Providing Discretion To Extend Women-Owned Small Business Program Recertification Where Appropriate, 16445-16446 [2024-04854]
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16445
Rules and Regulations
Federal Register
Vol. 89, No. 46
Thursday, March 7, 2024
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.
SMALL BUSINESS ADMINISTRATION
13 CFR Part 127
RIN 3245–AI11
Providing Discretion To Extend
Women-Owned Small Business
Program Recertification Where
Appropriate
U.S. Small Business
Administration.
ACTION: Interim final rule.
AGENCY:
This interim final rule
contains amendments to the regulations
governing the Women-Owned Small
Business (WOSB) program. The U.S.
Small Business Administration (SBA) is
revising its regulations to specifically
recognize that the SBA Administrator
may extend the date of WOSB
recertification where appropriate.
DATES: This interim final rule is
effective March 7, 2024. Comments
must be received on or before May 6,
2024.
SUMMARY:
You may submit comments,
identified by RIN 3245–AI11, and/or
Docket Number SBA–2–24–0001 by any
of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov and follow the
instructions for submitting comments.
• Mail (for paper, disk, or CD–ROM
submissions): Harry T. Alexander Jr.,
Business Opportunity Specialist, Office
of Contracting Assistance, U.S. Small
Business Administration, 409 Third
Street SW, Washington, DC 20416.
Instructions: All submissions received
must include the agency name and
docket number or Regulatory
Information Number (RIN) for this
rulemaking. All comments received will
be posted on https://
www.regulations.gov. If you wish to
submit confidential business
information (CBI) as defined in the User
Notice at https://www.regulations.gov,
please submit the comments to Harry T.
Alexander Jr. and highlight the
khammond on DSKJM1Z7X2PROD with RULES
ADDRESSES:
VerDate Sep<11>2014
15:19 Mar 06, 2024
Jkt 262001
information that you consider to be CBI
and explain why you believe this
information should be held confidential.
FOR FURTHER INFORMATION CONTACT:
Harry T. Alexander Jr., U.S. Small
Business Administration, Office of
Contracting Assistance, 409 Third Street
SW, Washington, DC 20416; (202) 619–
0314, harry.alexanderjr@sba.gov.
SUPPLEMENTARY INFORMATION: Section
127.400 of SBA’s WOSB regulations
specifies that any concern seeking to
remain a certified WOSB or
Economically Disadvantaged WomenOwned Small Business (EDWOSB) must
undergo a program examination every
three years. Currently, there is no
discretion in postponing recertification
beyond the three-year anniversary date
of a firm’s WOSB or EDWOSB
certification. SBA believes that SBA
should have the discretion to postpone
a firm’s recertification date in
appropriate circumstances. SBA is not
seeking to eliminate the requirement
that a firm must demonstrate that it
continues to be eligible for the WOSB
program or that SBA must recertify the
firm as eligible. This change would
merely recognize that there may be
appropriate circumstances in which
SBA may permit recertification to occur
beyond three years from the date of the
last certification. This change will not
have substantive effect on eligibility for
or the award of contracts set-aside or
reserved for WOSBs/EDWOSBs.
Regardless of whether a recertification
has recently occurred or not, a firm
must qualify as a WOSB/EDWOSB on
the date that it submits its initial offer,
which includes price, for a WOSB/
EDWOSB contract, reserve, or order
issued under a contract that was not
itself set-aside or reserved for WOSBs or
EDWOSBs. Any interested party may
protest the status of a WOSB or
EDWOSB who has been identified as the
apparent successful offeror. If a
protested firm does not continue to
qualify as a WOSB/EDWOSB as of the
date of its initial offer which includes
price, SBA will find the firm ineligible
for award. This rule does not change or
affect that process in any way.
To effectuate the discretion identified
above, this rule adds a new § 127.400(c),
which gives specific authority to SBA to
postpone the date of WOSB/EDWOSB
recertification where appropriate
circumstances exist. SBA’s
Administrator, or designee, will have
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
the sole discretion in determining
whether such circumstances exist and
there will be no authority to appeal or
challenge that decision.
Compliance With Executive Orders
12866, 12988, 13132, 13563, the
Congressional Review Act (5 U.S.C.
801–808), the Paperwork Reduction Act
(44 U.S.C. Ch. 35), and the Regulatory
Flexibility Act (5 U.S.C. 601–612)
Executive Order 12866
The Office of Management and Budget
has determined that this rule is not a
‘‘significant regulatory action’’ under
Executive Order No. 12866. This rule
merely provides specific discretion to
SBA’s Administrator or designee to
postpone the date of WOSB
recertification where appropriate. It
does not make any substantive changes
to the WOSB program.
As such, the rule has no effect on the
amount or dollar value of any Federal
contract requirements or of any
financial assistance provided through
SBA. Therefore, the rule is not likely to
have an annual economic effect of $200
million or more, result in a major
increase in costs or prices, or have a
significant adverse effect on competition
or the United States economy. In
addition, this rule does not create a
serious inconsistency or otherwise
interfere with an action taken or
planned by another agency, materially
alter the budgetary impact of
entitlements, grants, user fees, loan
programs, or the rights and obligations
of such recipients, nor raise novel legal
or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
Executive Order 13563
Executive Order 13563, Improving
Regulation and Regulatory Review
(January 18, 2011), requires agencies to
adopt regulations through a process that
involves public participation, and to the
extent feasible, base regulations on the
open exchange of information and
perspectives from affected stakeholders
and the public as a whole. SBA has
developed this rule in a manner
consistent with these requirements, and
the public will have the opportunity to
provide comments following the
publication of this rule.
E:\FR\FM\07MRR1.SGM
07MRR1
16446
Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Rules and Regulations
Executive Order 12988
This action meets applicable
standards set forth in section 3(a) and
3(b)(2) of Executive Order 12988, Civil
Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden. The action does not have
retroactive or preemptive effect.
Executive Order 13132
This rule does not have Federalism
implications as defined in Executive
Order 13132. It will not have substantial
direct effects on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in the
Executive Order. As such, it does not
warrant the preparation of a Federalism
Assessment.
Congressional Review Act (5 U.S.C. 801–
808)
The Congressional Review Act, 5
U.S.C. 801 et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a ‘‘major rule’’ may take
effect, the agency promulgating the rule
must submit a rule report, which
includes a copy of the rule, to each
House of the Congress and to the
Comptroller General of the United
States. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This rule is not a
‘‘major rule’’ under 5 U.S.C. 804(2).
Paperwork Reduction Act
The SBA has determined that this rule
does not impose additional reporting or
recordkeeping requirements under the
Paperwork Reduction Act, 44 U.S.C.
Chapter 35.
khammond on DSKJM1Z7X2PROD with RULES
Regulatory Flexibility Act
The Regulatory Flexibility Act of
1980, as amended (RFA), 5 U.S.C. 601–
612, requires Federal Government
agencies to prepare an initial regulatory
flexibility analysis (IRFA) to consider
the potential impact of the regulations
on small entities. Small entities include
small businesses, small not-for-profit
organizations, and small governmental
jurisdictions. Section 605 of the RFA
allows an agency to certify a rule, in lieu
of preparing a regulatory flexibility
analysis, if the rulemaking is not
expected to have a significant economic
impact on a substantial number of small
entities.
This interim final rule provides
discretion to SBA to postpone the date
on which a firm must undergo a
VerDate Sep<11>2014
15:19 Mar 06, 2024
Jkt 262001
program examination and be recertified
as an eligible WOSB or EDWOSB.
Currently, SBA or a third-party certifier
will conduct a program examination
three years after the concern’s initial
WOSB or EDWOSB certification. This
rule merely allows SBA to postpone that
program examination and recertification
process in appropriate, extraordinary
circumstances. As such, SBA does not
anticipate that this rule will have a
significant economic impact on any
small business. Therefore, the
Administrator of SBA certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
ACTION:
List of Subjects in 13 CFR Part 127
FOR FURTHER INFORMATION CONTACT:
Government contracts, Reporting and
recordkeeping requirements, Small
businesses.
Accordingly, for the reasons stated in
the preamble, SBA amends 13 CFR part
127 as follows:
PART 127—WOMEN-OWNED SMALL
BUSINESS FEDERAL CONTRACT
PROGRAM
1. The authority citation for part 127
continues to read as follows:
■
Authority: 15 U.S.C. 632, 634(b)(6),
637(m), 644 and 657r.
2. Amend § 127.400 by adding
paragraph (c) to read as follows:
■
§ 127.400 How does a concern maintain its
WOSB or EDWOSB certification?
*
*
*
*
*
(c) The SBA Administrator or
designee may postpone the program
examination and recertification process
in appropriate, extraordinary
circumstances.
Isabella Casillas Guzman,
Administrator.
[FR Doc. 2024–04854 Filed 3–6–24; 8:45 am]
BILLING CODE 8026–03–P
Final rule; withdrawal.
This action withdraws the
final rule published in the Federal
Register on January 11, 2024, amending
Very High Frequency Omnidirectional
Range (VOR) Federal Airway V–4 in the
vicinity of Burley, ID. Unanticipated
issues affecting the completion of this
action have made this withdrawal
action necessary.
SUMMARY:
Effective date 0901 UTC, March
7, 2024, the final rule published on
January 11, 2024 (89 FR 1801) is
withdrawn.
DATES:
Steven Roff, Rules and Regulations
Group, Office of Policy, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
History
The FAA published a final rule in the
Federal Register for Docket No. FAA–
2023–2453 (89 FR 1801, January 11,
2024) amending VOR Federal Airway
V–4 in the vicinity of Burley, ID. The
effective date of that rule is March 21,
2024. The final rule incorrectly listed
the airspace docket number as 22–
ANM–57. The correct docket number is
23–ANM–57. After publishing the final
rule, the FAA discovered unintended
consequences to Instrument Flight Rules
(IFR) procedures caused by the airway
amendment. As a result, the FAA is
withdrawing this action until the
amendments to the airway and IFR
procedures can be published
concurrently. The FAA plans to publish
another final rule with a new airspace
docket number in the future to amend
VOR Federal Airway V–4.
The Withdrawal
14 CFR Part 71
Accordingly, pursuant to the authority
delegated to me, the final rule published
in the Federal on January 11, 2024 (89
FR 1801), FR Doc. 2024–00071, is
hereby withdrawn.
[Docket No. FAA–2023–2453; Airspace
Docket No. 23–ANM–57]
Issued in Washington, DC, on February 29,
2024.
RIN 2120–AA66
Frank Lias,
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Amendment of Very High Frequency
Omnidirectional Range Federal Airway
V–4 in the Vicinity of Burley, ID
■
Manager, Rules and Regulations Group.
[FR Doc. 2024–04758 Filed 3–6–24; 8:45 am]
BILLING CODE 4910–13–P
Federal Aviation
Administration (FAA), DOT.
AGENCY:
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
E:\FR\FM\07MRR1.SGM
07MRR1
Agencies
[Federal Register Volume 89, Number 46 (Thursday, March 7, 2024)]
[Rules and Regulations]
[Pages 16445-16446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04854]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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.
========================================================================
Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Rules
and Regulations
[[Page 16445]]
SMALL BUSINESS ADMINISTRATION
13 CFR Part 127
RIN 3245-AI11
Providing Discretion To Extend Women-Owned Small Business Program
Recertification Where Appropriate
AGENCY: U.S. Small Business Administration.
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: This interim final rule contains amendments to the regulations
governing the Women-Owned Small Business (WOSB) program. The U.S. Small
Business Administration (SBA) is revising its regulations to
specifically recognize that the SBA Administrator may extend the date
of WOSB recertification where appropriate.
DATES: This interim final rule is effective March 7, 2024. Comments
must be received on or before May 6, 2024.
ADDRESSES: You may submit comments, identified by RIN 3245-AI11, and/or
Docket Number SBA-2-24-0001 by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov and
follow the instructions for submitting comments.
Mail (for paper, disk, or CD-ROM submissions): Harry T.
Alexander Jr., Business Opportunity Specialist, Office of Contracting
Assistance, U.S. Small Business Administration, 409 Third Street SW,
Washington, DC 20416.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
rulemaking. All comments received will be posted on https://www.regulations.gov. If you wish to submit confidential business
information (CBI) as defined in the User Notice at https://www.regulations.gov, please submit the comments to Harry T. Alexander
Jr. and highlight the information that you consider to be CBI and
explain why you believe this information should be held confidential.
FOR FURTHER INFORMATION CONTACT: Harry T. Alexander Jr., U.S. Small
Business Administration, Office of Contracting Assistance, 409 Third
Street SW, Washington, DC 20416; (202) 619-0314,
[email protected].
SUPPLEMENTARY INFORMATION: Section 127.400 of SBA's WOSB regulations
specifies that any concern seeking to remain a certified WOSB or
Economically Disadvantaged Women-Owned Small Business (EDWOSB) must
undergo a program examination every three years. Currently, there is no
discretion in postponing recertification beyond the three-year
anniversary date of a firm's WOSB or EDWOSB certification. SBA believes
that SBA should have the discretion to postpone a firm's
recertification date in appropriate circumstances. SBA is not seeking
to eliminate the requirement that a firm must demonstrate that it
continues to be eligible for the WOSB program or that SBA must
recertify the firm as eligible. This change would merely recognize that
there may be appropriate circumstances in which SBA may permit
recertification to occur beyond three years from the date of the last
certification. This change will not have substantive effect on
eligibility for or the award of contracts set-aside or reserved for
WOSBs/EDWOSBs. Regardless of whether a recertification has recently
occurred or not, a firm must qualify as a WOSB/EDWOSB on the date that
it submits its initial offer, which includes price, for a WOSB/EDWOSB
contract, reserve, or order issued under a contract that was not itself
set-aside or reserved for WOSBs or EDWOSBs. Any interested party may
protest the status of a WOSB or EDWOSB who has been identified as the
apparent successful offeror. If a protested firm does not continue to
qualify as a WOSB/EDWOSB as of the date of its initial offer which
includes price, SBA will find the firm ineligible for award. This rule
does not change or affect that process in any way.
To effectuate the discretion identified above, this rule adds a new
Sec. 127.400(c), which gives specific authority to SBA to postpone the
date of WOSB/EDWOSB recertification where appropriate circumstances
exist. SBA's Administrator, or designee, will have the sole discretion
in determining whether such circumstances exist and there will be no
authority to appeal or challenge that decision.
Compliance With Executive Orders 12866, 12988, 13132, 13563, the
Congressional Review Act (5 U.S.C. 801-808), the Paperwork Reduction
Act (44 U.S.C. Ch. 35), and the Regulatory Flexibility Act (5 U.S.C.
601-612)
Executive Order 12866
The Office of Management and Budget has determined that this rule
is not a ``significant regulatory action'' under Executive Order No.
12866. This rule merely provides specific discretion to SBA's
Administrator or designee to postpone the date of WOSB recertification
where appropriate. It does not make any substantive changes to the WOSB
program.
As such, the rule has no effect on the amount or dollar value of
any Federal contract requirements or of any financial assistance
provided through SBA. Therefore, the rule is not likely to have an
annual economic effect of $200 million or more, result in a major
increase in costs or prices, or have a significant adverse effect on
competition or the United States economy. In addition, this rule does
not create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency, materially alter the
budgetary impact of entitlements, grants, user fees, loan programs, or
the rights and obligations of such recipients, nor raise novel legal or
policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in the Executive Order.
Executive Order 13563
Executive Order 13563, Improving Regulation and Regulatory Review
(January 18, 2011), requires agencies to adopt regulations through a
process that involves public participation, and to the extent feasible,
base regulations on the open exchange of information and perspectives
from affected stakeholders and the public as a whole. SBA has developed
this rule in a manner consistent with these requirements, and the
public will have the opportunity to provide comments following the
publication of this rule.
[[Page 16446]]
Executive Order 12988
This action meets applicable standards set forth in section 3(a)
and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden. The action does not
have retroactive or preemptive effect.
Executive Order 13132
This rule does not have Federalism implications as defined in
Executive Order 13132. It will not have substantial direct effects on
the States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in the Executive Order. As
such, it does not warrant the preparation of a Federalism Assessment.
Congressional Review Act (5 U.S.C. 801-808)
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a ``major rule'' may take effect, the
agency promulgating the rule must submit a rule report, which includes
a copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. A major rule cannot take
effect until 60 days after it is published in the Federal Register.
This rule is not a ``major rule'' under 5 U.S.C. 804(2).
Paperwork Reduction Act
The SBA has determined that this rule does not impose additional
reporting or recordkeeping requirements under the Paperwork Reduction
Act, 44 U.S.C. Chapter 35.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980, as amended (RFA), 5 U.S.C.
601-612, requires Federal Government agencies to prepare an initial
regulatory flexibility analysis (IRFA) to consider the potential impact
of the regulations on small entities. Small entities include small
businesses, small not-for-profit organizations, and small governmental
jurisdictions. Section 605 of the RFA allows an agency to certify a
rule, in lieu of preparing a regulatory flexibility analysis, if the
rulemaking is not expected to have a significant economic impact on a
substantial number of small entities.
This interim final rule provides discretion to SBA to postpone the
date on which a firm must undergo a program examination and be
recertified as an eligible WOSB or EDWOSB. Currently, SBA or a third-
party certifier will conduct a program examination three years after
the concern's initial WOSB or EDWOSB certification. This rule merely
allows SBA to postpone that program examination and recertification
process in appropriate, extraordinary circumstances. As such, SBA does
not anticipate that this rule will have a significant economic impact
on any small business. Therefore, the Administrator of SBA certifies
under 5 U.S.C. 605(b) that this rule will not have a significant
economic impact on a substantial number of small entities.
List of Subjects in 13 CFR Part 127
Government contracts, Reporting and recordkeeping requirements,
Small businesses.
Accordingly, for the reasons stated in the preamble, SBA amends 13
CFR part 127 as follows:
PART 127--WOMEN-OWNED SMALL BUSINESS FEDERAL CONTRACT PROGRAM
0
1. The authority citation for part 127 continues to read as follows:
Authority: 15 U.S.C. 632, 634(b)(6), 637(m), 644 and 657r.
0
2. Amend Sec. 127.400 by adding paragraph (c) to read as follows:
Sec. 127.400 How does a concern maintain its WOSB or EDWOSB
certification?
* * * * *
(c) The SBA Administrator or designee may postpone the program
examination and recertification process in appropriate, extraordinary
circumstances.
Isabella Casillas Guzman,
Administrator.
[FR Doc. 2024-04854 Filed 3-6-24; 8:45 am]
BILLING CODE 8026-03-P