Small Business Size Regulations; 8(a) Business Development/Small Disadvantaged Business Status Determinations; Correction, 28237-28238 [2012-11508]

Download as PDF 28237 Rules and Regulations Federal Register Vol. 77, No. 93 Monday, May 14, 2012 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. SMALL BUSINESS ADMINISTRATION 13 CFR Part 124 RIN 3245–AF53 Small Business Size Regulations; 8(a) Business Development/Small Disadvantaged Business Status Determinations; Correction U.S. Small Business Administration. ACTION: Correcting amendments. AGENCY: The U.S. Small Business Administration (SBA) published a final rule in the Federal Register on February 11, 2011, to amend the 8(a) Business Development (BD) program and SBA size regulations, and the regulations affecting Small Disadvantaged Businesses (SDBs). That rule was published with a few inadvertent errors that are corrected in this document. DATES: Effective Date: This rule is effective May 14, 2012. FOR FURTHER INFORMATION CONTACT: LeAnn Delaney, Deputy Associate Administrator, Office of Business Development, at (202) 205–5852, or LeAnn.Delaney@sba.gov. SUMMARY: SUPPLEMENTARY INFORMATION: emcdonald on DSK29S0YB1PROD with RULES Need for Correction In amending § 124.3, definition for ‘‘Primary industry classification’’ SBA intended the time period to consist of three years not the two years provided for in the definition. This change from two years to three years was made in other portions of the rule but was inadvertently not changed in 124.3. Correction of this oversight would make the section consistent with related provisions of the rule. As stated in the preamble of the final rule, SBA intended to make the provisions pertaining to Tribes, ANCs, NHOs, and CDCs consistent. The section addresses when a subsidiary is eligible VerDate Mar<15>2010 14:45 May 11, 2012 Jkt 226001 for award of a follow on contract. The change was inadvertently only made to the Tribes and ANC provisions. Therefore, SBA is correcting § 124.110(e) and § 124.111(d) to make these provisions, relating to Native Hawaiian Owned (NHO) entities and Certified Development Companies (CDCs) respectively, consistent with the same language pertaining to tribally and Alaskan Native Corporation (ANC) and NHO owned entities. Additionally, SBA is changing § 124.111(d) which contains a reference to SIC instead of NAICS. In §§ 124.112(b)(6) and (d)(1) SBA is correcting typographical errors that result in the wrong word choice. The word ‘‘contacts’’ is replaced with the word ‘‘contracts’’ in (b)(6) and the word ‘‘though’’ is replaced with the word ‘‘through’’ in (d)(1) In § 124.513(c)(4) SBA omitted the word ‘‘populated’’, which is necessary for the public to be able to distinguish the treatment of profit distribution between populated and unpopulated joint ventures. This section will be corrected to insert the missing word. With regard to § 124.519, SBA provided incorrect instructions to the Federal Register for the amendments to paragraph (a) that was inconsistent with the intended amendment as discussed in the preamble for the final rule. Specifically, SBA intended to amend only the introductory text of § 124.519(a) but provided instructions that amended the entire paragraph (a) resulting in the unintended removal of paragraphs (1) through (3). SBA is making the correction here to reinsert those paragraphs. Finally, to avoid confusion for the public, SBA is correcting awkward language in § 124.520(c)(3) to clearly articulate the standards, as discussed in ´ ´ the preamble, for permitting a protege firm to have more than one mentor. List of Subjects in 13 CFR Part 124 Administrative practice and procedures, Government procurement, Hawaiian natives, Indians—business and finance, Minority businesses, Reporting and recordkeeping requirements, Tribally-owned concerns, Technical assistance. Accordingly, 13 CFR part 124 is corrected by making the following correcting amendments: PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 PART 124—8(a) BUSINESS DEVELOPMENT/SMALL DISADVANTAGED BUSINESS STATUS DETERMINATIONS 1. The authority citation for part 124 continues to read as follows: ■ Authority: 15 U.S.C. 634(b)(6), 636(j), 637(a), 637(d) and Pub. L. 99–661, Pub. L. 100–656, sec. 1207, Pub. L. 101–37, Pub. L. 101–574, sec. 8021, Pub. L. 108–87, and 42 U.S.C. 9815. 2. In § 124.3 amend the definition for ‘‘primary industry classification’’ by removing the word ‘‘two-year’’ and adding in its place the word ‘‘threeyear’’ in the 4th sentence. ■ 3. Amend § 124.110(e) by revising the third sentence to read as follows: ■ § 124.110 Do Native Hawaiian Organizations have any special rules for applying to the 8(a) BD program? * * * * * (e) * * * In addition, once an applicant is admitted to the 8(a) BD program, it may not receive an 8(a) sole source contract that is a follow-on contract to an 8(a) contract that was performed immediately previously by another Participant (or former Participant) owned by the same Native Hawaiian Organization. * * * * * * * * 4. Amend § 124.111(d) to read as follows: ■ § 124.111 Do Community Development Corporations (CDCs) have any special rules for applying to the 8(a) BD program? * * * * * (d) * * * In addition, once an applicant is admitted to the 8(a) BD program, it may not receive an 8(a) sole source contract that is a follow-on contract to an 8(a) contract that was performed immediately previously by another Participant (or former Participant) owned by the same CDC. * * * * * * * * 5. Amend § 124.112 as follows: a. Amend paragraph (b)(6) by removing the word ‘‘contacts’’ and adding the word ‘‘contracts’’ in its place. ■ b. Amend the second sentence in paragraph (d)(1) by removing the word ‘‘though’’ and adding the word ‘‘through’’ in its place. ■ ■ E:\FR\FM\14MYR1.SGM 14MYR1 28238 Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations 6. Amend § 124.513(c)(4) by adding the word ‘‘populated’’ before the word ‘‘separate.’’ DEPARTMENT OF TRANSPORTATION 7. Amend § 124.519 by adding paragraphs (a)(1), (a)(2), and (a)(3) to read as follows: 14 CFR Part 39 ■ ■ § 124.519 Are there any dollar limits on the amount of 8(a) contracts that a Participant may receive? (a) * * * (1) For a firm having a receipts-based primary NAICS code at time of program entry, the limit above which it can no longer receive sole source 8(a) contracts is five times the size standard corresponding to its primary NAICS code which is determined as of the date of SBA’s acceptance of the requirement for the 8(a) BD program or $100,000,000, whichever is less. (2) For a firm having an employeebased primary NAICS code at time of program entry, the limit above which it can no longer receive sole source 8(a) contracts is $100,000,000. (3) SBA will not consider 8(a) contracts awarded under $100,000 in determining whether a Participant has reached the limit identified in paragraphs (a)(1) and (a)(2) of this section. * * * * * 8. Amend § 124.520 by revising paragraph (c)(3) to read as follows: ■ § 124.520 What are the rules governing ´ ´ SBA’s Mentor/Protege program? * * * * (c) * * * ´ ´ (3) A protege firm may generally have only one mentor at a time. The AA/BD may approve a second mentor for a ´ ´ particular protege firm where the second relationship will not compete or otherwise conflict with the business development assistance set forth in the ´ ´ first mentor/protege relationship and either: (i) The second relationship pertains to a, secondary NAICS code; or ´ ´ (ii) The protege firm is seeking to acquire a specific expertise that the first mentor does not possess. * * * * * emcdonald on DSK29S0YB1PROD with RULES * Dated: May 4, 2012. A. John Shoraka, Associate Administrator for Government Contracting and Business Development. [FR Doc. 2012–11508 Filed 5–11–12; 8:45 am] BILLING CODE 8025–01–P VerDate Mar<15>2010 14:45 May 11, 2012 Jkt 226001 Federal Aviation Administration [Docket No. FAA–2011–0998; Directorate Identifier 2011–NM–046–AD; Amendment 39–17042; AD 2012–09–07] RIN 2120–AA64 Airworthiness Directives; Airbus Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for certain Airbus Model A319–111, –112, and –132 airplanes; Model A320–111, –211, –212, –214 and –232 airplanes; and Model A321–111, –211, –212, and –231 airplanes. This AD was prompted by reports that corrosion was found on the overwing refueling aperture on the top wing skin, and that for certain airplanes, repairs made using primer coating may prevent proper electrical bonding provision between the overwing refueling cap adaptor and the wing skin. This AD requires performing an electrical bonding test between the gravity fill re-fuel adaptor and the top skin panels on the left-hand and righthand wings, and if necessary performing a general visual inspection for corrosion of the component interface and adjacent area, and repairing the gravity fuel adaptor if any corrosion is found. We are issuing this AD to detect and correct corrosion and improper bonding, which in combination with a lightning strike in this area, could create a source of ignition in a fuel tank, resulting in a fire or explosion, and consequent loss of the airplane. DATES: This AD becomes effective June 18, 2012. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of June 18, 2012. ADDRESSES: You may examine the AD docket on the Internet at https:// www.regulations.gov or in person at the U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC. FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, SUMMARY: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 Washington 98057–3356; telephone (425) 227–1405; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on October 5, 2011 (76 FR 61641). That NPRM proposed to require correct an unsafe condition for the specified products. The MCAI states: Cases of corrosion findings have been reported on the overwing refueling aperture (used to fill the fuel tank by gravity) on the wing top skin. The reported corrosion was on the mating surface of the aperture flange, underneath the refuel adaptor. Corrosion findings have been repaired on a case by case basis in accordance with approved data. For certain aeroplanes (identified by MSN in the applicability section of this [European Aviation Safety Agency (EASA)] AD, the provided repair contained instructions to apply primer coating on the mating surface. Since doing those repairs, it has been found that this primer coating may prevent proper electrical bonding provision between the overwing refuelling cap adaptor and the wing skin. This condition, if not corrected, could, in combination with a lightning strike in this area, create a source of ignition in a fuel tank, possibly resulting in a fire or explosion and consequent loss of the aeroplane. For the reasons described above, this [EASA] AD requires a one-time electrical bonding check between the gravity fill re-fuel adaptor and the top skin panels on the affected aeroplanes and, in case of findings [a general visual inspection for corrosion of the component interface and adjacent area], the application of the associated corrective actions [i.e. repair]. You may obtain further information by examining the MCAI in the AD docket. Comments We gave the public the opportunity to participate in developing this AD. We have considered the comments received. Request To Permit a Ferry Flight US Airways stated that there currently is no fly-back allowance in the NPRM (76 FR 61641, October 5, 2011). US Airways also stated that this makes it difficult for airlines to schedule the inspection quickly, which is the most desirable situation. We infer that US Airways is requesting a ferry flight permit. We partially agree with this request. Unless otherwise specified in the AD, special flight permits are currently allowed under section 39.23 of the Federal Aviation Regulations (14 CFR 39.23). No change is therefore necessary to the AD regarding this issue. E:\FR\FM\14MYR1.SGM 14MYR1

Agencies

SMALL BUSINESS ADMINISTRATION

[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Rules and Regulations]
[Pages 28237-28238]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11508]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and 
Regulations

[[Page 28237]]



SMALL BUSINESS ADMINISTRATION

13 CFR Part 124

RIN 3245-AF53


Small Business Size Regulations; 8(a) Business Development/Small 
Disadvantaged Business Status Determinations; Correction

AGENCY: U.S. Small Business Administration.

ACTION: Correcting amendments.

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

SUMMARY: The U.S. Small Business Administration (SBA) published a final 
rule in the Federal Register on February 11, 2011, to amend the 8(a) 
Business Development (BD) program and SBA size regulations, and the 
regulations affecting Small Disadvantaged Businesses (SDBs). That rule 
was published with a few inadvertent errors that are corrected in this 
document.

DATES: Effective Date: This rule is effective May 14, 2012.

FOR FURTHER INFORMATION CONTACT: LeAnn Delaney, Deputy Associate 
Administrator, Office of Business Development, at (202) 205-5852, or 
LeAnn.Delaney@sba.gov.

SUPPLEMENTARY INFORMATION: 

Need for Correction

    In amending Sec.  124.3, definition for ``Primary industry 
classification'' SBA intended the time period to consist of three years 
not the two years provided for in the definition. This change from two 
years to three years was made in other portions of the rule but was 
inadvertently not changed in 124.3. Correction of this oversight would 
make the section consistent with related provisions of the rule.
    As stated in the preamble of the final rule, SBA intended to make 
the provisions pertaining to Tribes, ANCs, NHOs, and CDCs consistent. 
The section addresses when a subsidiary is eligible for award of a 
follow on contract. The change was inadvertently only made to the 
Tribes and ANC provisions. Therefore, SBA is correcting Sec.  
124.110(e) and Sec.  124.111(d) to make these provisions, relating to 
Native Hawaiian Owned (NHO) entities and Certified Development 
Companies (CDCs) respectively, consistent with the same language 
pertaining to tribally and Alaskan Native Corporation (ANC) and NHO 
owned entities. Additionally, SBA is changing Sec.  124.111(d) which 
contains a reference to SIC instead of NAICS.
    In Sec. Sec.  124.112(b)(6) and (d)(1) SBA is correcting 
typographical errors that result in the wrong word choice. The word 
``contacts'' is replaced with the word ``contracts'' in (b)(6) and the 
word ``though'' is replaced with the word ``through'' in (d)(1)
    In Sec.  124.513(c)(4) SBA omitted the word ``populated'', which is 
necessary for the public to be able to distinguish the treatment of 
profit distribution between populated and unpopulated joint ventures. 
This section will be corrected to insert the missing word.
    With regard to Sec.  124.519, SBA provided incorrect instructions 
to the Federal Register for the amendments to paragraph (a) that was 
inconsistent with the intended amendment as discussed in the preamble 
for the final rule. Specifically, SBA intended to amend only the 
introductory text of Sec.  124.519(a) but provided instructions that 
amended the entire paragraph (a) resulting in the unintended removal of 
paragraphs (1) through (3). SBA is making the correction here to 
reinsert those paragraphs.
    Finally, to avoid confusion for the public, SBA is correcting 
awkward language in Sec.  124.520(c)(3) to clearly articulate the 
standards, as discussed in the preamble, for permitting a 
prot[eacute]g[eacute] firm to have more than one mentor.

List of Subjects in 13 CFR Part 124

    Administrative practice and procedures, Government procurement, 
Hawaiian natives, Indians--business and finance, Minority businesses, 
Reporting and recordkeeping requirements, Tribally-owned concerns, 
Technical assistance.

    Accordingly, 13 CFR part 124 is corrected by making the following 
correcting amendments:

PART 124--8(a) BUSINESS DEVELOPMENT/SMALL DISADVANTAGED BUSINESS 
STATUS DETERMINATIONS

0
1. The authority citation for part 124 continues to read as follows:

    Authority:  15 U.S.C. 634(b)(6), 636(j), 637(a), 637(d) and Pub. 
L. 99-661, Pub. L. 100-656, sec. 1207, Pub. L. 101-37, Pub. L. 101-
574, sec. 8021, Pub. L. 108-87, and 42 U.S.C. 9815.


0
2. In Sec.  124.3 amend the definition for ``primary industry 
classification'' by removing the word ``two-year'' and adding in its 
place the word ``three-year'' in the 4th sentence.

0
3. Amend Sec.  124.110(e) by revising the third sentence to read as 
follows:


Sec.  124.110  Do Native Hawaiian Organizations have any special rules 
for applying to the 8(a) BD program?

* * * * *
    (e) * * * In addition, once an applicant is admitted to the 8(a) BD 
program, it may not receive an 8(a) sole source contract that is a 
follow-on contract to an 8(a) contract that was performed immediately 
previously by another Participant (or former Participant) owned by the 
same Native Hawaiian Organization. * * *
* * * * *

0
4. Amend Sec.  124.111(d) to read as follows:


Sec.  124.111  Do Community Development Corporations (CDCs) have any 
special rules for applying to the 8(a) BD program?

* * * * *
    (d) * * * In addition, once an applicant is admitted to the 8(a) BD 
program, it may not receive an 8(a) sole source contract that is a 
follow-on contract to an 8(a) contract that was performed immediately 
previously by another Participant (or former Participant) owned by the 
same CDC. * * *
* * * * *

0
5. Amend Sec.  124.112 as follows:
0
a. Amend paragraph (b)(6) by removing the word ``contacts'' and adding 
the word ``contracts'' in its place.
0
b. Amend the second sentence in paragraph (d)(1) by removing the word 
``though'' and adding the word ``through'' in its place.

[[Page 28238]]


0
6. Amend Sec.  124.513(c)(4) by adding the word ``populated'' before 
the word ``separate.''

0
7. Amend Sec.  124.519 by adding paragraphs (a)(1), (a)(2), and (a)(3) 
to read as follows:


Sec.  124.519  Are there any dollar limits on the amount of 8(a) 
contracts that a Participant may receive?

    (a) * * *
    (1) For a firm having a receipts-based primary NAICS code at time 
of program entry, the limit above which it can no longer receive sole 
source 8(a) contracts is five times the size standard corresponding to 
its primary NAICS code which is determined as of the date of SBA's 
acceptance of the requirement for the 8(a) BD program or $100,000,000, 
whichever is less.
    (2) For a firm having an employee-based primary NAICS code at time 
of program entry, the limit above which it can no longer receive sole 
source 8(a) contracts is $100,000,000.
    (3) SBA will not consider 8(a) contracts awarded under $100,000 in 
determining whether a Participant has reached the limit identified in 
paragraphs (a)(1) and (a)(2) of this section.
* * * * *

0
8. Amend Sec.  124.520 by revising paragraph (c)(3) to read as follows:


Sec.  124.520  What are the rules governing SBA's Mentor/
Prot[eacute]g[eacute] program?

* * * * *
    (c) * * *
    (3) A prot[eacute]g[eacute] firm may generally have only one mentor 
at a time. The AA/BD may approve a second mentor for a particular 
prot[eacute]g[eacute] firm where the second relationship will not 
compete or otherwise conflict with the business development assistance 
set forth in the first mentor/prot[eacute]g[eacute] relationship and 
either:
    (i) The second relationship pertains to a, secondary NAICS code; or
    (ii) The prot[eacute]g[eacute] firm is seeking to acquire a 
specific expertise that the first mentor does not possess.
* * * * *

    Dated: May 4, 2012.
A. John Shoraka,
Associate Administrator for Government Contracting and Business 
Development.
[FR Doc. 2012-11508 Filed 5-11-12; 8:45 am]
BILLING CODE 8025-01-P

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