Consolidation of Mentor-Protégé Programs and Other Government Contracting Amendments; Correction, 38537-38538 [2021-15357]

Download as PDF 38537 Rules and Regulations Federal Register Vol. 86, No. 138 Thursday, July 22, 2021 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. provisions. Section 7 does not have a paragraph (c). The correct references are paragraphs (a)(2)(v) introductory text and (a)(2)(v)(A), (B), (D), and (E). This document makes the corrections to revise those paragraphs in paragraph (a)(2)(v) as intended by the final rule. List of Subjects in 7 CFR Part 457 Acreage allotments, Crop insurance, Reporting and recordkeeping requirements. Accordingly, 7 CFR part 457 is corrected by making the following amendments: DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation 7 CFR Part 457 Common Crop Insurance Regulations; Small Grains Crop Insurance Provisions; Corrections Federal Crop Insurance Corporation, U.S. Department of Agriculture (USDA). ACTION: Correcting Amendment. AGENCY: Authority: 7 U.S.C. 1506(l), 1506(o). 2. In § 457.101, in section 7, revise paragraphs (a)(2)(v) introductory text and (a)(2)(v)(A), (B), (D), and (E) to read as follows: On June 25, 2021, the Federal Crop Insurance Corporation revised the Common Crop Insurance Regulations; Small Grains Crop Insurance Provisions. That final rule included a typographical error in an amendatory instruction resulting in change that could not be made in the Code of Federal Regulations (CFR). This document makes those corrections. DATES: Effective date: July 22, 2021. FOR FURTHER INFORMATION CONTACT: Francie Tolle; telephone (816) 926– 7730; email francie.tolle@usda.gov. Persons with disabilities who require alternative means of communication should contact the USDA Target Center at (202) 720–2600 or 844–433–2774. SUPPLEMENTARY INFORMATION: Background The Small Grains Crop Insurance Provisions in 7 CFR 457.101 were revised by a final rule published in the Federal Register on June 25, 2021 (86 FR 33485–33491). This document makes the changes that were not incorporated, when the other changes in the final rule were made in the CFR, due to a typographical error. There was an incorrect reference in the amendatory language that referenced paragraphs (c)(2)(v) introductory text and (c)(2)(v)(A), (B), (D), and (E) in section 7 of the small grains crop insurance Jkt 253001 1. The authority citation for part 457 continues to read as follows: ■ ■ SUMMARY: lotter on DSK11XQN23PROD with RULES1 [FR Doc. 2021–15587 Filed 7–21–21; 8:45 am] PART 457—COMMON CROP INSURANCE REGULATIONS RIN 0563–AC73 15:56 Jul 21, 2021 Richard Flournoy, Acting Manager, Federal Crop Insurance Corporation. BILLING CODE 3410–08–P [Docket ID FCIC–21–0002] VerDate Sep<11>2014 that producers in the area would normally not further care for the crop, must be replanted to a spring type of the insured crop unless we agree it is not practical to replant. (E) If winter-planted acreage is not to be insured it must be recorded on the acreage report as uninsured winterplanted acreage. * * * * * § 457.101 Small grains crop insurance provisions. * * * * * * * * * * (a) * * * (2) * * * (v) Whenever the Special Provisions designate only a spring type, any winter barley, oat, or wheat acreage will not be insured unless you request such coverage on or before the spring sales closing date, and we inspect and give written confirmation that the acreage has an adequate stand in the spring to produce the yield used to determine your production guarantee. However, if we fail to inspect the acreage by the spring final planting date, insurance will attach as specified in section 7(a)(2)(v)(C). (A) Your request for coverage must include the location and number of acres of winter barley, oats, or wheat. (B) The winter barley, oats, or wheat will be insured as a spring type for the purpose of the production guarantee, premium, projected price, and harvest price, if applicable. * * * * * (D) Any such winter barley, oats, or wheat acreage that is damaged after it is accepted for insurance but before the spring final planting date, to the extent Frm 00001 Fmt 4700 13 CFR Parts 121 and 124 RIN 3245–AG94 Consolidation of Mentor-Prote´ge´ Programs and Other Government Contracting Amendments; Correction U.S. Small Business Administration. ACTION: Correcting amendment. AGENCY: The U.S. Small Business Administration (SBA) is correcting a final rule that was published in the Federal Register on October 16, 2020. The rule merged the 8(a) Business Development (BD) Mentor-Prote´ge´ Program and the All Small MentorProte´ge´ Program to eliminate confusion and remove unnecessary duplication of functions within SBA. This document is making technical corrections to the final regulations. DATES: Effective July 22, 2021. FOR FURTHER INFORMATION CONTACT: Mark Hagedorn, U.S. Small Business Administration, Office of General Counsel, 409 Third Street SW, Washington, DC 20416; (202) 205–7625; mark.hagedorn@sba.gov. SUPPLEMENTARY INFORMATION: On October 16, 2020, SBA published a final rule revising the regulations pertaining to the 8(a) BD and size programs in order to further reduce unnecessary or excessive burdens on small businesses and to more clearly delineate SBA’s intent in certain regulations (85 FR 66146). This is the fourth set of corrections. The first set of corrections was published in the Federal Register on November 16, 2020 (85 FR 72916). SUMMARY: 7. Insurance Period. PO 00000 SMALL BUSINESS ADMINISTRATION Sfmt 4700 E:\FR\FM\22JYR1.SGM 22JYR1 38538 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 The second set of corrections was published in the Federal Register on January 14, 2021 (86 FR 2957). The third set of corrections was published in the Federal Register on February 23, 2021 (86 FR 10732). This document augments those corrections. In the final rule, SBA amended § 121.404(a)(1) to revise and clarify when the size status of a business concern is determined for a multipleaward contract. In doing so, SBA inadvertently removed § 121.404(a)(1)(iv), which concerned when the size of a concern is determined for multiple-award contracts for which offerors are not required to submit price as part of the offer. SBA did not intend to delete that provision. This document adds back in § 121.404(a)(1)(iv) as it appeared in SBA’s regulations prior to the final rule. This rule also corrects a typographical error contained in the introductory text of § 121.404(g) by removing the word ‘‘until’’ from the second sentence. The final rule also revised § 121.404(g)(2) to add language relating to the effect a merger, sale or acquisition that occurs between a concern’s offer for a particular procurement and the date of award for that procurement would have on the concern’s continued eligibility to receive the award and a procuring agency’s ability to continue to receive small business credit. The final rule inadvertently left out a corresponding change to § 121.404(g)(4). This rule corrects that omission by adding the words ‘‘or pending’’ to § 121.404(g)(4) to make clear that the revisions to § 121.404(g)(2) were intended to apply to orders issued under multiple award contracts (MACs) as well. Finally, the final rule also made several revisions to § 124.509 regarding business activity targets applying to Participants in SBA’s 8(a) Business Development program. One of the changes made by the final rule was to clarify that SBA will compare 8(a) and non-8(a) revenues in a Participant’s program year, as opposed to its fiscal year. The final rule intended to change all references from fiscal year to program year. However, one reference to fiscal year was mistakenly left in § 124.509(b)(3). This correction changes fiscal year to program year in § 124.509(b)(3). List of Subjects 13 CFR Part 121 Administrative practice and procedure, Government procurement, Government property, Grant programs— business, Individuals with disabilities, VerDate Sep<11>2014 15:56 Jul 21, 2021 Jkt 253001 Loan programs—business, Small businesses. 13 CFR Part 124 Administrative practice and procedure, Government procurement, Government property, Small businesses. Accordingly, 13 CFR parts 121 and 124 are corrected by making the following correcting amendments: PART 121—SMALL BUSINESS SIZE REGULATIONS 1. The authority citation for part 121 continues to read as follows: ■ Authority: 15 U.S.C. 632, 634(b)(6), 636(a)(36), 662, and 694a(9); Pub. L. 116–136, Section 1114. 2. Amend § 121.404 by a. Adding paragraph (a)(1)(iv); ■ b. Revising the second sentence of paragraph (g) introductory text; and ■ c. Revising the second sentence of paragraph (g)(4). The addition and revisions read as follows: ■ ■ § 121.404 When is the size status of a business concern determined? * * * * * (a) * * * (1) * * * (iv) For an indefinite delivery, indefinite quantity (IDIQ), Multiple Award Contract, where concerns are not required to submit price as part of the offer for the IDIQ contract, size will be determined as of the date of initial offer, which may not include price. * * * * * (g) * * * Similarly, a concern that represents itself as a small business and qualifies as small after a required recertification under paragraph (g)(1), (2), or (3) of this section is generally considered to be a small business throughout the life of that contract. * * * * * * * * (4) * * * However, if the Multiple Award Contract was set-aside for small businesses, partially set-aside for small businesses, or reserved for small business, then in the case of a contract novation, or merger or acquisition where no novation is required, where the resulting contractor is now other than small, the agency cannot count any new or pending orders issued pursuant to the contract, from that point forward, towards its small business goals. * * * * * * * * PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 PART 124—8(a) BUSINESS DEVELOPMENT/SMALL DISADVANTAGED BUSINESS STATUS DETERMINATIONS 3. 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), 644 and Pub. L. 99–661, Pub. L. 100–656, sec. 1207, Pub. L. 101–37, Pub. L. 101–574, section 8021, Pub. L. 108–87, Pub. L. 116–260, sec. 330, and 42 U.S.C. 9815. 4. Amend § 124.509 by revising the first sentence of paragraph (b)(3) to read as follows: ■ § 124.509 What are non-8(a) business activity targets? * * * * * (b) * * * (3) * * * SBA will measure the Participant’s compliance with the applicable non-8(a) business activity target at the end of each program year in the transitional stage by comparing the Participant’s non-8(a) revenue to its total revenue during the program year just completed. * * * * * * * * Antonio Doss, Acting Associate Administrator, Office of Government Contracting and Business Development. [FR Doc. 2021–15357 Filed 7–21–21; 8:45 am] BILLING CODE 8026–03–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2021–0156; Project Identifier AD–2020–01594–T; Amendment 39–21650; AD 2021–15–03] RIN 2120–AA64 Airworthiness Directives; Gulfstream Aerospace Corporation Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain Gulfstream Aerospace Corporation (Gulfstream) Model GVII–G500 airplanes. This AD results from flap yoke fittings with design features that cause decreased fatigue life. This AD requires replacing the flap inboard and outboard yoke fitting assemblies and establishing a 20,000 flight cycle life limit for the fittings. The FAA is issuing this AD to address the unsafe condition on these products. SUMMARY: E:\FR\FM\22JYR1.SGM 22JYR1

Agencies

[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Rules and Regulations]
[Pages 38537-38538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15357]


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SMALL BUSINESS ADMINISTRATION

13 CFR Parts 121 and 124

RIN 3245-AG94


Consolidation of Mentor-Prot[eacute]g[eacute] Programs and Other 
Government Contracting Amendments; Correction

AGENCY: U.S. Small Business Administration.

ACTION: Correcting amendment.

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

SUMMARY: The U.S. Small Business Administration (SBA) is correcting a 
final rule that was published in the Federal Register on October 16, 
2020. The rule merged the 8(a) Business Development (BD) Mentor-
Prot[eacute]g[eacute] Program and the All Small Mentor-
Prot[eacute]g[eacute] Program to eliminate confusion and remove 
unnecessary duplication of functions within SBA. This document is 
making technical corrections to the final regulations.

DATES: Effective July 22, 2021.

FOR FURTHER INFORMATION CONTACT: Mark Hagedorn, U.S. Small Business 
Administration, Office of General Counsel, 409 Third Street SW, 
Washington, DC 20416; (202) 205-7625; [email protected].

SUPPLEMENTARY INFORMATION: On October 16, 2020, SBA published a final 
rule revising the regulations pertaining to the 8(a) BD and size 
programs in order to further reduce unnecessary or excessive burdens on 
small businesses and to more clearly delineate SBA's intent in certain 
regulations (85 FR 66146). This is the fourth set of corrections. The 
first set of corrections was published in the Federal Register on 
November 16, 2020 (85 FR 72916).

[[Page 38538]]

The second set of corrections was published in the Federal Register on 
January 14, 2021 (86 FR 2957). The third set of corrections was 
published in the Federal Register on February 23, 2021 (86 FR 10732). 
This document augments those corrections.
    In the final rule, SBA amended Sec.  121.404(a)(1) to revise and 
clarify when the size status of a business concern is determined for a 
multiple-award contract. In doing so, SBA inadvertently removed Sec.  
121.404(a)(1)(iv), which concerned when the size of a concern is 
determined for multiple-award contracts for which offerors are not 
required to submit price as part of the offer. SBA did not intend to 
delete that provision. This document adds back in Sec.  
121.404(a)(1)(iv) as it appeared in SBA's regulations prior to the 
final rule.
    This rule also corrects a typographical error contained in the 
introductory text of Sec.  121.404(g) by removing the word ``until'' 
from the second sentence.
    The final rule also revised Sec.  121.404(g)(2) to add language 
relating to the effect a merger, sale or acquisition that occurs 
between a concern's offer for a particular procurement and the date of 
award for that procurement would have on the concern's continued 
eligibility to receive the award and a procuring agency's ability to 
continue to receive small business credit. The final rule inadvertently 
left out a corresponding change to Sec.  121.404(g)(4). This rule 
corrects that omission by adding the words ``or pending'' to Sec.  
121.404(g)(4) to make clear that the revisions to Sec.  121.404(g)(2) 
were intended to apply to orders issued under multiple award contracts 
(MACs) as well.
    Finally, the final rule also made several revisions to Sec.  
124.509 regarding business activity targets applying to Participants in 
SBA's 8(a) Business Development program. One of the changes made by the 
final rule was to clarify that SBA will compare 8(a) and non-8(a) 
revenues in a Participant's program year, as opposed to its fiscal 
year. The final rule intended to change all references from fiscal year 
to program year. However, one reference to fiscal year was mistakenly 
left in Sec.  124.509(b)(3). This correction changes fiscal year to 
program year in Sec.  124.509(b)(3).

List of Subjects

13 CFR Part 121

    Administrative practice and procedure, Government procurement, 
Government property, Grant programs--business, Individuals with 
disabilities, Loan programs--business, Small businesses.

13 CFR Part 124

    Administrative practice and procedure, Government procurement, 
Government property, Small businesses.

    Accordingly, 13 CFR parts 121 and 124 are corrected by making the 
following correcting amendments:

PART 121--SMALL BUSINESS SIZE REGULATIONS

0
1. The authority citation for part 121 continues to read as follows:

    Authority: 15 U.S.C. 632, 634(b)(6), 636(a)(36), 662, and 
694a(9); Pub. L. 116-136, Section 1114.


0
2. Amend Sec.  121.404 by
0
a. Adding paragraph (a)(1)(iv);
0
b. Revising the second sentence of paragraph (g) introductory text; and
0
c. Revising the second sentence of paragraph (g)(4).
    The addition and revisions read as follows:


Sec.  121.404  When is the size status of a business concern 
determined?

* * * * *
    (a) * * *
    (1) * * *
    (iv) For an indefinite delivery, indefinite quantity (IDIQ), 
Multiple Award Contract, where concerns are not required to submit 
price as part of the offer for the IDIQ contract, size will be 
determined as of the date of initial offer, which may not include 
price.
* * * * *
    (g) * * * Similarly, a concern that represents itself as a small 
business and qualifies as small after a required recertification under 
paragraph (g)(1), (2), or (3) of this section is generally considered 
to be a small business throughout the life of that contract. * * *
* * * * *
    (4) * * * However, if the Multiple Award Contract was set-aside for 
small businesses, partially set-aside for small businesses, or reserved 
for small business, then in the case of a contract novation, or merger 
or acquisition where no novation is required, where the resulting 
contractor is now other than small, the agency cannot count any new or 
pending orders issued pursuant to the contract, from that point 
forward, towards its small business goals. * * *
* * * * *

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

0
3. 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), 644 and 
Pub. L. 99-661, Pub. L. 100-656, sec. 1207, Pub. L. 101-37, Pub. L. 
101-574, section 8021, Pub. L. 108-87, Pub. L. 116-260, sec. 330, 
and 42 U.S.C. 9815.


0
4. Amend Sec.  124.509 by revising the first sentence of paragraph 
(b)(3) to read as follows:


Sec.  124.509   What are non-8(a) business activity targets?

* * * * *
    (b) * * *
    (3) * * * SBA will measure the Participant's compliance with the 
applicable non-8(a) business activity target at the end of each program 
year in the transitional stage by comparing the Participant's non-8(a) 
revenue to its total revenue during the program year just completed. * 
* *
* * * * *

Antonio Doss,
Acting Associate Administrator, Office of Government Contracting and 
Business Development.
[FR Doc. 2021-15357 Filed 7-21-21; 8:45 am]
BILLING CODE 8026-03-P


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