal affirmative action programs that

use racial or ethnic criteria as a basis for

decision making. The FDIC has

determined that its price incentive for

MWOBs may not pass the Constitutional

tests enunciated by the Supreme Court

in Adarand. Therefore, in this final rule,

the FDIC is amending its regulation to

repeal that part of the regulation which

provides a 3% incentive to MWOBs that

bid on FDIC contracts. The FDIC

believes that this approach is the only

readily apparent solution, because

providing any price incentive without

meeting the criteria of the Court would

be constitutionally suspect.

The Federal Acquisition Regulations

(FAR), 63 FR 52426 (September 30,

1998), Reform of Affirmative Action in

Federal Procurement, provide a

constitutionally sustainable means of

enhancing opportunities for SDBs. The

FDIC will voluntarily utilize the FAR’s

affirmative action program.

The objective of this final rule is to

implement an outreach and affirmative

action procurement program consistent

the Supreme Court’s decision in

Adarand.

The 3% price incentive being

repealed was available to MWOBs

without regard to whether such firms

were also ‘‘small’’ businesses. 12 CFR

361.8(b)(3). In 1999, the FDIC awarded

2,778 contracts, including 626 (22.5%)

to MWOBs. However, the overwhelming

majority of those contracts were

awarded without reference to the price

incentive because the contract was for

less than the $50,000 threshold in the

rule, or the purchase was made off the

Federal Supply Schedule. Of the 278

awards that were subject to the price

incentive, 54 (19.4%) went to MWOBs.

Based on a self-certification, the

majority of those firms (about 60%)

identified themselves as small business

concerns. The FDIC anticipates that

there will be no significant change in its

contracting activity for 2000. Thus,

there may be some adverse effect on

small entities that enjoyed the price

incentive under the regulation,

principally small, women-owned firms.

However, given the FDIC’s record of

contract awards where the price

incentive was not applicable as well as

the benefits being conferred on SDBs

under the federal affirmative action

contracting program, it is anticipated

that the economic impact on small

businesses may be substantially

attenuated.

Repeal of regulations establishing a

3% incentive will not impose any new

paperwork burden. Public comment and

Office of Management and Budget

approval has previously been obtained

for an FDIC collection of information

titled ‘‘Acquisition Services Information

Requirements’’ which includes

questions regarding contractors’

minority- and/or women-owned status.

This information collection, approved

under OMB control number 3064–0072,

will not be changed by this final rule.

This rule does not duplicate, overlap, or

conflict with any other federal rules.

Because the 3% price incentive for

MWOBs would likely fail the

constitutionally mandated strict

scrutiny test established in the Adarand

case, the only readily apparent

alternative is to repeal the regulation.

Assessment of Impact of Federal

Regulation on Families

The FDIC has determined that this

amendment will not affect family wellbeing within the meaning of section 654

of the Treasury and General

Government Appropriations Act of 1999

(Public Law 105–277).

Small Business Regulatory Enforcement

and Fairness Act

Pursuant to the congressional review

provisions of the Contract with America

Advancement Act of 1996, 5 U.S.C. 801

et seq., the FDIC must report certain

final rules to Congress. The Office of

Management and Budget has

determined that this rule is not a ‘‘major

rule’’ within the meaning of the relevant

Federal Register / Vol. 65, No. 96 / Wednesday, May 17, 2000 / Rules and Regulations 31253

section of the Small Business Regulatory

Enforcement Fairness Act of 1996

(SBREFA), 5 U.S.C. 801, et seq. As

required by SBREFA, the FDIC will file

the appropriate reports with Congress

and the General Accounting Office.

List of Subjects in 12 CFR Part 361

Government contracts, Lawyers, Legal

services, Minority businesses, Reporting

and recordkeeping requirements,

Women businesses.

For the reasons set forth above, the

Board of Directors of the Federal

Deposit Insurance Corporation revises

part 361 of chapter III of title 12 of the

Code of Federal Regulations as follows:

PART 361—MINORITY AND WOMEN

OUTREACH PROGRAM

CONTRACTING

Sec.

361.1 Why do minority- and women-owned

businesses need this outreach

regulation?

361.2 Why does the FDIC have this

outreach program?

361.3 Who may participate in this outreach

program?

361.4 What contracts are eligible for this

outreach program?

361.5 What are the FDIC’s oversight and

monitoring responsibilities in

administering this program?

361.6 What outreach efforts are included in

this program?

Authority: 12 U.S.C. 1833e.

§ 361.1 Why do minority- and womenowned businesses need this outreach

regulation?

The purpose of the FDIC Minority and

Women Outreach Program (MWOP) is to

ensure that minority- and womenowned businesses (MWOBs) are given

the opportunity to participate fully in

all contracts entered into by the FDIC.

§ 361.2 Why does the FDIC have this

outreach program?

It is the policy of the FDIC that

minorities and women, and businesses

owned by them have the maximum

practicable opportunity to participate in

contracts awarded by the FDIC.

§ 361.3 Who may participate in this

outreach program?

For purposes of this part:

(a) Minority has the same meaning as

defined by the Small Business

Administration at 13 CFR 124.103(b).

(b) Legal Services means all services

provided by attorneys or law firms

(including services of support staff).

§ 361.4 What contracts are eligible for this

outreach program?

The FDIC outreach program applies to

all contracts entered into by the FDIC.

The outreach program is incorporated

into FDIC policies and guidelines

governing contracting and the retention

of legal services.

§ 361.5 What are the FDIC’s oversight and

monitoring responsibilities in administering

this program?

(a) The FDIC Office of Diversity and

Economic Opportunity (ODEO) has

overall responsibility for nationwide

outreach oversight, which includes, but

is not limited to, the monitoring, review

and interpretation of relevant

regulations. In addition, the ODEO is

responsible for providing the FDIC with

technical assistance and guidance to

facilitate the identification, registration,

and solicitation of MWOBs.

(b) Each FDIC office that performs

contracting or outreach activities will

submit information to the ODEO on a

quarterly basis, or upon request.

Quarterly submissions will include, at a

minimum, statistical information on

contract awards and solicitations by

designated demographic categories.

§ 361.6 What outreach efforts are included

in this program?

(a) Each office engaged in contracting

with the private sector will designate

one or more MWOP coordinators. The

coordinators will perform outreach

activities for MWOP and act as liaison

between the FDIC and the public on

MWOP issues. On a quarterly basis, or

as requested by the ODEO, the

coordinators will report to the ODEO on

their implementation of the outreach

program.

(b) Outreach includes the

identification and registration of

MWOBs who can provide goods and

services utilized by the FDIC. This

includes distributing information

concerning the MWOP.

(c) The identification of MWOBs for

the provision of legal and non-legal

services will primarily be accomplished

by:

(1) Obtaining various lists and

directories of MWOBs maintained by

other federal, state, and local

governmental agencies;

(2) Participating in conventions,

seminars and professional meetings

comprised of, or attended

predominately by, MWOBs;

(3) Conducting seminars, meetings,

workshops and other various functions

to promote the identification and

registration of MWOBs;

(4) Placing MWOP promotional

advertisements indicating opportunities

with the FDIC in minority- and womenowned media; and

(5) Monitoring to assure that FDIC

staff interfacing with the contracting

community are knowledgeable of, and

actively promoting, the MWOP.

By Order of the Board of Directors.

Dated at Washington, DC, this 10th day of

May 2000.

Federal Deposit Insurance Corporation.

Robert E. Feldman,

Executive Secretary.

[FR Doc. 00–12408 Filed 5–16–00; 8:45 am]

BILLING CODE 6714–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–213–AD; Amendment

39–11727; AD 2000–10–03]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model DC–10 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all McDonnell Douglas

Model DC–10 series airplanes, that

requires a one-time detailed visual

inspection to determine if wire

segments of the wire bundle routed

through the feed through on the aft side

of the flight engineer’s station are

damaged or chafed, and corrective

actions, if necessary. This amendment is

prompted by a report of smoke coming

out of the flight engineer’s upper right

circuit breaker panel, which was

followed by circuit breakers popping

and the panel lights going out. The

actions specified by this AD are

intended to prevent chafing of the wire

bundle located behind the flight

engineer’s panel caused by the wire

bundle coming in contact with the

lower edge of the feed through and

consequent electrical arcing, which

could result in smoke and fire in the

cockpit.

DATES: Effective June 21, 2000.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 21,

2000.

ADDRESSES: The service information

referenced in this AD may be obtained

from Boeing Commercial Aircraft

Group, Long Beach Division, 3855

Lakewood Boulevard, Long Beach,

California 90846, Attention: Technical

Publications Business Administration,

Dept. C1–L51 (2–60). This information

may be examined at the Federal

Aviation Administration (FAA),