Minority and Women Outreach Program Contracting, 420-421 [E7-25028]

Download as PDF 420 Federal Register / Vol. 73, No. 2 / Thursday, January 3, 2008 / Proposed Rules 33. In § 3.142, paragraph (a) is revised to read as follows: § 3.142 Handling. (a) Any person subject to the Animal Welfare regulations (9 CFR parts 1, 2, and 3) who moves (including loading and unloading) live animals within, to, or from the animal holding area of a terminal facility or a primary conveyance shall do so as quickly and efficiently as possible and shall provide the following during movement of the live animals: (1) Shelter from sunlight and extreme heat. Sufficient shade shall be provided to protect the live animals from the direct rays of the sun. (2) Shelter from rain and snow. Sufficient protection shall be provided to allow the live animals to remain dry during rain, snow, and other precipitation. (3) Climatic and environmental conditions. Climatic and environmental conditions during movement shall be maintained in accordance with the requirements of § 2.131(f). * * * * * 34. A new § 3.143 is added to read as follows: § 3.143 Climatic and environmental conditions during transportation. Climatic and environmental conditions during transportation of live animals shall be maintained in accordance with the requirements of § 2.131(f) of this subchapter. Done in Washington, DC, this 26th day of December 2007. Kevin Shea, Acting Under Secretary for Marketing and Regulatory Programs. [FR Doc. E7–25530 Filed 1–2–08; 8:45 am] BILLING CODE 3410–34–P FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Part 361 RIN 3064–AD23 Minority and Women Outreach Program Contracting Federal Deposit Insurance Corporation (FDIC). ACTION: Notice of proposed rulemaking. mstockstill on PROD1PC66 with PROPOSALS AGENCY: SUMMARY: This proposal would amend existing FDIC regulations regarding the FDIC’s contracting activities under its Minority and Women Outreach Program (MWOP). These are relatively minor amendments designed to eliminate several provisions rendered obsolete by significant reductions in FDIC VerDate Aug<31>2005 18:10 Jan 02, 2008 Jkt 214001 contracting activities and decreases in FDIC staff to monitor the contracting activities of Minority and WomenOwned Businesses (MWOBs). DATES: Comments must be received on or before March 3, 2008. ADDRESSES: You may submit comments by any of the following methods: • Agency Web site: http:// www.fdic.gov/regulations/laws/federal/ propose.html. Follow instructions for submitting comments on the Agency Web site. • E-mail: Comments@FDIC.gov. Include ‘‘Part 361—Minority and Women Outreach Program Contracting’’ in the subject line of the message. • Mail: Robert E. Feldman, Executive Secretary, Attention: Comments, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429. • Hand Delivery/Courier: Guard station at the rear of the 550 17th Street Building (located on F Street) on business days between 7 a.m. and 5 p.m. • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. Public Inspection: All comments received will be posted without change to http://www.fdic.gov/regulations/laws/ federal including any personal information provided. Comments may be inspected and photocopied in the FDIC Public Information Center, 3501 North Fairfax Drive, Room E–1002, Arlington, VA 22226, between 9 a.m. and 5 p.m. on business days. Paper copies of public comments may be ordered from the Public Information Center by telephone at (877) 275–3342 or (703) 562–2200. FOR FURTHER INFORMATION CONTACT: Robert P. Elcan, Chief, Minority & Women Outreach Program Section, Office of Diversity and Economic Opportunity, at RElcan@fdic.gov or (703) 562–6070; or Trisha M. Bursey, Assistant Director, Division of Administration, Acquisition Services Branch, Policy and Operations Section, at TBursey@fdic.gov or (703) 562–2212; or Chris J. Conanan, Counsel, Legal Division, Corporate Operations Branch, Corporate and Legal Operations Section, Contracting and Internal Review Unit, at CConanan@fdic.gov or (703) 562–2335. SUPPLEMENTARY INFORMATION: I. Background Section 1216 of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 provides that the FDIC shall ‘‘prescribe regulations to establish and oversee a minority outreach program[s] * * * to ensure inclusion, to the maximum extent possible, of minorities and women, and PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 entities owned by minorities and women * * * in all contracts entered into by the agency * * *.’’ 12 U.S.C. 1833e(c). Since 1992, the FDIC has promulgated Outreach Regulations implementing this statutory directive and has used various approaches to ensure the maximum inclusion of MWOBs in contracts entered into by the agency, including, among other things, formal solicitations and a focus on Small Disadvantaged Businesses (SDBs). The MWOP is administered by the FDIC’s Office of Diversity and Economic Opportunity (ODEO); however, actual contracts are awarded by the FDIC through the Acquisition Services Branch, Division of Administration. Nonetheless, since promulgation of the Outreach Regulations, and amendments made in 1995 and 2000, FDIC contracting activities have significantly declined, which has resulted in fewer contract awards to MWOBs. Consequently, FDIC staff involved in MWOB registration, monitoring, and data collection has been significantly reduced, and the provisions in the Outreach Regulations that correspond to these staff activities have not been operational for several years. For these reasons, the FDIC proposes elimination of obsolete regulatory provisions. Specifically, the FDIC proposes to eliminate current regulatory provisions that call for registration of MWOBs; quarterly MWOB data reports from Offices or Divisions within the FDIC to ODEO; and the designation of MWOP coordinators within FDIC Offices or Divisions. II. Request for Comments The FDIC welcomes comments on all aspects of this proposal. III. Solicitation of Comments on Use of Plain Language Section 722 of the Gramm-LeachBliley Act, Pub. L. 106–102, sec. 722, 113 Stat. 1338, 1471 (Nov. 12, 1999), requires the federal banking agencies to use plain language in all proposed and final rules published after January 1, 2000. We invite your comments on how to make this proposal easier to understand. For example: • Have we organized the material to suit your needs? If not, how could this material be better organized? • Are the requirements in the proposed regulation clearly stated? If not, how could the regulation be more clearly stated? • Does the proposed regulation contain language or jargon that is not clear? If so, which language requires clarification? E:\FR\FM\03JAP1.SGM 03JAP1 Federal Register / Vol. 73, No. 2 / Thursday, January 3, 2008 / Proposed Rules • Would a different format (grouping and order of sections, use of headings, paragraphing) make the regulation easier to understand? If so, what changes to the format would make the regulation easier to understand? • What else could we do to make the regulation easier to understand? of the Code of Federal Regulations as follows: PART 361—MINORITY AND WOMEN OUTREACH PROGRAM CONTRACTING 1. The authority citation for part 361 continues to read as follows: IV. Regulatory Flexibility Act Analysis Authority: 12 U.S.C. 1833e. The Regulatory Flexibility Act (RFA) requires that each Federal agency either certify that a proposed rule would not, if adopted in final form, have a significant impact on a substantial number of small entities or prepare an initial regulatory flexibility analysis (IRFA) of the proposal and publish the analysis for comment. See 5 U.S.C. 603, 605. The proposed rule primarily affects the internal operations of the FDIC, does not impose any obligations or restrictions on depository institutions, including small depository institutions, and does not impact the contracting opportunities of small businesses or SDBs. The FDIC certifies pursuant to 5 U.S.C. 605(b) that this proposed rule, if it is adopted in final form, will not have a significant impact on a substantial number of small entities. Commenters are nevertheless invited to provide the FDIC with any information they may have about the likely quantitative effects of the proposal. 2. Revise § 361.3 to read as follows: V. Paperwork Reduction Act The FDIC has determined that this proposed rule does not involve a collection of information pursuant to the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). VI. The Treasury and General Government Appropriations Act, 1999— Assessment of Federal Regulations and Policies on Families The FDIC has determined that the proposed rule will not affect family well-being within the meaning of section 654 of the Treasury and General Government Appropriations Act, enacted as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999 (Pub. L. 105–277, 112 Stat. 2681). mstockstill on PROD1PC66 with PROPOSALS List of Subjects in 12 CFR Part 361 Government contracts, Individuals with disabilities, Lawyers, Legal services, Minority businesses, Reporting and recordkeeping requirements, Women. For the reasons set forth in the preamble, the Board of Directors of the Federal Deposit Insurance Corporation proposes to amend title 12, chapter III, VerDate Aug<31>2005 18:10 Jan 02, 2008 Jkt 214001 421 Dated at Washington, DC, this 19th day of December 2007. Federal Deposit Insurance Corporation. Valerie J. Best, Assistant Executive Secretary. [FR Doc. E7–25028 Filed 1–2–08; 8:45 am] BILLING CODE 6714–01–P DEPARTMENT OF THE TREASURY § 361.3 Who may participate in this outreach program? Internal Revenue Service Any MWOB contractor qualified to provide goods and services to the FDIC. 3. Revise § 361.5 to read as follows: 26 CFR Part 1 § 361.5 What are the FDIC’s oversight and monitoring responsibilities in administering this program? 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 and solicitation of MWOBs. ODEO shall also collect and analyze data on contracting dollars awarded to MWOBs as provided by the FDIC’s Division of Administration. 4. Revise § 361.6 to read as follows: § 361.6 What outreach efforts are included in this program? Outreach includes the identification and solicitation of MWOBs who can provide goods and services to the FDIC and the distribution of information concerning the MWOP. The identification and solicitation of MWOBs for the provision of legal and non-legal services will primarily be accomplished by: (a) Obtaining lists and directories of MWOBs maintained by other federal, state, and local governmental agencies; (b) Participating in conventions, seminars and professional meetings comprised of, or attended predominately by MWOBs; (c) Conducting seminars, meetings, workshops and other various functions to promote the identification and solicitation of MWOBs; (d) Placing MWOP promotional advertisements in minority- and women-owned media indicating opportunities with the FDIC; and (e) Monitoring FDIC staff interacting with the contracting community to ensure they are knowledgeable of, and actively promote the MWOP. By order of the Board of Directors. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 [REG–136701–07] RIN1545–BH04 Diversification Requirements for Certain Defined Contribution Plans Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking. AGENCY: SUMMARY: This document contains proposed regulations under section 401(a)(35) of the Internal Revenue Code (Code) relating to diversification requirements for certain defined contribution plans and to publicly traded employer securities. These regulations will affect administrators of, employers maintaining, participants in, and beneficiaries of defined contribution plans that are invested in employer securities. DATES: Written or electronic comments and requests for a public hearing must be received by April 2, 2008. ADDRESSES: Send submissions to: CC:PA:LPD:PR (Reg–136701–07), room 5203, Internal Revenue Service, PO Box 7604, Ben Franklin Station, Washington DC 20044. Submissions may be handdelivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to: CC:PA:LPD:PR (Reg–136701–07), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue, NW., Washington, DC, or sent electronically via the Federal eRulemaking Portal at http:// www.regulations.gov (IRS REG–136701– 07). FOR FURTHER INFORMATION CONTACT: Concerning the regulations, R. Lisa Mojiri-Azad or Dana Barry at (202) 622– 6060; concerning submission of comments or to request a public hearing, Kelly Banks at (202) 622–7180 (not toll-free numbers). SUPPLEMENTARY INFORMATION: Background This document contains proposed regulations under section 401(a)(35) of the Code, which was added by section E:\FR\FM\03JAP1.SGM 03JAP1

Agencies

[Federal Register Volume 73, Number 2 (Thursday, January 3, 2008)]
[Proposed Rules]
[Pages 420-421]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25028]


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FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Part 361

RIN 3064-AD23


Minority and Women Outreach Program Contracting

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Notice of proposed rulemaking.

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

SUMMARY: This proposal would amend existing FDIC regulations regarding 
the FDIC's contracting activities under its Minority and Women Outreach 
Program (MWOP). These are relatively minor amendments designed to 
eliminate several provisions rendered obsolete by significant 
reductions in FDIC contracting activities and decreases in FDIC staff 
to monitor the contracting activities of Minority and Women-Owned 
Businesses (MWOBs).

DATES: Comments must be received on or before March 3, 2008.

ADDRESSES: You may submit comments by any of the following methods:
     Agency Web site: http://www.fdic.gov/regulations/laws/
federal/propose.html. Follow instructions for submitting comments on 
the Agency Web site.
     E-mail: Comments@FDIC.gov. Include ``Part 361--Minority 
and Women Outreach Program Contracting'' in the subject line of the 
message.
     Mail: Robert E. Feldman, Executive Secretary, Attention: 
Comments, Federal Deposit Insurance Corporation, 550 17th Street, NW., 
Washington, DC 20429.
     Hand Delivery/Courier: Guard station at the rear of the 
550 17th Street Building (located on F Street) on business days between 
7 a.m. and 5 p.m.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Public Inspection: All comments received will be posted without 
change to http://www.fdic.gov/regulations/laws/federal including any 
personal information provided. Comments may be inspected and 
photocopied in the FDIC Public Information Center, 3501 North Fairfax 
Drive, Room E-1002, Arlington, VA 22226, between 9 a.m. and 5 p.m. on 
business days. Paper copies of public comments may be ordered from the 
Public Information Center by telephone at (877) 275-3342 or (703) 562-
2200.

FOR FURTHER INFORMATION CONTACT: Robert P. Elcan, Chief, Minority & 
Women Outreach Program Section, Office of Diversity and Economic 
Opportunity, at RElcan@fdic.gov or (703) 562-6070; or Trisha M. Bursey, 
Assistant Director, Division of Administration, Acquisition Services 
Branch, Policy and Operations Section, at TBursey@fdic.gov or (703) 
562-2212; or Chris J. Conanan, Counsel, Legal Division, Corporate 
Operations Branch, Corporate and Legal Operations Section, Contracting 
and Internal Review Unit, at CConanan@fdic.gov or (703) 562-2335.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 1216 of the Financial Institutions Reform, Recovery and 
Enforcement Act of 1989 provides that the FDIC shall ``prescribe 
regulations to establish and oversee a 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). Since 
1992, the FDIC has promulgated Outreach Regulations implementing this 
statutory directive and has used various approaches to ensure the 
maximum inclusion of MWOBs in contracts entered into by the agency, 
including, among other things, formal solicitations and a focus on 
Small Disadvantaged Businesses (SDBs). The MWOP is administered by the 
FDIC's Office of Diversity and Economic Opportunity (ODEO); however, 
actual contracts are awarded by the FDIC through the Acquisition 
Services Branch, Division of Administration.
    Nonetheless, since promulgation of the Outreach Regulations, and 
amendments made in 1995 and 2000, FDIC contracting activities have 
significantly declined, which has resulted in fewer contract awards to 
MWOBs. Consequently, FDIC staff involved in MWOB registration, 
monitoring, and data collection has been significantly reduced, and the 
provisions in the Outreach Regulations that correspond to these staff 
activities have not been operational for several years. For these 
reasons, the FDIC proposes elimination of obsolete regulatory 
provisions. Specifically, the FDIC proposes to eliminate current 
regulatory provisions that call for registration of MWOBs; quarterly 
MWOB data reports from Offices or Divisions within the FDIC to ODEO; 
and the designation of MWOP coordinators within FDIC Offices or 
Divisions.

II. Request for Comments

    The FDIC welcomes comments on all aspects of this proposal.

III. Solicitation of Comments on Use of Plain Language

    Section 722 of the Gramm-Leach-Bliley Act, Pub. L. 106-102, sec. 
722, 113 Stat. 1338, 1471 (Nov. 12, 1999), requires the federal banking 
agencies to use plain language in all proposed and final rules 
published after January 1, 2000. We invite your comments on how to make 
this proposal easier to understand. For example:
     Have we organized the material to suit your needs? If not, 
how could this material be better organized?
     Are the requirements in the proposed regulation clearly 
stated? If not, how could the regulation be more clearly stated?
     Does the proposed regulation contain language or jargon 
that is not clear? If so, which language requires clarification?

[[Page 421]]

     Would a different format (grouping and order of sections, 
use of headings, paragraphing) make the regulation easier to 
understand? If so, what changes to the format would make the regulation 
easier to understand?
     What else could we do to make the regulation easier to 
understand?

IV. Regulatory Flexibility Act Analysis

    The Regulatory Flexibility Act (RFA) requires that each Federal 
agency either certify that a proposed rule would not, if adopted in 
final form, have a significant impact on a substantial number of small 
entities or prepare an initial regulatory flexibility analysis (IRFA) 
of the proposal and publish the analysis for comment. See 5 U.S.C. 603, 
605. The proposed rule primarily affects the internal operations of the 
FDIC, does not impose any obligations or restrictions on depository 
institutions, including small depository institutions, and does not 
impact the contracting opportunities of small businesses or SDBs. The 
FDIC certifies pursuant to 5 U.S.C. 605(b) that this proposed rule, if 
it is adopted in final form, will not have a significant impact on a 
substantial number of small entities. Commenters are nevertheless 
invited to provide the FDIC with any information they may have about 
the likely quantitative effects of the proposal.

V. Paperwork Reduction Act

    The FDIC has determined that this proposed rule does not involve a 
collection of information pursuant to the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

 VI. The Treasury and General Government Appropriations Act, 1999-- 
Assessment of Federal Regulations and Policies on Families

    The FDIC has determined that the proposed rule will not affect 
family well-being within the meaning of section 654 of the Treasury and 
General Government Appropriations Act, enacted as part of the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act of 1999 
(Pub. L. 105-277, 112 Stat. 2681).

List of Subjects in 12 CFR Part 361

    Government contracts, Individuals with disabilities, Lawyers, Legal 
services, Minority businesses, Reporting and recordkeeping 
requirements, Women.
    For the reasons set forth in the preamble, the Board of Directors 
of the Federal Deposit Insurance Corporation proposes to amend title 
12, chapter III, of the Code of Federal Regulations as follows:

PART 361--MINORITY AND WOMEN OUTREACH PROGRAM CONTRACTING

    1. The authority citation for part 361 continues to read as 
follows:

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

    2. Revise Sec.  361.3 to read as follows:


Sec.  361.3  Who may participate in this outreach program?

    Any MWOB contractor qualified to provide goods and services to the 
FDIC.
    3. Revise Sec.  361.5 to read as follows:


Sec.  361.5  What are the FDIC's oversight and monitoring 
responsibilities in administering this program?

    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 and solicitation of MWOBs. 
ODEO shall also collect and analyze data on contracting dollars awarded 
to MWOBs as provided by the FDIC's Division of Administration.
    4. Revise Sec.  361.6 to read as follows:


Sec.  361.6  What outreach efforts are included in this program?

    Outreach includes the identification and solicitation of MWOBs who 
can provide goods and services to the FDIC and the distribution of 
information concerning the MWOP. The identification and solicitation of 
MWOBs for the provision of legal and non-legal services will primarily 
be accomplished by:
    (a) Obtaining lists and directories of MWOBs maintained by other 
federal, state, and local governmental agencies;
    (b) Participating in conventions, seminars and professional 
meetings comprised of, or attended predominately by MWOBs;
    (c) Conducting seminars, meetings, workshops and other various 
functions to promote the identification and solicitation of MWOBs;
    (d) Placing MWOP promotional advertisements in minority- and women-
owned media indicating opportunities with the FDIC; and
    (e) Monitoring FDIC staff interacting with the contracting 
community to ensure they are knowledgeable of, and actively promote the 
MWOP.

    By order of the Board of Directors.

    Dated at Washington, DC, this 19th day of December 2007.

Federal Deposit Insurance Corporation.
Valerie J. Best,
Assistant Executive Secretary.
[FR Doc. E7-25028 Filed 1-2-08; 8:45 am]
BILLING CODE 6714-01-P