Representation-Case Procedures, 4011 [2018-01622]
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Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Proposed Rules
with another firm in the same or similar
line of business, and that firm or an
owner, director, officer, or manager, or
a direct relative of an owner, director,
officer, or manager of that firm owns an
equity interest in the concern.
(5) A non-service-disabled veteran
individual or entity, having an equity
interest in the concern, provides critical
financial or bonding support.
(6) In circumstances where a critical
license is held by a non-service-disabled
individual, or other entity, the nonservice-disabled individual or entity
may be found to control the firm. A
critical license is considered any license
that would normally be required of
firms operating in the same field or
industry, regardless of whether a
specific license is required on a specific
contract.
(7) Business relationships exist with
non-service-disabled veteran
individuals or entities which cause such
dependence that the applicant or
concern cannot exercise independent
business judgment without great
economic risk.
(j) Critical financing. A non-servicedisabled veteran individual or entity
may be found to control the concern
through loan arrangements with the
concern or the service-disabled
veteran(s). Providing a loan or a loan
guaranty on commercially reasonable
terms does not, by itself, give a nonservice-disabled veteran individual or
entity the power to control a firm, but
when taken into consideration with
other factors may be used to find that a
non-service-disabled firm or individual
controls the concern.
(k) Normal business hours. There is a
rebuttable presumption that a servicedisabled veteran does not control the
firm when the service-disabled veteran
is not able to work for the firm during
the normal working hours that
businesses in that industry normally
work. This may include, but is not
limited to, other full-time or part-time
employment, being a full-time or parttime student, or any other activity or
obligation that prevents the servicedisabled veteran from actively working
for the firm during normal business
operating hours.
(l) Close proximity. There is rebuttable
presumption that a service-disabled
veteran does not control the firm if that
individual is not located within a
reasonable commute to firm’s
headquarters and/or job-sites locations,
regardless of the firm’s industry. The
service-disabled veteran’s ability to
answer emails, communicate by
telephone, or to communicate at a
distance by other technological means,
while delegating the responsibility of
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16:59 Jan 26, 2018
Jkt 244001
managing the concern to others is not by
itself a reasonable rebuttal.
(m) Exception for ‘‘extraordinary
circumstances.’’ SBA will not find that
a lack of control exists where a servicedisabled veteran does not have the
unilateral power and authority to make
decisions in ‘‘extraordinary
circumstances.’’ The only circumstances
in which this exception applies are
those articulated in the definition.
(n) Exception for reservists recalled to
active duty. Notwithstanding the
provisions of this section requiring a
service-disabled veteran to control the
daily business operations and long-term
strategic planning of a concern, where a
service-disabled veteran individual
upon whom eligibility is based is a
reserve component member in the
United States military who has been
recalled to active duty, the concern may
elect to designate in writing one or more
individuals to control the concern on
behalf of the service-disabled veteran
during the period of active duty. The
concern will not be considered
ineligible based on the absence of the
service-disabled veteran during the
period of active duty. The concern must
keep records evidencing the active duty
and the written designation of control,
and provide those documents to VA,
and if requested to SBA.
■ 5. Amend § 125.22 by revising
paragraph (a) to read as follows:
§ 125.22 When may a contracting officer
set-aside a procurement for SDVO SBCs?
(a) The contracting officer first must
review a requirement to determine
whether it is excluded from SDVO
contracting pursuant to § 125.21.
*
*
*
*
*
■ 6. Amend § 125.23 by revising
paragraphs (a) and (b) to read as follows:
§ 125.23 When may a contracting officer
award sole source contracts to SDVO
SBCs?
*
*
*
*
*
(a) None of the provisions of § 125.21
or § 125.22 apply;
(b) The anticipated award price of the
contract (including options) will not
exceed $6,500,000 in the case of a
contract assigned a NAICS code for
manufacturing, or $4,000,000 in the case
of any other contract opportunity;
*
*
*
*
*
Dated: January 18, 2018.
Linda E. McMahon,
Administrator.
PO 00000
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NATIONAL LABOR RELATIONS
BOARD
29 CFR Parts 101 and 102
RIN 3142–AA12
Representation-Case Procedures
AGENCY:
National Labor Relations
Board.
Request for information;
extension of time to submit responses.
ACTION:
The National Labor Relations
Board (the Board) published a Request
for Information in the Federal Register
on December 14, 2017, seeking
information from the public regarding
its representation election regulations,
with a specific focus on amendments to
the Board’s representation case
procedures adopted by the Board’s final
rule published on December 15, 2014.
The date to submit responses to the
request for information is extended for
three days as a result of the lapse in
appropriations for the Federal
government. The Board is also granting
an additional 30 days to file responses
to the request for information.
DATES: Responses to the request for
information must be received by the
Board on or before March 19, 2018. No
late responses will be accepted.
Responses are limited to 25 pages.
ADDRESSES: Electronic responses may be
submitted by going to www.nlrb.gov and
following the link to submit responses
to this request for information. The
Board encourages electronic filing. If
you do not have the ability to submit
your response electronically, responses
may be submitted by mail to: Roxanne
Rothschild, Deputy Executive Secretary,
National Labor Relations Board, 1015
Half Street SE, Washington, DC 20570.
SUMMARY:
Dated: January 24, 2018.
Roxanne Rothschild,
Deputy Executive Secretary.
[FR Doc. 2018–01622 Filed 1–26–18; 8:45 am]
BILLING CODE P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 901
[SATS No. AL–081–FOR; Docket ID: OSM–
2017–0006; S1D1S SS08011000 SX064A000
189S180110; S2D2S SS08011000
SX064A000 18XS501520]
Alabama Regulatory Program
[FR Doc. 2018–01392 Filed 1–26–18; 8:45 am]
BILLING CODE 8025–01–P
4011
Office of Surface Mining
Reclamation and Enforcement, Interior.
AGENCY:
E:\FR\FM\29JAP1.SGM
29JAP1
]]>Agencies
[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Proposed Rules]
[Page 4011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01622]
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NATIONAL LABOR RELATIONS BOARD
29 CFR Parts 101 and 102
RIN 3142-AA12
Representation-Case Procedures
AGENCY: National Labor Relations Board.
ACTION: Request for information; extension of time to submit responses.
-----------------------------------------------------------------------
SUMMARY: The National Labor Relations Board (the Board) published a
Request for Information in the Federal Register on December 14, 2017,
seeking information from the public regarding its representation
election regulations, with a specific focus on amendments to the
Board's representation case procedures adopted by the Board's final
rule published on December 15, 2014. The date to submit responses to
the request for information is extended for three days as a result of
the lapse in appropriations for the Federal government. The Board is
also granting an additional 30 days to file responses to the request
for information.
DATES: Responses to the request for information must be received by the
Board on or before March 19, 2018. No late responses will be accepted.
Responses are limited to 25 pages.
ADDRESSES: Electronic responses may be submitted by going to
www.nlrb.gov and following the link to submit responses to this request
for information. The Board encourages electronic filing. If you do not
have the ability to submit your response electronically, responses may
be submitted by mail to: Roxanne Rothschild, Deputy Executive
Secretary, National Labor Relations Board, 1015 Half Street SE,
Washington, DC 20570.
Dated: January 24, 2018.
Roxanne Rothschild,
Deputy Executive Secretary.
[FR Doc. 2018-01622 Filed 1-26-18; 8:45 am]
BILLING CODE P
