Federal Acquisition Regulation: Credit for Lower-Tier Small Business Subcontracting, 19045-19046 [2023-06172]

Download as PDF lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Proposed Rules federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed action merely proposes to approve state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and In addition, there are no areas of Indian country within the CJPA, and the state plan for which the EPA is proposing approval does not apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. Therefore, this proposed action does not have tribal implications and would not, if approved, impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). Executive Order 12898 (Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, Feb. 16, 1994) directs Federal agencies to identify and address VerDate Sep<11>2014 16:50 Mar 29, 2023 Jkt 259001 ‘‘disproportionately high and adverse human health or environmental effects’’ of their actions on minority populations and low-income populations to the greatest extent practicable and permitted by law. EPA defines environmental justice (EJ) as ‘‘the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.’’ EPA further defines the term fair treatment to mean that ‘‘no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.’’ The air agency did not evaluate environmental justice considerations as part of its SIP submittal; the CAA and applicable implementing regulations neither prohibit nor require an evaluation. EPA performed an environmental justice analysis, as is described above in the section titled, ‘‘Environmental Justice Considerations.’’ The analysis was done for the purpose of providing additional context and information about this rulemaking to the public, not as a basis of the action. Due to the nature of the action being taken here, this action is expected to have a neutral to positive impact on the air quality of the affected area. In addition, there is no information in the record upon which this decision is based that is inconsistent with the stated goal of E.O. 12898 of achieving environmental justice for people of color, low-income populations, and Indigenous peoples. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: March 24, 2023. Kerry Drake, Acting Regional Administrator, Region IX. [FR Doc. 2023–06578 Filed 3–29–23; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 19045 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 19, 42, and 52 [FAR Case 2018–003, Docket No. FAR– 2018–0003, Sequence No. 1] RIN 9000–AN61 Federal Acquisition Regulation: Credit for Lower-Tier Small Business Subcontracting Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule; withdrawal. AGENCY: DoD, GSA, and NASA are withdrawing this proposed rule. The decision not to proceed with a final rule was made because the underlying statute has been changed. Accordingly, this proposed rule is withdrawn, and the FAR case is closed. DATES: The proposed rule published on June 6, 2019, at 84 FR 30071, is withdrawn as of March 30, 2023. ADDRESSES: Regulatory Secretariat Division (MVCB), 1800 F Street NW, 7th Floor, Washington, DC 20405, 202–501– 4755. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Ms. Carrie Moore, Procurement Analyst, at 571–300–5917, or by email at carrie.moore@gsa.gov. For information pertaining to status, publication schedules, or alternate instructions for submitting comments if https:// www.regulations.gov cannot be used, contact the Regulatory Secretariat Division at 202–501–4755 or GSARegSec@gsa.gov. Please cite ‘‘FAR Case 2018–003’’. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background On June 6, 2019, DoD, GSA, and NASA proposed to amend the FAR to implement section 1614 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2014 (Pub. L. 113–66), as implemented by the Small Business Administration (SBA) in its final rule published on December 23, 2016, at 81 FR 94246. SBA’s final rule and section 1614 address credit for lower-tier small business subcontracting. On December 19, 2022, SBA published a proposed rule at 87 FR 77529 to amend its regulations to implement section 870 of the NDAA for FY 2020 (Pub. L. 116–92), E:\FR\FM\30MRP1.SGM 30MRP1 19046 Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Proposed Rules which amended the requirements set forth in section 1614 of the NDAA for FY 2014. Section 870 of the NDAA for FY 2020 made three changes that require SBA to change some of the provisions set forth in its December 2016 final rule as follows: (1) A prime contractor may elect, in some instances, to receive credit toward its subcontracting plan for lower-tier subcontracts to small businesses; (2) Agencies are prohibited from setting tier-specific goals for prime contractors that use lower-tier credit; and (3) Subcontracting plans are required to recite the records that contractors will maintain to substantiate lower-tier credit. Because of the statutory changes made since the proposed rule was issued in 2019, the FAR Council believes further consideration of any amendments to the FAR related to credit for lower-tier subcontracting should be accomplished under a new FAR case. Accordingly, the proposed rule published on June 6, 2019, at 84 FR 30071 is withdrawn and FAR Case 2018–003 is closed. Section 1614 of the NDAA for FY 2014, as amended by section 870 of the NDAA for FY 2022, will be implemented via a new FAR case. List of Subjects in 48 CFR Parts 19, 42, and 52 Government procurement. William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. [FR Doc. 2023–06172 Filed 3–29–23; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 230320–0079] RIN 0648–BM09 lotter on DSK11XQN23PROD with PROPOSALS1 Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2023 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: NMFS proposes Federal management measures for the 2023 SUMMARY: VerDate Sep<11>2014 16:50 Mar 29, 2023 Jkt 259001 summer flounder, scup, and black sea bass recreational fisheries. The implementing regulations for these fisheries require NMFS to publish recreational measures for the fishing year and to provide an opportunity for public comment. The intent of this action is to set management measures that allow the recreational fisheries to achieve, but not exceed, the recreational harvest targets and thereby prevent overfishing of the summer flounder, scup, and black sea bass stocks. DATES: Comments must be received by April 14, 2023. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2023–0019 by the following method: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA–NMFS–2023–0019 in the Search box. Click on the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. Instructions: Comments sent by any other method, to any other address or individual or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Policy Analyst, (978) 281–9116, or Emily.Keiley@ noaa.gov. SUPPLEMENTARY INFORMATION: Background The Mid-Atlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission cooperatively manage summer flounder, scup, and black sea bass. The Council and the Commission’s Management Boards meet jointly each year to recommend recreational management measures. For summer flounder and black sea bass, we must implement coastwide measures or approve conservation-equivalent measures per 50 CFR 648.102(d) and 648.142(d), as soon as possible following the Council and Commission’s recommendation. This action proposes establishing conservation equivalency for both PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 species in 2023. For scup, we are proposing adjustments to the Federal recreational season and possession limit. Recreational Management Measures Process This is the first time a new approach for developing recreational summer flounder, scup, and black sea bass recreational management measures will be used. The new process, part of Framework Adjustment 17 to the Summer Flounder and Black Sea Bass Fishery Management Plan (FMP) and Framework Adjustment 6 to the Bluefish Fishery Management Plan (March 9, 2023, 88 FR 14499), referred to as the Percent Change Approach, which is a harvest control rule designed by the Council and Commission for use in managing Mid-Atlantic recreational fisheries, uses two factors to determine if management measures could remain status quo, could be liberalized, or must be restricted. These two factors are: (1) A comparison of a confidence interval (CI) around an estimate of expected harvest under status quo measures to the average recreational harvest limit (RHL) for the upcoming 2 years and; (2) biomass compared to the target level, as defined by the most recent stock assessment. These two factors also determine the appropriate degree of change, defined as a percentage change in expected harvest. Changes to recreational management measures to achieve the required percent change are evaluated by the Monitoring Committee consisting of representatives from the Commission, the Council, state marine fishery agencies from Massachusetts to North Carolina, and NMFS. The FMP limits the choices for the types of measures to: Minimum and/or maximum fish size; per angler possession limit; and fishing season. A description of the application of this process for each species is provided below. The Council and the Board then consider the Monitoring Committee’s recommendations and any public comment in making their recommendations. The Council forwards its recommendations to NMFS for review. The Commission similarly adopts recommendations for the states. NMFS is required to review the Council’s recommendations to ensure that they are consistent with the targets specified for summer flounder, scup, and black sea bass in the FMP and all applicable laws and Executive Orders before ultimately implementing measures for Federal waters. Commission measures are final at the time they are adopted. E:\FR\FM\30MRP1.SGM 30MRP1

Agencies

[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Proposed Rules]
[Pages 19045-19046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06172]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 19, 42, and 52

[FAR Case 2018-003, Docket No. FAR-2018-0003, Sequence No. 1]
RIN 9000-AN61


Federal Acquisition Regulation: Credit for Lower-Tier Small 
Business Subcontracting

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule; withdrawal.

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SUMMARY: DoD, GSA, and NASA are withdrawing this proposed rule. The 
decision not to proceed with a final rule was made because the 
underlying statute has been changed. Accordingly, this proposed rule is 
withdrawn, and the FAR case is closed.

DATES: The proposed rule published on June 6, 2019, at 84 FR 30071, is 
withdrawn as of March 30, 2023.

ADDRESSES: Regulatory Secretariat Division (MVCB), 1800 F Street NW, 
7th Floor, Washington, DC 20405, 202-501-4755.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Carrie Moore, Procurement Analyst, at 571-300-5917, or by email at 
[email protected]. For information pertaining to status, publication 
schedules, or alternate instructions for submitting comments if https://www.regulations.gov cannot be used, contact the Regulatory Secretariat 
Division at 202-501-4755 or [email protected]. Please cite ``FAR Case 
2018-003''.

SUPPLEMENTARY INFORMATION: 

I. Background

    On June 6, 2019, DoD, GSA, and NASA proposed to amend the FAR to 
implement section 1614 of the National Defense Authorization Act (NDAA) 
for Fiscal Year (FY) 2014 (Pub. L. 113-66), as implemented by the Small 
Business Administration (SBA) in its final rule published on December 
23, 2016, at 81 FR 94246. SBA's final rule and section 1614 address 
credit for lower-tier small business subcontracting. On December 19, 
2022, SBA published a proposed rule at 87 FR 77529 to amend its 
regulations to implement section 870 of the NDAA for FY 2020 (Pub. L. 
116-92),

[[Page 19046]]

which amended the requirements set forth in section 1614 of the NDAA 
for FY 2014. Section 870 of the NDAA for FY 2020 made three changes 
that require SBA to change some of the provisions set forth in its 
December 2016 final rule as follows: (1) A prime contractor may elect, 
in some instances, to receive credit toward its subcontracting plan for 
lower-tier subcontracts to small businesses; (2) Agencies are 
prohibited from setting tier-specific goals for prime contractors that 
use lower-tier credit; and (3) Subcontracting plans are required to 
recite the records that contractors will maintain to substantiate 
lower-tier credit.
    Because of the statutory changes made since the proposed rule was 
issued in 2019, the FAR Council believes further consideration of any 
amendments to the FAR related to credit for lower-tier subcontracting 
should be accomplished under a new FAR case. Accordingly, the proposed 
rule published on June 6, 2019, at 84 FR 30071 is withdrawn and FAR 
Case 2018-003 is closed. Section 1614 of the NDAA for FY 2014, as 
amended by section 870 of the NDAA for FY 2022, will be implemented via 
a new FAR case.

List of Subjects in 48 CFR Parts 19, 42, and 52

    Government procurement.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2023-06172 Filed 3-29-23; 8:45 am]
BILLING CODE 6820-EP-P

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