Petition for Inclusion of the Arab-American Community in the Groups Eligible for MBDA Services, 31765-31767 [2012-12968]
Download as PDF
<![CDATA[
Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules
707 Alert Service Bulletin A3537, dated
January 30, 2012.
Note 1 to paragraph (g) of this AD: Boeing
707 Alert Service Bulletin A3537, dated
January 30, 2012, refers to Boeing 707/720
Service Bulletin 3183, Revision 5, dated
September 16, 1993, as an additional source
of guidance for high frequency eddy current
inspections of the midspar fittings of the
engine number 2 and 3 nacelle struts for
cracks.
srobinson on DSK4SPTVN1PROD with PROPOSALS
(h) High Frequency Eddy Current Inspection
(HFEC)
At the applicable times specified in
paragraph 1.E., ‘‘Compliance,’’ of Boeing 707
Alert Service Bulletin A3537, dated January
30, 2012, except as provided in paragraph (j)
of this AD: Do an HFEC inspection of the
midspar fittings of the engine number 2 and
3 nacelle struts for cracks, in accordance with
the Accomplishment Instructions of Boeing
707 Alert Service Bulletin A3537, dated
January 30, 2012, except as provided by
paragraph (k) of this AD. If any crack is
found, before further flight, repair using a
method approved in accordance with the
procedures specified in paragraph (m) of this
AD. Thereafter, repeat the inspection at the
applicable intervals specified in paragraph
1.E., ‘‘Compliance,’’ of Boeing 707 Alert
Service Bulletin A3537, dated January 30,
2012.
(i) General Visual Inspection of the Nacelle
Struts of Engine Numbers 1, 2, 3, and 4
At the applicable times in paragraph 1.E.,
‘‘Compliance,’’ of Boeing 707 Alert Service
Bulletin A3537, dated January 30, 2012,
except as provided in paragraph (j) of this
AD: Do a general visual inspection of the
nacelle struts of engine numbers 1, 2, 3, and
4 to verify that the nacelle strut has not
drooped below its normal position, in
accordance with the Accomplishment
Instructions of Boeing 707 Alert Service
Bulletin A3537, dated January 30, 2012.
Thereafter, repeat the inspection at the
applicable intervals specified in paragraph
1.E., ‘‘Compliance,’’ of Boeing 707 Alert
Service Bulletin A3537, dated January 30,
2012.
(1) If any nacelle strut has drooped below
its normal position: Before further flight,
repair using a method approved in
accordance with the procedures specified in
paragraph (m) of this AD.
(2) If any nacelle strut has not drooped
below its normal position, and no droop
stripe has been applied, as specified in
Boeing 707/720 Service Bulletin 3377, dated
November 21, 1979: At the applicable times
in paragraph 1.E., ‘‘Compliance,’’ of Boeing
707 Alert Service Bulletin A3537, dated
January 30, 2012, except as provided in
paragraph (j) of this AD: Apply the droop
stripe to the nacelle strut and sailboat fairing,
on each side of the engine numbers 1, 2, 3,
and 4 nacelle struts, in accordance with the
Accomplishment Instructions of Boeing 707
Alert Service Bulletin A3537, dated January
30, 2012.
(j) Exception to the Compliance Time
Where Boeing 707 Alert Service Bulletin
A3537, dated January 30, 2012, specifies a
VerDate Mar<15>2010
16:32 May 29, 2012
Jkt 226001
31765
compliance time based on ‘‘the original issue
date of this service bulletin,’’ this AD
requires compliance within the specified
compliance time after the effective date of
this AD.
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221.
(k) Exception to the Service Information
Where Boeing 707 Alert Service Bulletin
A3537, dated January 30, 2012, refers to
‘‘Manual 707, 720 NDT Part 6, 51–00–00
Figure 24 as an accepted procedure’’ for the
HFEC inspection, this AD requires that the
inspection must be done in accordance with
Subject 51–00–00 Figure 24, Steel Part
Surface Inspection (Impedance Plane
Display), of Part 6, Eddy Current, of the
Boeing 707, 720 Nondestructive Test Manual,
Document D6–48023, Revision 120, dated
March 15, 2012.
Issued in Renton, Washington, on May 21,
2012.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
(l) Credit for Previous Actions
This paragraph provides credit for the
installation of the engine droop lines
required by paragraph (i) of this AD, if those
actions were performed before the effective
date of this AD using Boeing 707/720 Service
Bulletin 3377, dated November 21, 1979.
(m) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle Aircraft
Certification Office (ACO), ANM–120S, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the manager of the ACO, send it
to the attention of the person identified in the
Related Information section of this AD.
Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD if it is approved by the
Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Seattle
ACO, ANM–120S to make those findings. For
a repair method to be approved, the repair
must meet the certification basis of the
airplane, and the approval must specifically
refer to this AD.
[FR Doc. 2012–13039 Filed 5–29–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Minority Business Development
Agency
15 CFR Part 1400
[Docket No. 120517080–2080–01]
Petition for Inclusion of the ArabAmerican Community in the Groups
Eligible for MBDA Services
Minority Business
Development Agency, Commerce.
ACTION: Notice of proposed rulemaking
and request for comments.
AGENCY:
The Minority Business
Development Agency (MBDA) publishes
this notice regarding the petition
received on January 11, 2012 from the
American-Arab Anti-Discrimination
Committee (ADC) requesting formal
designation of Arab-Americans as a
minority group that is socially or
economically disadvantaged pursuant to
15 CFR art 1400. The formal designation
of the Arab-American community as a
group that is socially or economically
disadvantaged would allow the
members of this community to receive
assistance from MBDA funded
programs, such as the MBDA Business
Center program. The ADC filed a
petition, pursuant to 15 CFR part
1400.3, including information
specifically related to social and
economic discrimination against ArabAmericans. This Notice provides public
(n) Related Information
notice that the United States
Department of Commerce (Department)
(1) For more information about this AD,
contact Berhane Alazar, Aerospace Engineer,
will consider the petition and requests
Airframe Branch, ANM–120S, FAA, Seattle
public comment on the propriety of this
Aircraft Certification Office, 1601 Lind
designation. MBDA will make a
Avenue SW., Renton, WA 98057–3356;
decision on the application no later than
phone: (425) 917–6577; fax: (425) 917–6590;
June 27, 2012.
email: Berhane.Alazar@faa.gov.
DATES: Comments must be received by
(2) For service information identified in
this AD, contact Boeing Commercial
MBDA no later than June 29, 2012.
Airplanes, Attention: Data & Services
ADDRESSES: You may submit comments,
Management, P.O. Box 3707, MC 2H–65,
identified with Docket No. 120517080–
Seattle, Washington 98124–2207; telephone
2080–01, using any of the following
206–544–5000, extension 1; fax 206–766–
5680; email me.boecom@boeing.com; Internet methods:
• Mail, Hand/Delivery/Courier: Ms.
https://www.myboeingfleet.com. You may
review copies of the referenced service
Josephine Arnold, Chief Counsel,
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
SUMMARY:
E:\FR\FM\30MYP1.SGM
30MYP1
31766
Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules
Minority Business Development
Agency, Department of Commerce, 1401
Constitution Avenue NW., Room 5093,
Washington, DC 20230.
• Electronic mail: Submit comments
in Microsoft Word or .pdf format to
AAComments@mbda.gov.
All comments will be posted on the
MBDA Web site at https://
www.mbda.gov. If you wish to submit
confidential business information,
please submit the comments to the
attention of Josephine Arnold and
highlight the information that you
consider to be CBI and explain why you
believe this information should be held
confidential. MBDA will make a final
determination as to whether the
comments will be published or not.
FOR FURTHER INFORMATION CONTACT:
Robert Cobbs, Minority Business
Development Agency, 1401 Constitution
Avenue NW., Room 5053, Washington,
DC 20230. Mr. Cobbs may be reached by
telephone at (202) 482–2332 and by
email at rcobbs@mbda.gov.
SUPPLEMENTARY INFORMATION:
srobinson on DSK4SPTVN1PROD with PROPOSALS
I. Background
The MBDA, pursuant to Executive
Order 11625, funds business centers
that provide business development
services to business concerns owned
and controlled by individuals who are
members of groups determined by the
Department to be socially or
economically disadvantaged. Based on
the current definitions, the groups
considered ‘‘socially and economically
disadvantaged,’’ listed in Executive
Order 11625, are ‘‘Black, Puerto-Ricans,
Spanish-speaking Americans, American
Indians, Eskimos, and Aleuts.’’ 1 In
addition, Hasidic Jews, Asian Pacific
Americans and Asian Indians have been
included in the list of the groups who
are socially or economically
disadvantaged and thus eligible for
assistance from the MBDA in 15 CFR
part 1400.1(c).
The Department is considering the
petition of the ADC requesting the
addition of Arab-Americans to the list of
persons considered ‘‘socially and
economically disadvantaged’’ pursuant
to E.O. 11625 and 15 CFR part 1400. An
Arab-American may be defined as an
American who traces his or her ethnic
roots to one of the countries in the Arab
World, including Algeria, Bahrain,
Djoubti, Egypt, Iraq, Jordan, Kuwait,
Lebanon, Libya, Mauritania, Morocco,
Oman, Qatar, Somalia, Saudi Arabia,
Sudan, Syria, Tunisia, United Arab
Emirates, and Yemen. According to the
1 Exec. Order No. 11625, 3 CFR part 616 (1971–
1975).
VerDate Mar<15>2010
16:32 May 29, 2012
Jkt 226001
petition, Palestinians also fall under this
category. The ADC petition describes
the social and economic conditions that
Arab-Americans have faced allegedly
amounting to discrimination and
prejudice in American society and
resulting in conditions under which
Arab-American individuals have been
unable to compete in a business world.2
The petition provides details of the
social and economic discrimination
faced by Arab-Americans. A summary of
those details from the ADC petition are
presented below in Section II.
II. Social and Economic Discrimination
Against Arab-Americans
A. Social Discrimination
According to the Petition, ArabAmericans are subject to many
prejudices as a result of their distinct
cultural and ethnic characteristics.
While many of those who consider
themselves Arabs are Muslim, the ArabAmerican Institute states that most
Arab-Americans are Christian.3 Most
Arab-Americans speak Arabic, a
language that has become one of the
defining characteristics of the group.4
Further, Arab-Americans are known for
their different food dishes (tabouli,
kibbah, and kabshah) and their unique
music tradition that includes the use of
percussion instruments not normally
found in American culture.5 These are
just a number of ways in which ArabAmerican culture differs from American
culture and the distinctions that have
resulted in the prejudices aimed
towards the group.
The petition states that ArabAmericans have faced discrimination
since the late 1800s, similar to most
other minority groups.6 They were
treated the same way as many other
minority groups in the United States
and had specific derogatory names
directed towards them.7 While this
discrimination initially did not hinder
their ability to obtain American
citizenship, the situation changed in
1910 when the U.S. Census Bureau
classified Syrian and Palestinian Arabs
as ‘‘Asiatics.’’ 8 The Bureau of
Immigration and Naturalization, which
initially considered Syrians and
Palestinians as ‘‘Caucasians,’’
subsequently issued a nationwide
directive ordering the rejection of
citizenship petitions for persons who
were not ‘‘free white persons’’ or of
‘‘African nativity.’’ 9 Some courts
declared that Syrians could be
considered ‘‘white’’ while other courts
ruled that they were not ‘‘free white
persons.’’ 10 For example, after World
War I, the government passed the Quota
Act that limited the annual quota of
nationality to 3 percent of the foreignborn persons from that country.11
According to the ADC petition, even
though the policy was facially race
neutral, the implications for ArabAmericans, was dire.12 The ADC
petition notes that Arab immigrants
were denied citizenship, except 100
persons annually, under the Quota Act
which is widely viewed as an attempt
to limit immigration from Arab
countries.13 While the policy was
negated by the Immigration Bill in 1965,
the ADC petition asserts that ArabAmericans continue to face
discrimination in public and private
employment, housing, government
contracts and government benefits.14
The ADC petition mentions a number
of court cases that highlight
discrimination against Arab Americans
on the sole basis of their ethnic
background, including a case where
three elevator employees were awarded
$30,000 in damages as a result of the
years of harassment they endured.15
This level of discrimination increased
drastically after the September 11
attacks.16 According to the petition,
while the attacks were carried out by a
small group of extremists, the entire
Arab-American community suffered
from the prejudices other American
citizens formed.17
The Petition notes that following
September 11, 2001, the FBI and other
institutions reported a substantial
increase in reports of discrimination
and harassment against Arab-Americans
(the FBI reported a 1600 percent
increase).18 According to the ADC
petition, these reports were exacerbated
by government-implemented policies
that inherently targeted ArabAmericans. The ADC petition asserts
that, in the government’s efforts to
protect Americans, they essentially took
away the rights of other Americans and
provides the following as examples of
9 Pet.
at 10.
at 10–11.
11 Pet. at 13.
12 Pet. at 13.
13 Pet. at 13.
14 Pet. at 14–15.
15 Zaytoun v. Embassy Row Hotel, Inc., No. 6744–
83 (D.C. Super. Ct. June 21, 1985).
16 Pet. at 17.
17 Pet. at 17.
18 Pet. at 18.
10 Pet.
2 American-Arab Anti-Discrimination Committee
(ADC) Petition (filed, January 11, 2012) (ADC
Petition or Pet.).
3 Pet. at 4.
4 Pet. at 4.
5 Pet. at 5.
6 Pet. at 8.
7 Pet. at 9.
8 Pet. at 10.
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
E:\FR\FM\30MYP1.SGM
30MYP1
Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules
such government-sponsored programs:
The National Security Entry Exit
Registration System NSEERS, which
required non-immigrants to register at
ports of entry and targeted males from
Arab nations; stricter travel guidelines;
and ‘‘no-fly’’ lists which predominantly
contained the names of ArabAmericans. According to the Petition,
these restrictions hindered the ArabAmerican community’s freedom and as
a result, their ability to contribute to a
healthy American economy.19
srobinson on DSK4SPTVN1PROD with PROPOSALS
B. Economic Discrimination
According to the ADC Petition, ArabAmericans also face economic
discrimination as employees and
business owners. Citing instances where
employees are continuously harassed
because of their ethnicity and are
subject to constant name-calling and
racial profiling, the petition asserts that
Arab-Americans either have to
constantly deal with discrimination
enforced by their employers, their
fellow employees or customers that
frequent their places of employment.20
The petition also notes that ArabAmericans have fewer job opportunities,
a situation that has been exacerbated by
the September 11 attacks and asserts
that this fact is supported by a number
of studies that highlight employment
discrimination against Arab Americans
as well as the high number of
complaints the ADC receives yearly
despite the time that has passed since
9/11.21
According to the ADC Petition, the
discrimination that Arab-American
employees face has decreased their
earnings.22 One study showed that the
earning potential of Arab American men
dropped considerably between 2000 and
2002 as compared to U.S.-born nonHispanic white men.23 Their ability to
positively contribute to the economy
has also been significantly altered as a
result of the increased instances of
government-sponsored inspections of
workplaces that may have hired
individuals with suspected terrorist
ties.24
Arab-American business owners and
entrepreneurs also face economic
discrimination. Individuals from the
Arab-American community are unable
19 Pet.
at 18–21.
20 Pet. at 21.
21 Pet. at 21–25.
22 Id. at 23, citing American-Arab AntiDiscrimination Committee (ADC), 2010 Legal
Department: Legal and Policy Review, p. 1.
23 Pet. at 26, citing Alberto Davila and Marie
Mora, Changes in Earnings of Arab Men in the U.S.,
Journal of Population Economics, 2005, vol. 18,
issue 4, p. 588.
24 Pet. at 25–27.
VerDate Mar<15>2010
16:32 May 29, 2012
Jkt 226001
to earn up to their potential as
compared to their non-Hispanic white
counterparts in similar industries. The
Petition notes that while many ArabAmericans are educated and would
contribute tremendously to the U.S.
economy if they were able to enter into
the market, they are held back because
of their ethnic background. Also, many
times Arab-Americans are confined
solely to the small Arab-American
communities in which they live because
they face harassment if they attempt to
expand their business. The Petition
further asserts that Arab Americans
receive few prime government contracts,
as exemplified by a case study
conducted in San Francisco between
1992 and 1995.25 During that time
period, Arab-Americans received no
construction contracts despite
representing a significant amount of the
available professional service firms.
This can be compared to LatinoAmericans, a group already included in
the definition of ‘‘minority business
enterprise,’’ who only received 1
percent of professional service dollars
despite representing 6 percent of the
professional service firms.26
III. Objectives and Scope
By categorizing Arab-Americans as
‘‘socially and economically
disadvantaged business concerns’’
under 15 CFR part 1400, the same the
benefits granted to other socially and
economically disadvantaged persons
specified under Part 1400 will be
available to Arab-American persons and
businesses. Specifically, under 15 CFR
part 1400, Arab-Americans will be
eligible to qualify for MBDA programs
and opportunities that help minority
businesses overcome discrimination and
prejudice as business owners.27
The comments received will be
reviewed for applicability to the issues
to be addressed. MBDA will consider
only those comments that address the
relevance of including Arab-Americans
in the definition of those who are
‘‘socially and economically
disadvantaged.’’ Commenters should
address the following issues in the
context of the requirements of the
applicable regulations.28 If any
comments received meet the criterion,
they will be included in the final
decision.
25 Pet.
at 29.
at 29–31.
27 Pursuant to 15 CFR 1400.1, the designation for
eligibility under Executive Order 11625 will not
establish eligibility for any other Federal or
Federally-funded program.
28 See 15 CFR 1400.4.
26 Pet.
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
31767
MBDA solicits general comments and
comments on the Petition that address
the following specific issues:
A. Societal Discrimination
1. Are there specific instances of
social discrimination against ArabAmericans that occur over a sustained
period of time, which results in
significant social or economic
disadvantage?
2. Are there any additional
characteristics specific to the ArabAmerican community, other than those
described in the ADC Petition, that
invoke societal discrimination?
3. Is there evidence that demonstrates
Arab-Americans have been subject to
employment or educational
discrimination? If so, please describe.
4. Is there evidence that demonstrates
that Arab-Americans have been denied
access to organizations, groups,
professional societies or other types of
business opportunities in comparison to
individuals who are not considered
socially or economically disadvantaged?
B. Economic Discrimination
1. What evidence exists that
demonstrates Arab-Americans have
faced economic discrimination over a
sustained period of time resulting in
social or economic disadvantage?
2. Please provide any specific
information which demonstrates that
Arab-Americans have experienced
difficulty in obtaining access to capital,
technical, or managerial resources as
compared to individuals who are not
considered socially or economically
disadvantaged.
3. Is there any additional evidence of
denied opportunities for ArabAmericans to access to those things
which would enable them to participate
more successfully in the American
economic system that is readily
available to individuals not considered
to be socially or economically
disadvantaged?
Josephine Arnold,
Chief Counsel, Minority Business
Development Agency.
[FR Doc. 2012–12968 Filed 5–29–12; 8:45 am]
BILLING CODE 3510–21–P
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Part 151
RIN 3038–AD82
Aggregation, Position Limits for
Futures and Swaps
Commodity Futures Trading
Commission.
AGENCY:
E:\FR\FM\30MYP1.SGM
30MYP1
]]>Agencies
[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Proposed Rules]
[Pages 31765-31767]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12968]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Minority Business Development Agency
15 CFR Part 1400
[Docket No. 120517080-2080-01]
Petition for Inclusion of the Arab-American Community in the
Groups Eligible for MBDA Services
AGENCY: Minority Business Development Agency, Commerce.
ACTION: Notice of proposed rulemaking and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Minority Business Development Agency (MBDA) publishes this
notice regarding the petition received on January 11, 2012 from the
American-Arab Anti-Discrimination Committee (ADC) requesting formal
designation of Arab-Americans as a minority group that is socially or
economically disadvantaged pursuant to 15 CFR art 1400. The formal
designation of the Arab-American community as a group that is socially
or economically disadvantaged would allow the members of this community
to receive assistance from MBDA funded programs, such as the MBDA
Business Center program. The ADC filed a petition, pursuant to 15 CFR
part 1400.3, including information specifically related to social and
economic discrimination against Arab-Americans. This Notice provides
public notice that the United States Department of Commerce
(Department) will consider the petition and requests public comment on
the propriety of this designation. MBDA will make a decision on the
application no later than June 27, 2012.
DATES: Comments must be received by MBDA no later than June 29, 2012.
ADDRESSES: You may submit comments, identified with Docket No.
120517080-2080-01, using any of the following methods:
Mail, Hand/Delivery/Courier: Ms. Josephine Arnold, Chief
Counsel,
[[Page 31766]]
Minority Business Development Agency, Department of Commerce, 1401
Constitution Avenue NW., Room 5093, Washington, DC 20230.
Electronic mail: Submit comments in Microsoft Word or .pdf
format to AAComments@mbda.gov.
All comments will be posted on the MBDA Web site at https://www.mbda.gov. If you wish to submit confidential business information,
please submit the comments to the attention of Josephine Arnold and
highlight the information that you consider to be CBI and explain why
you believe this information should be held confidential. MBDA will
make a final determination as to whether the comments will be published
or not.
FOR FURTHER INFORMATION CONTACT: Robert Cobbs, Minority Business
Development Agency, 1401 Constitution Avenue NW., Room 5053,
Washington, DC 20230. Mr. Cobbs may be reached by telephone at (202)
482-2332 and by email at rcobbs@mbda.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The MBDA, pursuant to Executive Order 11625, funds business centers
that provide business development services to business concerns owned
and controlled by individuals who are members of groups determined by
the Department to be socially or economically disadvantaged. Based on
the current definitions, the groups considered ``socially and
economically disadvantaged,'' listed in Executive Order 11625, are
``Black, Puerto-Ricans, Spanish-speaking Americans, American Indians,
Eskimos, and Aleuts.'' \1\ In addition, Hasidic Jews, Asian Pacific
Americans and Asian Indians have been included in the list of the
groups who are socially or economically disadvantaged and thus eligible
for assistance from the MBDA in 15 CFR part 1400.1(c).
---------------------------------------------------------------------------
\1\ Exec. Order No. 11625, 3 CFR part 616 (1971-1975).
---------------------------------------------------------------------------
The Department is considering the petition of the ADC requesting
the addition of Arab-Americans to the list of persons considered
``socially and economically disadvantaged'' pursuant to E.O. 11625 and
15 CFR part 1400. An Arab-American may be defined as an American who
traces his or her ethnic roots to one of the countries in the Arab
World, including Algeria, Bahrain, Djoubti, Egypt, Iraq, Jordan,
Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, Qatar, Somalia,
Saudi Arabia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen.
According to the petition, Palestinians also fall under this category.
The ADC petition describes the social and economic conditions that
Arab-Americans have faced allegedly amounting to discrimination and
prejudice in American society and resulting in conditions under which
Arab-American individuals have been unable to compete in a business
world.\2\ The petition provides details of the social and economic
discrimination faced by Arab-Americans. A summary of those details from
the ADC petition are presented below in Section II.
---------------------------------------------------------------------------
\2\ American-Arab Anti-Discrimination Committee (ADC) Petition
(filed, January 11, 2012) (ADC Petition or Pet.).
---------------------------------------------------------------------------
II. Social and Economic Discrimination Against Arab-Americans
A. Social Discrimination
According to the Petition, Arab-Americans are subject to many
prejudices as a result of their distinct cultural and ethnic
characteristics. While many of those who consider themselves Arabs are
Muslim, the Arab-American Institute states that most Arab-Americans are
Christian.\3\ Most Arab-Americans speak Arabic, a language that has
become one of the defining characteristics of the group.\4\ Further,
Arab-Americans are known for their different food dishes (tabouli,
kibbah, and kabshah) and their unique music tradition that includes the
use of percussion instruments not normally found in American
culture.\5\ These are just a number of ways in which Arab-American
culture differs from American culture and the distinctions that have
resulted in the prejudices aimed towards the group.
---------------------------------------------------------------------------
\3\ Pet. at 4.
\4\ Pet. at 4.
\5\ Pet. at 5.
---------------------------------------------------------------------------
The petition states that Arab-Americans have faced discrimination
since the late 1800s, similar to most other minority groups.\6\ They
were treated the same way as many other minority groups in the United
States and had specific derogatory names directed towards them.\7\
While this discrimination initially did not hinder their ability to
obtain American citizenship, the situation changed in 1910 when the
U.S. Census Bureau classified Syrian and Palestinian Arabs as
``Asiatics.'' \8\ The Bureau of Immigration and Naturalization, which
initially considered Syrians and Palestinians as ``Caucasians,''
subsequently issued a nationwide directive ordering the rejection of
citizenship petitions for persons who were not ``free white persons''
or of ``African nativity.'' \9\ Some courts declared that Syrians could
be considered ``white'' while other courts ruled that they were not
``free white persons.'' \10\ For example, after World War I, the
government passed the Quota Act that limited the annual quota of
nationality to 3 percent of the foreign-born persons from that
country.\11\ According to the ADC petition, even though the policy was
facially race neutral, the implications for Arab-Americans, was
dire.\12\ The ADC petition notes that Arab immigrants were denied
citizenship, except 100 persons annually, under the Quota Act which is
widely viewed as an attempt to limit immigration from Arab
countries.\13\ While the policy was negated by the Immigration Bill in
1965, the ADC petition asserts that Arab-Americans continue to face
discrimination in public and private employment, housing, government
contracts and government benefits.\14\
---------------------------------------------------------------------------
\6\ Pet. at 8.
\7\ Pet. at 9.
\8\ Pet. at 10.
\9\ Pet. at 10.
\10\ Pet. at 10-11.
\11\ Pet. at 13.
\12\ Pet. at 13.
\13\ Pet. at 13.
\14\ Pet. at 14-15.
---------------------------------------------------------------------------
The ADC petition mentions a number of court cases that highlight
discrimination against Arab Americans on the sole basis of their ethnic
background, including a case where three elevator employees were
awarded $30,000 in damages as a result of the years of harassment they
endured.\15\ This level of discrimination increased drastically after
the September 11 attacks.\16\ According to the petition, while the
attacks were carried out by a small group of extremists, the entire
Arab-American community suffered from the prejudices other American
citizens formed.\17\
---------------------------------------------------------------------------
\15\ Zaytoun v. Embassy Row Hotel, Inc., No. 6744-83 (D.C.
Super. Ct. June 21, 1985).
\16\ Pet. at 17.
\17\ Pet. at 17.
---------------------------------------------------------------------------
The Petition notes that following September 11, 2001, the FBI and
other institutions reported a substantial increase in reports of
discrimination and harassment against Arab-Americans (the FBI reported
a 1600 percent increase).\18\ According to the ADC petition, these
reports were exacerbated by government-implemented policies that
inherently targeted Arab-Americans. The ADC petition asserts that, in
the government's efforts to protect Americans, they essentially took
away the rights of other Americans and provides the following as
examples of
[[Page 31767]]
such government-sponsored programs: The National Security Entry Exit
Registration System NSEERS, which required non-immigrants to register
at ports of entry and targeted males from Arab nations; stricter travel
guidelines; and ``no-fly'' lists which predominantly contained the
names of Arab-Americans. According to the Petition, these restrictions
hindered the Arab-American community's freedom and as a result, their
ability to contribute to a healthy American economy.\19\
---------------------------------------------------------------------------
\18\ Pet. at 18.
\19\ Pet. at 18-21.
---------------------------------------------------------------------------
B. Economic Discrimination
According to the ADC Petition, Arab-Americans also face economic
discrimination as employees and business owners. Citing instances where
employees are continuously harassed because of their ethnicity and are
subject to constant name-calling and racial profiling, the petition
asserts that Arab-Americans either have to constantly deal with
discrimination enforced by their employers, their fellow employees or
customers that frequent their places of employment.\20\ The petition
also notes that Arab-Americans have fewer job opportunities, a
situation that has been exacerbated by the September 11 attacks and
asserts that this fact is supported by a number of studies that
highlight employment discrimination against Arab Americans as well as
the high number of complaints the ADC receives yearly despite the time
that has passed since 9/11.\21\
---------------------------------------------------------------------------
\20\ Pet. at 21.
\21\ Pet. at 21-25.
---------------------------------------------------------------------------
According to the ADC Petition, the discrimination that Arab-
American employees face has decreased their earnings.\22\ One study
showed that the earning potential of Arab American men dropped
considerably between 2000 and 2002 as compared to U.S.-born non-
Hispanic white men.\23\ Their ability to positively contribute to the
economy has also been significantly altered as a result of the
increased instances of government-sponsored inspections of workplaces
that may have hired individuals with suspected terrorist ties.\24\
---------------------------------------------------------------------------
\22\ Id. at 23, citing American-Arab Anti-Discrimination
Committee (ADC), 2010 Legal Department: Legal and Policy Review, p.
1.
\23\ Pet. at 26, citing Alberto Davila and Marie Mora, Changes
in Earnings of Arab Men in the U.S., Journal of Population
Economics, 2005, vol. 18, issue 4, p. 588.
\24\ Pet. at 25-27.
---------------------------------------------------------------------------
Arab-American business owners and entrepreneurs also face economic
discrimination. Individuals from the Arab-American community are unable
to earn up to their potential as compared to their non-Hispanic white
counterparts in similar industries. The Petition notes that while many
Arab-Americans are educated and would contribute tremendously to the
U.S. economy if they were able to enter into the market, they are held
back because of their ethnic background. Also, many times Arab-
Americans are confined solely to the small Arab-American communities in
which they live because they face harassment if they attempt to expand
their business. The Petition further asserts that Arab Americans
receive few prime government contracts, as exemplified by a case study
conducted in San Francisco between 1992 and 1995.\25\ During that time
period, Arab-Americans received no construction contracts despite
representing a significant amount of the available professional service
firms. This can be compared to Latino-Americans, a group already
included in the definition of ``minority business enterprise,'' who
only received 1 percent of professional service dollars despite
representing 6 percent of the professional service firms.\26\
---------------------------------------------------------------------------
\25\ Pet. at 29.
\26\ Pet. at 29-31.
---------------------------------------------------------------------------
III. Objectives and Scope
By categorizing Arab-Americans as ``socially and economically
disadvantaged business concerns'' under 15 CFR part 1400, the same the
benefits granted to other socially and economically disadvantaged
persons specified under Part 1400 will be available to Arab-American
persons and businesses. Specifically, under 15 CFR part 1400, Arab-
Americans will be eligible to qualify for MBDA programs and
opportunities that help minority businesses overcome discrimination and
prejudice as business owners.\27\
---------------------------------------------------------------------------
\27\ Pursuant to 15 CFR 1400.1, the designation for eligibility
under Executive Order 11625 will not establish eligibility for any
other Federal or Federally-funded program.
---------------------------------------------------------------------------
The comments received will be reviewed for applicability to the
issues to be addressed. MBDA will consider only those comments that
address the relevance of including Arab-Americans in the definition of
those who are ``socially and economically disadvantaged.'' Commenters
should address the following issues in the context of the requirements
of the applicable regulations.\28\ If any comments received meet the
criterion, they will be included in the final decision.
---------------------------------------------------------------------------
\28\ See 15 CFR 1400.4.
---------------------------------------------------------------------------
MBDA solicits general comments and comments on the Petition that
address the following specific issues:
A. Societal Discrimination
1. Are there specific instances of social discrimination against
Arab-Americans that occur over a sustained period of time, which
results in significant social or economic disadvantage?
2. Are there any additional characteristics specific to the Arab-
American community, other than those described in the ADC Petition,
that invoke societal discrimination?
3. Is there evidence that demonstrates Arab-Americans have been
subject to employment or educational discrimination? If so, please
describe.
4. Is there evidence that demonstrates that Arab-Americans have
been denied access to organizations, groups, professional societies or
other types of business opportunities in comparison to individuals who
are not considered socially or economically disadvantaged?
B. Economic Discrimination
1. What evidence exists that demonstrates Arab-Americans have faced
economic discrimination over a sustained period of time resulting in
social or economic disadvantage?
2. Please provide any specific information which demonstrates that
Arab-Americans have experienced difficulty in obtaining access to
capital, technical, or managerial resources as compared to individuals
who are not considered socially or economically disadvantaged.
3. Is there any additional evidence of denied opportunities for
Arab-Americans to access to those things which would enable them to
participate more successfully in the American economic system that is
readily available to individuals not considered to be socially or
economically disadvantaged?
Josephine Arnold,
Chief Counsel, Minority Business Development Agency.
[FR Doc. 2012-12968 Filed 5-29-12; 8:45 am]
BILLING CODE 3510-21-P
