Privacy Act of 1974 System of Records Notice, 2748-2750 [2023-00623]
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2748
Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Notices
within 60 days of the filing of the
proposed rule change, the Commission
summarily may temporarily suspend
such rule change if it appears to the
Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act. If the Commission
takes such action, the Commission shall
institute proceedings to determine
whether the proposed rule should be
approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
khammond on DSKJM1Z7X2PROD with NOTICES
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
MIAX–2022–50 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–MIAX–2022–50. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
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18:16 Jan 13, 2023
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personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–MIAX–2022–50 and should
be submitted on or before February 7,
2023.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.143
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–00660 Filed 1–13–23; 8:45 am]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
Privacy Act of 1974 System of Records
Notice
U.S. Small Business
Administration.
ACTION: Notice of a modified system of
records.
AGENCY:
The U.S. Small Business
Administration (SBA) proposes to
modify its system of records titled,
Government Contracting and Business
Development System (SBA 30), to its
inventory of records systems subject to
the Privacy Act of 1974, as amended.
Publication of this notice complies with
the Privacy Act and the Office of
Management and Budget (OMB)
Circulars A–108 and A–130 requirement
for agencies to publish a notice in the
Federal Register whenever the agency
establishes a new, modified or rescinds
a system of records. System of Records
Notice (SORN) Government Contracting
and Business Development System,
(SBA 30), includes modifying authority,
categories of individuals, categories of
records, record source categories, and
routine use. SBA 30 has expanded the
scope of its system of records with
additional applications serving a unique
purpose for carrying out the mission of
the SBA Office of Government
Contracting and Business Development.
SBA 30 collects personal, business,
veteran status, and financial information
to determine if applicants qualify and if
current participants certify or are
compliant with statutory and regulatory
requirements for continued eligibility
for participation in the following
government programs: 8(a) Business
Development Program, Mentor Prote´ge´
Program (MPP) formerly known as All
Small Mentor Prote´ge´ Program
(ASMPP), Women Owned Small
Business (WOSB) Federal Contracting
Program, Historically Underutilized
SUMMARY:
143 17
PO 00000
CFR 200.30–3(a)(12).
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Business Zone (HUBZone) Program,
Veteran Owned Small Business (VOSB)
Program and any future certification
programs deemed necessary by congress
or statute.
DATES: Submit comments on or before
February 16, 2023. This revised system
will be effective upon publication.
ADDRESSES: You may submit comments
on this notice by any of the following
methods:
Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Mail/Hand Delivery/Courier: Submit
written comments to: Ms. Beatrice
Hidalgo, Office of Government
Contracting and Business Development,
U.S. Small Business Administration,
409 3rd Street SW, Suite 6300,
Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT:
General questions, please contact Ms.
Hilary F. Cronin, Office of Government
Contracting and Business Development,
U.S. Small Business Administration,
409 3rd Street SW, Suite 6300,
Washington, DC 20416 or via email
Hilary.Cronin@sba.gov, telephone (202)
205–7055. For Privacy related matters,
please contact Stephen Kucharski,
(Acting) Chief Information Officer/
Senior Agency Official for Privacy,
Office of the Chief Information Officer,
U.S. Small Business Administration,
409 3rd Street SW, Suite 4000,
Washington, DC 20416 or via email to
Privacyofficer@sba.gov.
SUPPLEMENTARY INFORMATION: The
Privacy Act of 1974 (5 U.S.C. 552a), as
amended, embodies fair information
practice principles in a statutory
framework governing the means by
which Federal agencies collect,
maintain, use, and disseminate
individuals’ personal information. The
Privacy Act applies to records about
individuals that are maintained in a
‘‘system of records.’’ A system of
records is a group of any records under
the control of a Federal agency from
which information is retrieved by the
name of an individual or by a number,
symbol or another identifier assigned to
the individual. The Privacy Act requires
each Federal agency to publish in the
Federal Register a System of Records
Notice (SORN) identifying and
describing each system of records the
agency maintains, the purposes for
which the Agency uses the Personally
Identifiable Information (PII) in the
system, the routine uses for which the
Agency discloses such information
outside the Agency, and how
individuals can exercise their rights
related to their PII information.
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Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Notices
The modified Privacy Act system of
records for titled, Government
Contracting and Business Development
(GCBD) System, (SBA 30) will be used
by small business, SBA personnel and
overseen by Office of Government
Contracting and Business Development.
SBA 30 collects personal, business, and
financial information and veteran status
to determine if applicants are eligible
and if current participants are compliant
with statutory and regulatory
requirements for continued eligibility
for participation in the following
government programs: 8(a) Business
Development Program, MPP, WOSB
Federal Contracting Program, HUBZone
Program, and VOSB Federal Contracting
Program. Multiple SBA IT systems/
applications are used to certify the
participants on an SBA platform.
Certify.sba.gov is a certification
management system used for elements
of initial certification and continuing
eligibility functions for the 8(a) Business
Development program and for MPP. Its
primary component is a custom
developed application which includes
an interface for small businesses to
manage their eligibility documents and
applications for various contracting
programs, as well as workflows for SBA
staff.
WOSB.Certify.sba.gov is a certification
management system used for elements
of initial certification and continuing
eligibility functions for the WOSB
Program. Its primary component is a
custom developed application which
includes an interface for small
businesses to manage their eligibility
documents and applications for various
contracting programs, as well as
workflows for SBA staff. HUBZone
Certification Tracking System (HCTS) is
a certification management system used
for elements of initial certification and
continuing eligibility for the HUBZone
program. veterans.certify.sba.gov is a
certification management system used
for elements of initial application and
continuing eligibility functions for the
VOSB program. Its primary component
is a custom developed application
which includes an interface for small
businesses to manage their eligibility
documents and applications for various
contracting programs, as well as
workflows for SBA staff. To be eligible
for certification in SBA’s Veteran Small
Business Certification Program, an
applicant’s small business must be
owned and controlled by one or more
qualifying veterans. A ‘‘qualifying
veteran’’ is a veteran as defined by 38
U.S.C. 101(2) or a service-disabled
veteran. The modification of SBA 30
will not have any undue impact on the
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Jkt 259001
privacy of individuals and its use is
compatible with collection.
System Name and Number:
Government Contracting and Business
Development System, SBA 30.
System Classification: Unclassified.
System Location: SBA Headquarters,
409 3rd Street SW, Washington, DC
20416.
System Manager(s): Hilary F. Cronin,
Office of Government Contracting and
Business Development, U.S. Small
Business Administration, 409 3rd Street
SW, Suite 6300, Washington, DC 20416.
Authority for Maintenance of the
System: 15 U.S.C. 636 (j); 15 U.S.C. 637;
15 U.S.C. 657a(a); Public Law 105–13,
111 Stat. 26275 (15 U.S.C. 631); 13 CFR
125.9 and Section 862 of the National
Defense Authorization Act for Fiscal
Year 2021, Public Law 116–283, 134
Stat. 3388 (January 1, 2021) (NDAA
2021), amended 38 U.S.C. 8127.
Purposes of the System: To collect
personal, business, and financial
information used to determine
eligibility of applicants and current
participants in the Agency’s
certification program to include but not
limited to: 8(a) Business Development
Program, Mentor Prote´ge´ Program (MPP)
formerly known as All Small Mentor
Prote´ge´ Program (ASMPP), WomenOwned Small Business (WOSB) Federal
Contracting Program, Historically
Underutilized Business Zone
(HUBZone) Program and Veteran
Owned Small Business Program.
Categories of Individuals Covered by
the System: Applicants and program
participants in SBA’s 8(a) Business
Development program, Mentor Prote´ge´
Program, WOSB Federal Contracting
Program, HUBZone Program, and VOSB
Federal Contracting Program.
Categories of Records in the System:
Personal, business, veteran status and
financial information.
Record Source Categories: Small
business applicants or participants in
the 8(a) Business Development program,
Mentor Prote´ge´ Program (formerly
known as All Small Mentor Prote´ge´
Program (ASMPP), HUBZone Program,
WOSB Federal Contracting Program,
and VOSB Federal Contracting Program
Routine Uses of Records Maintained
in the System, Including Categories of
Users and Purposes of Such Uses: In
addition to those disclosures generally
permitted under 5 U.S.C. 552a(b) of the
Privacy Act, all or a portion of the
information contained in this system
may be disclosed to authorized entities,
as is determined to be relevant and
necessary, outside SBA as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
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Fmt 4703
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2749
A. To the Department of Justice (DOJ),
including offices of the U.S Attorneys,
or other Federal agency conducting
litigation or in proceedings before any
court, adjudicative, or administrative
body, when it is deemed by the SBA to
be relevant and necessary to the
litigation or the SBA has an interest in
such litigation when any of the
following are a party to the litigation or
have an interest in the litigation: (1) Any
employee or former employee of the
SBA in his or her official capacity; (2)
Any employee or former employee of
the SBA in his or her individual
capacity when DOJ or SBA has agreed
to represent the employee or a party to
the litigation or have an interest in the
litigation; or (3) The United States or
any agency thereof.
B. To a Congressional office from the
record of an individual in response to
an inquiry from that Congressional
office made at the request of the
individual. The member’s access rights
are no greater than those of the
individual.
C. To the National Archives and
Records Administration (NARA) or
General Services Administration (GSA)
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization,
including the SBA’s Office of Inspector
General, for the purpose of performing
audit or oversight operations as
authorized by law, but only such
information as is necessary and relevant
to such audit or oversight function.
E. To appropriate agencies, entities,
and persons when (1) SBA suspects or
has confirmed that there has been a
breach of the system of records, (2) SBA
has determined that as a result of the
suspected or confirmed breach there is
a risk of harm to individuals, SBA
(including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with SBA’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
F. To another Federal agency or
Federal entity, when SBA determines
that information from this system of
records is reasonably necessary to assist
the recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
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Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Notices
security, resulting from a suspected or
confirmed breach.
G. To another agency or agent of a
Government jurisdiction within or
under the control of the U.S., lawfully
engaged in national security or
homeland defense when disclosure is
undertaken for intelligence,
counterintelligence activities (as defined
by 50 U.S.C. 3003(3)), counterterrorism,
homeland security, or related law
enforcement purposes, as authorized by
U.S. law or Executive Order.
H. To SBA contractors, grantees,
volunteers, interns, and experts who
have been engaged by SBA to assist in
the performance and performance
improvement of a servicerelated to this
system of records and who need access
to the records to perform this activity.
Recipients of these records shall be
required to comply with the
requirements of the Privacy Act of 1974,
as amended, 5 U.S.C. Sec. 552a.
Policies and Practices for Storage of
Records: Information is stored
electronically and is protected through
the implementation of multi-factor
access controls, user permissions, event
logging, and monitoring. External media
are further protected using encryption.
Policies and Practices for Retrieval of
Records: Records are retrieved by name
of individual, business name, and
Unique Entity Identifier (UEI).
Policies and Practices for Retention
and Disposal of Records: Records are
maintained in accordance with latest
edition SBA Standard Operating
Procedure (SOP) series 00 41, schedules
Records Management Records 4.1 and
Agency Accountability Records 5.7.
Records maintained as part of the
General Records Schedules (GRS) are
disposed of in accordance with
applicable SBA policies.
Administrative, Technical, and
Physical Safeguards: Access and use are
limited to persons with official need to
know. Users are evaluated on a
recurring basis to ensure need-to-know
still exists. Safeguards are implemented
in accordance with the Federal
Information Security Modernization Act
of 2014 (FISMA) and are evaluated on
a recurring basis to ensure desired
operation.
Record Access Procedures:
Individuals wishing to request access to
records about them should submit a
Privacy Act request to the SBA Chief,
Freedom of Information and Privacy Act
Office, U.S. Small Business
Administration, 409 Third St. SW,
Eighth Floor, Washington, DC 20416 or
FOIA@sba.gov. Individuals must
provide their full name, mailing
address, personal email address,
telephone number, and a detailed
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18:16 Jan 13, 2023
Jkt 259001
description of the records being
requested. Individuals requesting access
must also follow SBA’s Privacy Act
regulations regarding verification of
identity and access to records (13 CFR
part 102 subpart B).
Contesting Record Procedures:
Individuals wishing to contest
information contained in records about
them should submit a Privacy Act
request to the SBA Chief, Freedom of
Information and Privacy Act Office, U.S.
Small Business Administration, 409
Third St. SW, Eighth Floor, Washington,
DC 20416 or FOIA@sba.gov. Individuals
must provide their full name, mailing
address, personal email address,
telephone number, and a detailed
description of the records being
requested. Requesting individuals must
follow SBA’s Privacy Act regulations
regarding verification of identity and
access to records (13 CFR part 102
subpart B).
Notification Procedures: Individuals
may make record inquiries in person or
in writing to the Systems Manager
through the SBA Chief, Freedom of
Information and Privacy Act Office, U.S.
Small Business Administration, 409
Third St. SW, Eighth Floor, Washington,
DC 20416 or FOIA@sba.gov.
Exemptions Promulgated for the
System: None.
History: [FR Doc. 2004–54823, Vol.
69, No. 175]; and [FR Doc. 2021–07363,
Vol. 86, No. 68]
Hilary Cronin,
Director of Technology Solutions, Office of
Government Contracting and Business
Development.
[FR Doc. 2023–00623 Filed 1–13–23; 8:45 am]
BILLING CODE 8026–09–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2022–0828]
Agency Information Collection
Activities: Requests for Comments;
Clearance of Renewed Approval of
Information Collection: Small
Unmanned Aircraft Registration
System
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, FAA
invites public comments about our
intention to request the Office of
Management and Budget (OMB)
approval to renew an information
SUMMARY:
PO 00000
Frm 00152
Fmt 4703
Sfmt 4703
collection. The Federal Register Notice
with a 60-day comment period soliciting
comments on the following collection of
information was published on June 22,
2022. Aircraft registration is necessary
to ensure personal accountability among
all users of the National Airspace
System (NAS). Aircraft registration also
allows the FAA and law enforcement
agencies to address non-compliance by
providing the means for identifying an
aircraft’s owner and operator. This
collection also permits individuals to
de-register or update their record in the
registration database.
DATES: Written comments should be
submitted by February 16, 2023.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Bonnie Lefko by email at:
Bonnie.Lefko@FAA.gov; phone: 405–
954–7461.
SUPPLEMENTARY INFORMATION:
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including (a)
Whether the proposed collection of
information is necessary for FAA’s
performance; (b) the accuracy of the
estimated burden; (c) ways for FAA to
enhance the quality, utility and clarity
of the information collection; and (d)
ways that the burden could be
minimized without reducing the quality
of the collected information.
OMB Control Number: 2120–0765.
Title: Small Unmanned Aircraft
Registration System.
Form Numbers: None.
Type of Review: Renewal of an
information collection.
Background: The Federal Register
Notice with a 60-day comment period
soliciting comments on the following
collection of information was published
on June 22, 2022 (87 FR 37373). The
Secretary of the Department of
Transportation (DOT) and the
Administrator of the Federal Aviation
Administration (FAA) affirmed that all
unmanned aircraft, including model
aircraft, are aircraft. As such, in
accordance with 49 U.S.C. 44101(a) and
as further prescribed in 14 CFR part 48,
registration is required prior to
operation. See 80 FR 63912, 63913
(October 22, 2015). Registration allows
the FAA to provide respondents with
educational materials regarding safety of
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]]>Agencies
[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Notices]
[Pages 2748-2750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00623]
=======================================================================
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
Privacy Act of 1974 System of Records Notice
AGENCY: U.S. Small Business Administration.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: The U.S. Small Business Administration (SBA) proposes to
modify its system of records titled, Government Contracting and
Business Development System (SBA 30), to its inventory of records
systems subject to the Privacy Act of 1974, as amended. Publication of
this notice complies with the Privacy Act and the Office of Management
and Budget (OMB) Circulars A-108 and A-130 requirement for agencies to
publish a notice in the Federal Register whenever the agency
establishes a new, modified or rescinds a system of records. System of
Records Notice (SORN) Government Contracting and Business Development
System, (SBA 30), includes modifying authority, categories of
individuals, categories of records, record source categories, and
routine use. SBA 30 has expanded the scope of its system of records
with additional applications serving a unique purpose for carrying out
the mission of the SBA Office of Government Contracting and Business
Development. SBA 30 collects personal, business, veteran status, and
financial information to determine if applicants qualify and if current
participants certify or are compliant with statutory and regulatory
requirements for continued eligibility for participation in the
following government programs: 8(a) Business Development Program,
Mentor Prot[eacute]g[eacute] Program (MPP) formerly known as All Small
Mentor Prot[eacute]g[eacute] Program (ASMPP), Women Owned Small
Business (WOSB) Federal Contracting Program, Historically Underutilized
Business Zone (HUBZone) Program, Veteran Owned Small Business (VOSB)
Program and any future certification programs deemed necessary by
congress or statute.
DATES: Submit comments on or before February 16, 2023. This revised
system will be effective upon publication.
ADDRESSES: You may submit comments on this notice by any of the
following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments.
Mail/Hand Delivery/Courier: Submit written comments to: Ms.
Beatrice Hidalgo, Office of Government Contracting and Business
Development, U.S. Small Business Administration, 409 3rd Street SW,
Suite 6300, Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT: General questions, please contact Ms.
Hilary F. Cronin, Office of Government Contracting and Business
Development, U.S. Small Business Administration, 409 3rd Street SW,
Suite 6300, Washington, DC 20416 or via email [email protected],
telephone (202) 205-7055. For Privacy related matters, please contact
Stephen Kucharski, (Acting) Chief Information Officer/Senior Agency
Official for Privacy, Office of the Chief Information Officer, U.S.
Small Business Administration, 409 3rd Street SW, Suite 4000,
Washington, DC 20416 or via email to [email protected].
SUPPLEMENTARY INFORMATION: The Privacy Act of 1974 (5 U.S.C. 552a), as
amended, embodies fair information practice principles in a statutory
framework governing the means by which Federal agencies collect,
maintain, use, and disseminate individuals' personal information. The
Privacy Act applies to records about individuals that are maintained in
a ``system of records.'' A system of records is a group of any records
under the control of a Federal agency from which information is
retrieved by the name of an individual or by a number, symbol or
another identifier assigned to the individual. The Privacy Act requires
each Federal agency to publish in the Federal Register a System of
Records Notice (SORN) identifying and describing each system of records
the agency maintains, the purposes for which the Agency uses the
Personally Identifiable Information (PII) in the system, the routine
uses for which the Agency discloses such information outside the
Agency, and how individuals can exercise their rights related to their
PII information.
[[Page 2749]]
The modified Privacy Act system of records for titled, Government
Contracting and Business Development (GCBD) System, (SBA 30) will be
used by small business, SBA personnel and overseen by Office of
Government Contracting and Business Development. SBA 30 collects
personal, business, and financial information and veteran status to
determine if applicants are eligible and if current participants are
compliant with statutory and regulatory requirements for continued
eligibility for participation in the following government programs:
8(a) Business Development Program, MPP, WOSB Federal Contracting
Program, HUBZone Program, and VOSB Federal Contracting Program.
Multiple SBA IT systems/applications are used to certify the
participants on an SBA platform.
Certify.sba.gov is a certification management system used for
elements of initial certification and continuing eligibility functions
for the 8(a) Business Development program and for MPP. Its primary
component is a custom developed application which includes an interface
for small businesses to manage their eligibility documents and
applications for various contracting programs, as well as workflows for
SBA staff.
WOSB.Certify.sba.gov is a certification management system used for
elements of initial certification and continuing eligibility functions
for the WOSB Program. Its primary component is a custom developed
application which includes an interface for small businesses to manage
their eligibility documents and applications for various contracting
programs, as well as workflows for SBA staff. HUBZone Certification
Tracking System (HCTS) is a certification management system used for
elements of initial certification and continuing eligibility for the
HUBZone program. veterans.certify.sba.gov is a certification management
system used for elements of initial application and continuing
eligibility functions for the VOSB program. Its primary component is a
custom developed application which includes an interface for small
businesses to manage their eligibility documents and applications for
various contracting programs, as well as workflows for SBA staff. To be
eligible for certification in SBA's Veteran Small Business
Certification Program, an applicant's small business must be owned and
controlled by one or more qualifying veterans. A ``qualifying veteran''
is a veteran as defined by 38 U.S.C. 101(2) or a service-disabled
veteran. The modification of SBA 30 will not have any undue impact on
the privacy of individuals and its use is compatible with collection.
System Name and Number: Government Contracting and Business
Development System, SBA 30.
System Classification: Unclassified.
System Location: SBA Headquarters, 409 3rd Street SW, Washington,
DC 20416.
System Manager(s): Hilary F. Cronin, Office of Government
Contracting and Business Development, U.S. Small Business
Administration, 409 3rd Street SW, Suite 6300, Washington, DC 20416.
Authority for Maintenance of the System: 15 U.S.C. 636 (j); 15
U.S.C. 637; 15 U.S.C. 657a(a); Public Law 105-13, 111 Stat. 26275 (15
U.S.C. 631); 13 CFR 125.9 and Section 862 of the National Defense
Authorization Act for Fiscal Year 2021, Public Law 116-283, 134 Stat.
3388 (January 1, 2021) (NDAA 2021), amended 38 U.S.C. 8127.
Purposes of the System: To collect personal, business, and
financial information used to determine eligibility of applicants and
current participants in the Agency's certification program to include
but not limited to: 8(a) Business Development Program, Mentor
Prot[eacute]g[eacute] Program (MPP) formerly known as All Small Mentor
Prot[eacute]g[eacute] Program (ASMPP), Women-Owned Small Business
(WOSB) Federal Contracting Program, Historically Underutilized Business
Zone (HUBZone) Program and Veteran Owned Small Business Program.
Categories of Individuals Covered by the System: Applicants and
program participants in SBA's 8(a) Business Development program, Mentor
Prot[eacute]g[eacute] Program, WOSB Federal Contracting Program,
HUBZone Program, and VOSB Federal Contracting Program.
Categories of Records in the System: Personal, business, veteran
status and financial information.
Record Source Categories: Small business applicants or participants
in the 8(a) Business Development program, Mentor Prot[eacute]g[eacute]
Program (formerly known as All Small Mentor Prot[eacute]g[eacute]
Program (ASMPP), HUBZone Program, WOSB Federal Contracting Program, and
VOSB Federal Contracting Program
Routine Uses of Records Maintained in the System, Including
Categories of Users and Purposes of Such Uses: In addition to those
disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy
Act, all or a portion of the information contained in this system may
be disclosed to authorized entities, as is determined to be relevant
and necessary, outside SBA as a routine use pursuant to 5 U.S.C.
552a(b)(3) as follows:
A. To the Department of Justice (DOJ), including offices of the U.S
Attorneys, or other Federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is deemed by the SBA to be relevant and necessary to the
litigation or the SBA has an interest in such litigation when any of
the following are a party to the litigation or have an interest in the
litigation: (1) Any employee or former employee of the SBA in his or
her official capacity; (2) Any employee or former employee of the SBA
in his or her individual capacity when DOJ or SBA has agreed to
represent the employee or a party to the litigation or have an interest
in the litigation; or (3) The United States or any agency thereof.
B. To a Congressional office from the record of an individual in
response to an inquiry from that Congressional office made at the
request of the individual. The member's access rights are no greater
than those of the individual.
C. To the National Archives and Records Administration (NARA) or
General Services Administration (GSA) pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization, including the SBA's Office of
Inspector General, for the purpose of performing audit or oversight
operations as authorized by law, but only such information as is
necessary and relevant to such audit or oversight function.
E. To appropriate agencies, entities, and persons when (1) SBA
suspects or has confirmed that there has been a breach of the system of
records, (2) SBA has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, SBA (including
its information systems, programs, and operations), the Federal
Government, or national security; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with SBA's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
F. To another Federal agency or Federal entity, when SBA determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national
[[Page 2750]]
security, resulting from a suspected or confirmed breach.
G. To another agency or agent of a Government jurisdiction within
or under the control of the U.S., lawfully engaged in national security
or homeland defense when disclosure is undertaken for intelligence,
counterintelligence activities (as defined by 50 U.S.C. 3003(3)),
counterterrorism, homeland security, or related law enforcement
purposes, as authorized by U.S. law or Executive Order.
H. To SBA contractors, grantees, volunteers, interns, and experts
who have been engaged by SBA to assist in the performance and
performance improvement of a servicerelated to this system of records
and who need access to the records to perform this activity. Recipients
of these records shall be required to comply with the requirements of
the Privacy Act of 1974, as amended, 5 U.S.C. Sec. 552a.
Policies and Practices for Storage of Records: Information is
stored electronically and is protected through the implementation of
multi-factor access controls, user permissions, event logging, and
monitoring. External media are further protected using encryption.
Policies and Practices for Retrieval of Records: Records are
retrieved by name of individual, business name, and Unique Entity
Identifier (UEI).
Policies and Practices for Retention and Disposal of Records:
Records are maintained in accordance with latest edition SBA Standard
Operating Procedure (SOP) series 00 41, schedules Records Management
Records 4.1 and Agency Accountability Records 5.7. Records maintained
as part of the General Records Schedules (GRS) are disposed of in
accordance with applicable SBA policies.
Administrative, Technical, and Physical Safeguards: Access and use
are limited to persons with official need to know. Users are evaluated
on a recurring basis to ensure need-to-know still exists. Safeguards
are implemented in accordance with the Federal Information Security
Modernization Act of 2014 (FISMA) and are evaluated on a recurring
basis to ensure desired operation.
Record Access Procedures: Individuals wishing to request access to
records about them should submit a Privacy Act request to the SBA
Chief, Freedom of Information and Privacy Act Office, U.S. Small
Business Administration, 409 Third St. SW, Eighth Floor, Washington, DC
20416 or [email protected]. Individuals must provide their full name,
mailing address, personal email address, telephone number, and a
detailed description of the records being requested. Individuals
requesting access must also follow SBA's Privacy Act regulations
regarding verification of identity and access to records (13 CFR part
102 subpart B).
Contesting Record Procedures: Individuals wishing to contest
information contained in records about them should submit a Privacy Act
request to the SBA Chief, Freedom of Information and Privacy Act
Office, U.S. Small Business Administration, 409 Third St. SW, Eighth
Floor, Washington, DC 20416 or [email protected]. Individuals must provide
their full name, mailing address, personal email address, telephone
number, and a detailed description of the records being requested.
Requesting individuals must follow SBA's Privacy Act regulations
regarding verification of identity and access to records (13 CFR part
102 subpart B).
Notification Procedures: Individuals may make record inquiries in
person or in writing to the Systems Manager through the SBA Chief,
Freedom of Information and Privacy Act Office, U.S. Small Business
Administration, 409 Third St. SW, Eighth Floor, Washington, DC 20416 or
[email protected].
Exemptions Promulgated for the System: None.
History: [FR Doc. 2004-54823, Vol. 69, No. 175]; and [FR Doc. 2021-
07363, Vol. 86, No. 68]
Hilary Cronin,
Director of Technology Solutions, Office of Government Contracting and
Business Development.
[FR Doc. 2023-00623 Filed 1-13-23; 8:45 am]
BILLING CODE 8026-09-P
