Small Business Mentor Protégé Programs; Correction, 94941-94942 [2016-30873]
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Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations
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(v) Fees for unsuccessful search and
review. The Council may assess fees for
time spent searching and reviewing,
even if it fails to locate the records or
if records located are determined to be
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Federal Financial Institutions Examination
Council.
Judith E. Dupre,
FFIEC Executive Secretary.
[FR Doc. 2016–30696 Filed 12–23–16; 8:45 am]
BILLING CODE 7535–01–P 6714–01–P 6210–01–P 4810–
33–P 4810–AM–P
SMALL BUSINESS ADMINISTRATION
13 CFR Parts 125, 126, and 127
RIN 3245–AG24
´ ´
Small Business Mentor Protege
Programs; 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 July 25,
2016, amending its regulations to
establish a new Government-wide
´ ´
mentor-protege program for all small
business concerns, consistent with
´ ´
SBA’s mentor-protege program for
Participants in SBA’s 8(a) Business
Development (BD) program. The rule
also made several additional changes to
current size, 8(a), Office of Hearings and
Appeals, and HUBZone regulations,
concerning among other things,
ownership and control, changes in
primary industry, economic
disadvantage of a Native Hawaiian
Organization (NHO), standards of
review, and interested party status for
some appeals. This document makes
several technical corrections to that
final rule, eliminating a portion of a
sentence concerning joint venture
profits.
DATES: Effective December 27, 2016.
FOR FURTHER INFORMATION CONTACT:
Michael McLaughlin, Office of Policy,
Planning & Liaison, U.S. Small Business
Administration, 409 Third Street SW.,
Washington, DC 20416; 202–205–5353;
michael.mclaughlin@sba.gov.
SUPPLEMENTARY INFORMATION: The final
rule published on July 25, 2016, at 81
FR 48557, contained errors that must be
corrected in order ensure consistency
within the regulations and to avoid
public uncertainty or confusion.
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
19:06 Dec 23, 2016
Jkt 241001
On October 19, 2016, SBA issued a
correction pertaining to 8(a) joint
venture profits. 81 FR 71981. As SBA
explained, due to the change made to
§ 121.103(h), which eliminated the
ability of a joint venture to be populated
with individuals intended to perform
contracts awarded to the joint venture,
a conforming correction was needed to
§ 124.513(c), which references
populated joint ventures. Specifically,
§ 124.513(c)(4) provided that in the case
of a populated separate legal entity joint
venture, 8(a) Participant(s) must receive
profits from the joint venture
commensurate with their ownership
interests in the joint venture. Because
SBA eliminated populated joint
ventures, that provision was
superfluous and was deleted. SBA’s 8(a)
joint venture rule now states that the
8(a) Participant(s) in a joint venture
must receive profits from the joint
venture commensurate with the work
performed by the 8(a) Participant(s). 13
CFR 124.513(c)(4). This change was
necessary because under the mentor
´ ´
´ ´
protege program, a protege may perform
as little as 40% of the total work
performed by the joint venture in
aggregate. It would not make sense to
require a firm to receive 51% of the
profits for doing only 40% of the work.
The same language that SBA corrected
in the 8(a) regulations is currently in
place for joint ventures under all small
´ ´
mentor protege, Service-Disabled
Veteran-Owned, Women-Owned and
HUBZone small business programs.
SBA’s intent was for profits to be
commensurate with the work performed
by each member of the joint venture.
These rules currently state that in the
case of a separate legal entity, the firm
must receive profits commensurate with
their ownership interests in the joint
venture, which is contrary to SBA’s
intent. Consequently, SBA is correcting
§§ 125.8(b)(2)(iv), 125.18(b)(2)(iv),
126.616(c)(4) and 127.506(c)(4) to the
make the rules consistent with
124.513(c)(4) and across all programs.
94941
13 CFR 127
Government contracts, Reporting and
recordkeeping requirements, Small
businesses.
Accordingly, 13 CFR parts 125, 126,
and 127 are corrected by making the
following correcting amendments:
PART 125—GOVERNMENT
CONTRACTING PROGRAMS
1. The authority citation for part 125
continues to read as follows:
■
Authority: 15 U.S.C. 632(p), (q), 634(b)(6),
637, 644, 657f, and 657q.
2. In § 125.8, revise paragraph
(b)(2)(iv) to read as follows:
■
§ 125.8 What requirements must a joint
venture satisfy to submit an offer for a
procurement or sale set aside or reserved
for small business?
*
*
*
*
*
(c) * * *
(2) * * *
(iv) Stating that each participant must
receive profits from the joint venture
commensurate with the work performed
by the concern;
*
*
*
*
*
3. In § 125.18, revise paragraph
(b)(2)(iv) to read as follows:
■
§ 125.18 What requirements must an
SDVO SBC meet to submit an offer on a
contract?
*
*
*
*
*
(b) * * *
(2) * * *
(iv) Stating that the SDVO SBC(s)
must receive profits from the joint
venture commensurate with the work
performed by the SDVO SBC;
*
*
*
*
*
PART 126—HUBZONE PROGRAM
4. The authority citation for part 126
continues to read as follows:
■
List of Subjects
Authority: 15 U.S.C. 632(a), 632(j), 632(p),
644; and 657a; Pub. L. 111–240, 24 Stat.
2504.
13 CFR 125
■
Government contracts, Government
procurement, Reporting and
recordkeeping requirements, Small
businesses, Technical assistance,
Veterans.
§ 126.616 What requirements must a joint
venture satisfy to submit an offer on a
HUBZone contract?
13 CFR 126
Administrative practice and
procedure, Government procurement,
Penalties, Reporting and recordkeeping
requirements, Small businesses.
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
5. In § 126.616, revise paragraph (c)(4)
to read as follows:
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*
*
(c) * * *
(4) Stating that the HUBZone SBC(s)
must receive profits from the joint
venture commensurate with the work
performed by the HUBZone SBC;
*
*
*
*
*
E:\FR\FM\27DER1.SGM
27DER1
94942
Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations
PART 127—WOMEN-OWNED SMALL
BUSINESS FEDERAL CONTRACT
PROGRAM
6. The authority citation for part 127
continues to read as follows:
■
Authority: 15 U.S.C. 632, 634(b)(6),
637(m), and 644.
7. In § 127.506, revise paragraph (c)(4)
to read as follows:
■
§ 127.506 May a joint venture submit an
offer on an EDWOSB or WOSB
requirement?
*
*
*
*
*
(c) * * *
(4) Stating that the WOSB(s) must
receive profits from the joint venture
commensurate with the work performed
by the WOSB;
*
*
*
*
*
Dated: December 16, 2016.
A. John Shoraka,
Associate Administrator, Office of
Government Contracting & Business
Development.
[FR Doc. 2016–30873 Filed 12–23–16; 8:45 am]
BILLING CODE 8205–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2015–5807; Directorate
Identifier 2015–SW–063–AD; Amendment
39–18754; AD 2016–25–28]
RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for Airbus
Helicopters Model AS355NP
helicopters. This AD requires removing
and installing the fire extinguishing
system pipes. This AD is prompted by
the discovery that the left-hand and
right-hand fire extinguishing discharge
systems were incorrectly connected.
The actions of this AD are intended to
correct the unsafe condition on these
products.
asabaliauskas on DSK3SPTVN1PROD with RULES
This AD is effective January 31,
2017.
The Director of the Federal Register
approved the incorporation by reference
of a certain document listed in this AD
as of January 31, 2017.
ADDRESSES: For service information
identified in this final rule, contact
DATES:
19:06 Dec 23, 2016
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
5807; or in person at the Docket
Operations Office between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this AD, the European Aviation
Safety Agency (EASA) ADs, any
incorporated-by-reference service
information, the economic evaluation,
any comments received, and other
information. The street address for the
Docket Operations Office (phone: 800–
647–5527) is U.S. Department of
Transportation, Docket Operations
Office, M–30, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
George Schwab, Aviation Safety
Engineer, Safety Management Group,
Rotorcraft Directorate, FAA, 10101
Hillwood Pkwy, Fort Worth, TX 76177;
telephone (817) 222–5110; email
george.schwab@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
SUMMARY:
VerDate Sep<11>2014
Airbus Helicopters, 2701 N. Forum
Drive, Grand Prairie, TX 75052;
telephone (972) 641–0000 or (800) 232–
0323; fax (972) 641–3775; or at https://
www.airbushelicopters.com/techpub.
You may review the referenced
service information at the FAA, Office
of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy., Room
6N–321, Fort Worth, TX 76177. It is also
available on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
5807.
Jkt 241001
On April 12, 2016, at 81 FR 21493, the
Federal Register published our notice of
proposed rulemaking (NPRM), which
proposed to amend 14 CFR part 39 by
adding an AD that would apply to
Airbus Helicopters Model AS355NP
helicopters with an Arrius 1A1 fire
extinguishing system installed. The
NPRM proposed to require removing
and correctly installing the fire
extinguishing system pipes in
accordance with Airbus Helicopters’
service information and removing any
placards on the instrument panel if
installed. The proposed requirements
were intended to correct the
connections and to prevent the fire
extinguishing system from discharging
to the wrong engine compartment,
failure of the fire extinguishing system
to control a fire, and subsequent loss of
control of the helicopter.
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
The NPRM was prompted by AD No.
2011–0192–E, dated October 4, 2011,
issued by EASA, which is the Technical
Agent for the Member States of the
European Union, to correct an unsafe
condition for Eurocopter (now Airbus
Helicopters) Model AS355NP
helicopters with an Arrius 1A1 fire
extinguishing system installed through
production modification (mod) OP–
3931.
EASA advises that during an
inspection of the engine fire
extinguishing system on an AS355NP
helicopter, the left-hand (LH) fire
extinguisher discharge system was
found connected to the right-hand (RH)
engine compartment and the RH
discharge system was connected to the
LH engine compartment. An
investigation showed that this erroneous
installation was inherent in Eurocopter
production modification (mod) OP–
3931. According to EASA, this
condition, if not detected and corrected,
could lead to the discharge of the fire
extinguisher in the wrong engine
compartment in the event of a fire.
Pending the development of a modified
extinguishing system, EASA Emergency
AD No. 2011–0192–E required installing
a placard warning the flight crew of the
erroneous installation until the squibs
on each fire extinguisher are exchanged.
After EASA issued Emergency AD No.
2011–0192–E, Airbus Helicopters
developed a permanent modification of
the discharge system to reconfigure the
position of the squibs on each fire
extinguisher to line up with the control
buttons. EASA subsequently issued
superseding EASA AD No. 2015–0181,
dated August 31, 2015, to retain the
requirements of its previous Emergency
AD and require the modification of the
engine fire extinguishing discharge
system within 12 months.
Comments
After our NPRM (81 FR 21493, April
12, 2016) was published, we received
two comments from Airbus Helicopters.
Request
Airbus Helicopters requested that the
proposed AD have mod 073990 as a
terminating action and exempt Model
AS355NP aircraft that are ‘‘post mod
073990’’ from the AD’s requirements.
We agree with the comment but
disagree that a change to the AD is
necessary. The AD requires compliance
with the service information that Airbus
Helicopters has identified as mod
073990. A Model AS355NP helicopter
in a ‘‘post mod 073990’’ configuration
has complied with the service
information, and therefore has also
previously complied with the required
E:\FR\FM\27DER1.SGM
27DER1
]]>Agencies
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Rules and Regulations]
[Pages 94941-94942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30873]
=======================================================================
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
13 CFR Parts 125, 126, and 127
RIN 3245-AG24
Small Business Mentor Prot[eacute]g[eacute] Programs; 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 July 25, 2016, amending its regulations
to establish a new Government-wide mentor-prot[eacute]g[eacute] program
for all small business concerns, consistent with SBA's mentor-
prot[eacute]g[eacute] program for Participants in SBA's 8(a) Business
Development (BD) program. The rule also made several additional changes
to current size, 8(a), Office of Hearings and Appeals, and HUBZone
regulations, concerning among other things, ownership and control,
changes in primary industry, economic disadvantage of a Native Hawaiian
Organization (NHO), standards of review, and interested party status
for some appeals. This document makes several technical corrections to
that final rule, eliminating a portion of a sentence concerning joint
venture profits.
DATES: Effective December 27, 2016.
FOR FURTHER INFORMATION CONTACT: Michael McLaughlin, Office of Policy,
Planning & Liaison, U.S. Small Business Administration, 409 Third
Street SW., Washington, DC 20416; 202-205-5353;
michael.mclaughlin@sba.gov.
SUPPLEMENTARY INFORMATION: The final rule published on July 25, 2016,
at 81 FR 48557, contained errors that must be corrected in order ensure
consistency within the regulations and to avoid public uncertainty or
confusion.
On October 19, 2016, SBA issued a correction pertaining to 8(a)
joint venture profits. 81 FR 71981. As SBA explained, due to the change
made to Sec. 121.103(h), which eliminated the ability of a joint
venture to be populated with individuals intended to perform contracts
awarded to the joint venture, a conforming correction was needed to
Sec. 124.513(c), which references populated joint ventures.
Specifically, Sec. 124.513(c)(4) provided that in the case of a
populated separate legal entity joint venture, 8(a) Participant(s) must
receive profits from the joint venture commensurate with their
ownership interests in the joint venture. Because SBA eliminated
populated joint ventures, that provision was superfluous and was
deleted. SBA's 8(a) joint venture rule now states that the 8(a)
Participant(s) in a joint venture must receive profits from the joint
venture commensurate with the work performed by the 8(a)
Participant(s). 13 CFR 124.513(c)(4). This change was necessary because
under the mentor prot[eacute]g[eacute] program, a prot[eacute]g[eacute]
may perform as little as 40% of the total work performed by the joint
venture in aggregate. It would not make sense to require a firm to
receive 51% of the profits for doing only 40% of the work.
The same language that SBA corrected in the 8(a) regulations is
currently in place for joint ventures under all small mentor
prot[eacute]g[eacute], Service-Disabled Veteran-Owned, Women-Owned and
HUBZone small business programs. SBA's intent was for profits to be
commensurate with the work performed by each member of the joint
venture. These rules currently state that in the case of a separate
legal entity, the firm must receive profits commensurate with their
ownership interests in the joint venture, which is contrary to SBA's
intent. Consequently, SBA is correcting Sec. Sec. 125.8(b)(2)(iv),
125.18(b)(2)(iv), 126.616(c)(4) and 127.506(c)(4) to the make the rules
consistent with 124.513(c)(4) and across all programs.
List of Subjects
13 CFR 125
Government contracts, Government procurement, Reporting and
recordkeeping requirements, Small businesses, Technical assistance,
Veterans.
13 CFR 126
Administrative practice and procedure, Government procurement,
Penalties, Reporting and recordkeeping requirements, Small businesses.
13 CFR 127
Government contracts, Reporting and recordkeeping requirements,
Small businesses.
Accordingly, 13 CFR parts 125, 126, and 127 are corrected by making
the following correcting amendments:
PART 125--GOVERNMENT CONTRACTING PROGRAMS
0
1. The authority citation for part 125 continues to read as follows:
Authority: 15 U.S.C. 632(p), (q), 634(b)(6), 637, 644, 657f, and
657q.
0
2. In Sec. 125.8, revise paragraph (b)(2)(iv) to read as follows:
Sec. 125.8 What requirements must a joint venture satisfy to submit
an offer for a procurement or sale set aside or reserved for small
business?
* * * * *
(c) * * *
(2) * * *
(iv) Stating that each participant must receive profits from the
joint venture commensurate with the work performed by the concern;
* * * * *
0
3. In Sec. 125.18, revise paragraph (b)(2)(iv) to read as follows:
Sec. 125.18 What requirements must an SDVO SBC meet to submit an
offer on a contract?
* * * * *
(b) * * *
(2) * * *
(iv) Stating that the SDVO SBC(s) must receive profits from the
joint venture commensurate with the work performed by the SDVO SBC;
* * * * *
PART 126--HUBZONE PROGRAM
0
4. The authority citation for part 126 continues to read as follows:
Authority: 15 U.S.C. 632(a), 632(j), 632(p), 644; and 657a; Pub.
L. 111-240, 24 Stat. 2504.
0
5. In Sec. 126.616, revise paragraph (c)(4) to read as follows:
Sec. 126.616 What requirements must a joint venture satisfy to submit
an offer on a HUBZone contract?
* * * * *
(c) * * *
(4) Stating that the HUBZone SBC(s) must receive profits from the
joint venture commensurate with the work performed by the HUBZone SBC;
* * * * *
[[Page 94942]]
PART 127--WOMEN-OWNED SMALL BUSINESS FEDERAL CONTRACT PROGRAM
0
6. The authority citation for part 127 continues to read as follows:
Authority: 15 U.S.C. 632, 634(b)(6), 637(m), and 644.
0
7. In Sec. 127.506, revise paragraph (c)(4) to read as follows:
Sec. 127.506 May a joint venture submit an offer on an EDWOSB or WOSB
requirement?
* * * * *
(c) * * *
(4) Stating that the WOSB(s) must receive profits from the joint
venture commensurate with the work performed by the WOSB;
* * * * *
Dated: December 16, 2016.
A. John Shoraka,
Associate Administrator, Office of Government Contracting & Business
Development.
[FR Doc. 2016-30873 Filed 12-23-16; 8:45 am]
BILLING CODE 8205-01-P
