Small Business Size Standards, 32635-32636 [2016-12260]
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Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations
amendments, the new CMP maximum is
$989.
PART 622—RULES OF PRACTICE AND
PROCEDURE
ACTION:
3. New Penalty Amounts for Flood
Insurance Violations Under § 622.61(b)
■
1. The authority citation for part 622
continues to read as follows:
SUMMARY:
The existing maximum CMP for a
pattern or practice of flood insurance
violations pursuant to 42 U.S.C.
4012a(f)(5) is $2,000. Multiplying
$2,000 by the 2012 OMB multiplier,
1.02819, yields a total of $2,056.38.
When that number is rounded as
required by section 5(a) of the 1990 Act,
as amended, the new maximum
assessment of the CMP for violating 42
U.S.C. 4012a(f)(5) is $2,056. The CMP in
effect on November 2, 2015 was $2,000.
Increasing the 2015 CMP of $2,000 by
150 percent yields $5,000. Since the
new CMP maximum calculated with the
OMB multiplier is lower than the 150percent maximum increase established
by the 2015 Act amendments, the new
CMP maximum is $2,056.
Authority: Secs. 5.9, 5.10, 5.17, 5.25–5.37
of the Farm Credit Act (12 U.S.C. 2243, 2244,
2252, 2261–2273); 28 U.S.C. 2461 note; and
42 U.S.C. 4012a(f).
IV. Notice and Comment Not Required
by Administrative Procedure Act
The 1990 Act, as amended, gives
Federal agencies no discretion in the
adjustment of CMPs for the rate of
inflation. Further, these revisions are
ministerial, technical, and
noncontroversial. For these reasons, the
FCA finds good cause to determine that
public notice and an opportunity to
comment are impracticable,
unnecessary, and contrary to the public
interest pursuant to the Administrative
Procedure Act, 5 U.S.C. 553(b)(B), and
adopts this rule in final form.
V. Regulatory Flexibility Act
Pursuant to section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.), the FCA hereby certifies that
this final rule will not have a significant
economic impact on a substantial
number of small entities. Each of the
banks in the System, considered
together with its affiliated associations,
has assets and annual income in excess
of the amounts that would qualify them
as small entities. Therefore, System
institutions are not ‘‘small entities’’ as
defined in the Regulatory Flexibility
Act.
List of Subjects in 12 CFR Part 622
mstockstill on DSK3G9T082PROD with RULES
32635
Jkt 238001
§ 622.61 Adjustment of civil money
penalties by the rate of inflation under the
Federal Civil Penalties Inflation Adjustment
Act of 1990, as amended.
(a) The maximum amount of each
civil money penalty within FCA’s
jurisdiction is adjusted in accordance
with the Federal Civil Penalties
Inflation Adjustment Act of 1990, as
amended (28 U.S.C. 2461 note), as
follows:
(1) Amount of civil money penalty
imposed under section 5.32 of the Act
for violation of a final order issued
under section 5.25 or 5.26 of the Act:
The maximum daily amount is $2,188
for violations that occur on or after
August 1, 2016.
(2) Amount of civil money penalty for
violation of the Act or regulations: The
maximum daily amount is $989 for each
violation that occurs on or after August
1, 2016.
(b) The maximum civil money penalty
amount assessed under 42 U.S.C.
4012a(f) is: $385 for each violation that
occurs on or after January 16, 2009, but
before July 1, 2013, with total penalties
under such statute not to exceed
$120,000 for any single institution
during any calendar year; $2,000 for
each violation that occurs on or after
July 1, 2013, but before August 1, 2016,
with no cap on the total amount of
penalties that can be assessed against
any single institution during any
calendar year; and $2,056 for each
violation that occurs on or after August
1, 2016, with no cap on the total amount
of penalties that can be assessed against
any single institution during any
calendar year.
Dated: May 16, 2016.
Dale L. Aultman,
Secretary, Farm Credit Administration Board.
[FR Doc. 2016–11862 Filed 5–23–16; 8:45 am]
[Docket No. SBA–2016–0004]
Small Business Size Standards
U.S. Small Business
Administration.
AGENCY:
PO 00000
Frm 00019
Fmt 4700
The Small Business
Administration (SBA) hereby gives
notice of its intended application and
interpretation of the interaffiliate
transactions exclusion from annual
receipts set forth in its Small Business
Size Regulations. Effective at the
issuance of this notice, SBA will apply
the exclusion to properly documented
transactions between a concern and its
domestic or foreign affiliates, regardless
of the type of relationship that resulted
in the finding of affiliation.
DATES:
Effective Date: This Policy Statement
is effective May 24, 2016.
Comment Date: Comments must be
received on or before July 25, 2016.
ADDRESSES: You may submit comments,
identified by Docket No. SBA–2016–
0004 by any of the following methods:
• Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail or Hand Delivery/Courier:
Brenda Fernandez, U.S. Small Business
Administration, Office of Government
Contracting, 409 3rd Street SW., 8th
Floor, Washington, DC 20416.
SBA will post all comments on https://
www.Regulations.gov. If you wish to
submit confidential business
information (CBI) as defined in the User
Notice at https://www.Regulations.gov,
please submit the information to Brenda
Fernandez, U.S. Small Business
Administration, Office of Government
Contracting, 409 3rd Street SW., 8th
Floor, Washington, DC 20416, and
highlight the information that you
consider to be CBI and explain why you
believe this information should be held
confidential. SBA will review the
information and make a final
determination of whether the
information will be published or not.
FOR FURTHER INFORMATION CONTACT:
Brenda Fernandez, U.S. Small Business
Administration, Office of Government
Contracting, 409 3rd Street SW., 8th
Floor, Washington, DC 20416; (202)
205–7337; brenda.fernandez@sba.gov.
SUPPLEMENTARY INFORMATION:
Background
BILLING CODE 6705–01–P
13 CFR Part 121
For the reasons stated in the
preamble, part 622 of chapter VI, title 12
of the Code of Federal Regulations is
amended to read as follows:
17:11 May 23, 2016
2. Revise § 622.61 to read as follows:
SMALL BUSINESS ADMINISTRATION
Administrative practice and
procedure, Crime, Investigations,
Penalties.
VerDate Sep<11>2014
■
Statement of General Policy,
SBA Size Policy Statement No. 3.
Sfmt 4700
Under 13 CFR 121.104(d), the average
annual receipts size of a business
concern with affiliates is calculated by
adding the average annual receipts of
the business concern with the average
annual receipts of each affiliate.
However, in adding the receipts of a
concern with its affiliate, SBA excludes
‘‘proceeds from transactions between a
concern and its domestic or foreign
E:\FR\FM\24MYR1.SGM
24MYR1
mstockstill on DSK3G9T082PROD with RULES
32636
Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations
affiliates,’’ under 13 CFR 121.104(a).
These transactions are commonly
referred to as interaffiliate transactions.
The intent of this exclusion is to avoid
counting the same receipts twice when
determining the size of a particular
concern. This Statement of Policy
explains how SBA will apply the
exclusion.
Recent SBA size determinations and
decisions of the Office of Hearings and
Appeals have limited the exclusion by
applying it only to transactions between
affiliates that are eligible to file a
consolidated tax return. This
interpretation has been supported by
reference to a parenthetical that was
included with section 121.104(a) from
1996 to 2004, providing that the
exclusion would apply to interaffiliate
amounts ‘‘(if also excluded from gross or
total income on a consolidated return
filed with the IRS). . . .’’ 13 CFR
121.104(a)(1) (1996); 61 FR 3280 (Jan.
31, 1996). While this parenthetical was
in place, SBA excluded only those
interaffiliate transactions that were also
excluded from consolidated tax returns
filed by a concern and its affiliate. This
policy necessarily required that the
transaction occur between two firms
that filed consolidated returns.
SBA deleted the parenthetical in
2004. In the preamble to the final rule
issued May 21, 2004, SBA stated that it
was deleting the parenthetical because
‘‘[w]hether a consolidated return is filed
should have no bearing on whether
properly documented interaffiliate
transactions are excluded from annual
receipts.’’ 69 FR 29192, 29196 (May 21,
2004). Thus, since May 2004, the
regulation has provided for an exclusion
from receipts for ‘‘proceeds from
transactions between a concern and its
domestic or foreign affiliates.’’ 13 CFR
121.104(a). The regulation does not
include a limitation on the types of
affiliates for which interaffiliate
transactions can be excluded, and in no
way ties the exclusion to a concern’s
ability to file a consolidated tax return
with the identified affiliate.
SBA believes that the current
regulatory language is clear on its face.
It specifically excludes all proceeds
from transactions between a concern
and its affiliates, without limitation.
Moreover, the regulatory history
supports the position that the exclusion
for interaffiliate transactions is available
regardless of the manner of affiliation
between a concern and its affiliate. SBA
recognized that excluding interaffiliate
transactions only when they are
identified on a consolidated tax return
often perpetuated the double-counting
of receipts. By saying that ‘‘[w]hether a
consolidated return is filed should have
VerDate Sep<11>2014
17:11 May 23, 2016
Jkt 238001
no bearing on whether properly
documented interaffiliate transactions
are excluded from annual receipts,’’
SBA did not mean to imply that a
concern and its affiliate must be able to
file a consolidated tax return in order to
receive the exclusion from doublecounting interaffiliate transactions.
Conversely, SBA was attempting to
make clear that it did not support the
practice of double-counting receipts
between affiliates generally.
Because the regulatory text does not
contain a restriction, a regulatory
change is not necessary. SBA will
consider comments submitted regarding
this policy.
Statement of Policy
SBA will not restrict the exclusion for
interaffiliate transactions to transactions
between a concern and a firm with
which it could file a consolidated tax
return. The exclusion for interaffiliate
transactions may be applied to
interaffiliate transactions between a
concern and a firm with which it is
affiliated under the principles in 13 CFR
121.103. Where SBA is conducting a
size determination, SBA requires that
exclusions claimed under section
121.104(a) be specifically identified by
the concern whose size is at issue and
be properly documented. This policy is
effective immediately.
International Airport (EWR) as a Level
2 schedule-facilitated airport.
DATES: May 24, 2016.
FOR FURTHER INFORMATION CONTACT: For
technical questions concerning this
action, contact Susan Pfingstler, System
Operations Services, Air Traffic
Organization, Federal Aviation
Administration, 600 Independence
Avenue SW., Washington, DC 20591;
telephone (202) 267–6462; email
susan.pfingstler@faa.gov.
SUPPLEMENTARY INFORMATION: On April
6, 2016, the FAA published the ‘‘Change
of Newark Liberty International Airport
(EWR) Designation’’ document in order
to redesignate Newark Liberty
International Airport as a Level 2
schedule-facilitated airport under the
International Air Transport Association
Worldwide Slot Guidelines effective for
the winter 2016 scheduling season,
which begins on October 30, 2016.1
On April 5, 2016, the FAA posted a
copy of a draft of Env Rev Attach A in
the docket associated with the April 6,
2016 document. The FAA has corrected
this action by posting the final CATEX
documents (the signed CATEX
declaration and final Attachment A:
Environmental Review of Proposed
Change of Operating Authorization
Requirement at Newark Liberty
International Airport) to the docket.
Dated: May 18, 2016.
Maria Contreras-Sweet,
Administrator.
Issued in Washington, DC, on May 18,
2016.
Lorelei Peter,
Assistant Chief Counsel for Regulations.
[FR Doc. 2016–12260 Filed 5–23–16; 8:45 am]
[FR Doc. 2016–12252 Filed 5–23–16; 8:45 am]
BILLING CODE 8025–01–P
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Federal Aviation Administration
14 CFR Part 93
14 CFR Part 93
[Docket No. FAA–2008–0221]
[Docket No. FAA–2007–29320]
Change of Newark Liberty International
Airport (EWR) Designation;
Notification of Availability of Final
CATEX Declaration and Supporting
Material
Operating Limitations at John F.
Kennedy International Airport
Federal Aviation
Administration (FAA), DOT.
ACTION: Notification of availability.
AGENCY:
This action announces the
placement in the docket of the final
documented categorical exclusion (the
signed CATEX declaration and final
Attachment A: Environmental Review of
Proposed Change of Operating
Authorization Requirement at Newark
Liberty International Airport) for the
redesignation of Newark Liberty
SUMMARY:
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
Federal Aviation
Administration (FAA), DOT.
ACTION: Extension to Order.
AGENCY:
This action extends the Order
Limiting Operations at John F. Kennedy
International Airport (JFK) published on
January 18, 2008, and most recently
extended March 26, 2014. The Order
remains effective until October 27, 2018.
DATES: This action is effective on May
24, 2016.
ADDRESSES: Requests may be submitted
by mail to Slot Administration Office,
SUMMARY:
1 81
FR 19861.
E:\FR\FM\24MYR1.SGM
24MYR1
Agencies
[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)]
[Rules and Regulations]
[Pages 32635-32636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12260]
=======================================================================
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
13 CFR Part 121
[Docket No. SBA-2016-0004]
Small Business Size Standards
AGENCY: U.S. Small Business Administration.
ACTION: Statement of General Policy, SBA Size Policy Statement No. 3.
-----------------------------------------------------------------------
SUMMARY: The Small Business Administration (SBA) hereby gives notice of
its intended application and interpretation of the interaffiliate
transactions exclusion from annual receipts set forth in its Small
Business Size Regulations. Effective at the issuance of this notice,
SBA will apply the exclusion to properly documented transactions
between a concern and its domestic or foreign affiliates, regardless of
the type of relationship that resulted in the finding of affiliation.
DATES:
Effective Date: This Policy Statement is effective May 24, 2016.
Comment Date: Comments must be received on or before July 25, 2016.
ADDRESSES: You may submit comments, identified by Docket No. SBA-2016-
0004 by any of the following methods:
Federal Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail or Hand Delivery/Courier: Brenda Fernandez, U.S.
Small Business Administration, Office of Government Contracting, 409
3rd Street SW., 8th Floor, Washington, DC 20416.
SBA will post all comments on https://www.Regulations.gov. If you
wish to submit confidential business information (CBI) as defined in
the User Notice at https://www.Regulations.gov, please submit the
information to Brenda Fernandez, U.S. Small Business Administration,
Office of Government Contracting, 409 3rd Street SW., 8th Floor,
Washington, DC 20416, and highlight the information that you consider
to be CBI and explain why you believe this information should be held
confidential. SBA will review the information and make a final
determination of whether the information will be published or not.
FOR FURTHER INFORMATION CONTACT: Brenda Fernandez, U.S. Small Business
Administration, Office of Government Contracting, 409 3rd Street SW.,
8th Floor, Washington, DC 20416; (202) 205-7337;
brenda.fernandez@sba.gov.
SUPPLEMENTARY INFORMATION:
Background
Under 13 CFR 121.104(d), the average annual receipts size of a
business concern with affiliates is calculated by adding the average
annual receipts of the business concern with the average annual
receipts of each affiliate. However, in adding the receipts of a
concern with its affiliate, SBA excludes ``proceeds from transactions
between a concern and its domestic or foreign
[[Page 32636]]
affiliates,'' under 13 CFR 121.104(a). These transactions are commonly
referred to as interaffiliate transactions. The intent of this
exclusion is to avoid counting the same receipts twice when determining
the size of a particular concern. This Statement of Policy explains how
SBA will apply the exclusion.
Recent SBA size determinations and decisions of the Office of
Hearings and Appeals have limited the exclusion by applying it only to
transactions between affiliates that are eligible to file a
consolidated tax return. This interpretation has been supported by
reference to a parenthetical that was included with section 121.104(a)
from 1996 to 2004, providing that the exclusion would apply to
interaffiliate amounts ``(if also excluded from gross or total income
on a consolidated return filed with the IRS). . . .'' 13 CFR
121.104(a)(1) (1996); 61 FR 3280 (Jan. 31, 1996). While this
parenthetical was in place, SBA excluded only those interaffiliate
transactions that were also excluded from consolidated tax returns
filed by a concern and its affiliate. This policy necessarily required
that the transaction occur between two firms that filed consolidated
returns.
SBA deleted the parenthetical in 2004. In the preamble to the final
rule issued May 21, 2004, SBA stated that it was deleting the
parenthetical because ``[w]hether a consolidated return is filed should
have no bearing on whether properly documented interaffiliate
transactions are excluded from annual receipts.'' 69 FR 29192, 29196
(May 21, 2004). Thus, since May 2004, the regulation has provided for
an exclusion from receipts for ``proceeds from transactions between a
concern and its domestic or foreign affiliates.'' 13 CFR 121.104(a).
The regulation does not include a limitation on the types of affiliates
for which interaffiliate transactions can be excluded, and in no way
ties the exclusion to a concern's ability to file a consolidated tax
return with the identified affiliate.
SBA believes that the current regulatory language is clear on its
face. It specifically excludes all proceeds from transactions between a
concern and its affiliates, without limitation. Moreover, the
regulatory history supports the position that the exclusion for
interaffiliate transactions is available regardless of the manner of
affiliation between a concern and its affiliate. SBA recognized that
excluding interaffiliate transactions only when they are identified on
a consolidated tax return often perpetuated the double-counting of
receipts. By saying that ``[w]hether a consolidated return is filed
should have no bearing on whether properly documented interaffiliate
transactions are excluded from annual receipts,'' SBA did not mean to
imply that a concern and its affiliate must be able to file a
consolidated tax return in order to receive the exclusion from double-
counting interaffiliate transactions. Conversely, SBA was attempting to
make clear that it did not support the practice of double-counting
receipts between affiliates generally.
Because the regulatory text does not contain a restriction, a
regulatory change is not necessary. SBA will consider comments
submitted regarding this policy.
Statement of Policy
SBA will not restrict the exclusion for interaffiliate transactions
to transactions between a concern and a firm with which it could file a
consolidated tax return. The exclusion for interaffiliate transactions
may be applied to interaffiliate transactions between a concern and a
firm with which it is affiliated under the principles in 13 CFR
121.103. Where SBA is conducting a size determination, SBA requires
that exclusions claimed under section 121.104(a) be specifically
identified by the concern whose size is at issue and be properly
documented. This policy is effective immediately.
Dated: May 18, 2016.
Maria Contreras-Sweet,
Administrator.
[FR Doc. 2016-12260 Filed 5-23-16; 8:45 am]
BILLING CODE 8025-01-P