Ownership and Control and Contractual Assistance Requirement for the 8(a) Business Development Program; Correction, 21431-21432 [2024-05977]
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21431
Rules and Regulations
Federal Register
Vol. 89, No. 61
Thursday, March 28, 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 125
RIN 3245–AH70
Ownership and Control and
Contractual Assistance Requirement
for the 8(a) Business Development
Program; Correction
Small Business Administration.
Correcting amendment.
AGENCY:
ACTION:
This document corrects a
technical error in the definition of
substantial bundling that appeared in
the Federal Register on April 27, 2023,
a final rule entitled, ‘‘Ownership and
Control and Contractual Assistance
Requirements for the 8(a) Business
Development Program.’’ The definition
of substantial bundling, as it relates to
Blanket Purchase Agreements (BPAs),
improperly limited substantial bundling
to BPAs entered against a U.S. General
Services Administration (GSA)
Schedule Contract. This notice removes
that limitation so that the definition of
substantial bundling applies to all BPAs
and not only BPAs entered against GSA
Schedule Contracts.
DATES: Effective March 28, 2024.
FOR FURTHER INFORMATION CONTACT: Sam
Le at (202) 619–1789 or sam.le@sba.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
ddrumheller on DSK120RN23PROD with RULES1
I. Summary of Errors
This technical correction amends the
definition of substantial bundling in the
U.S. Small Business Administration’s
(SBA’s) regulations at 13 Code of
Federal Regulations (CFR) 125.1. The
definition of substantial bundling, as
previously published on page 26210 of
FR Doc. 2023–07855, mistakenly limited
the scope of substantial bundling, with
respect to BPAs, to apply only to BPAs
entered against GSA Schedule
Contracts, as authorized by Federal
Acquisition Regulations (FAR) subpart
8.4. BPAs, however, may be entered in
other contexts aside from GSA Schedule
VerDate Sep<11>2014
16:00 Mar 27, 2024
Jkt 262001
Contracts, including as authorized by
simplified acquisition procedures at
section 13.303 of the FAR.
The SBA did not intend to limit the
application of the substantial bundling
definition only to BPAs entered against
GSA Schedule Contracts. This is clear
from the preamble to SBA’s final rule,
published at pages 26188–26189 of 88
FR 26164, which reads, ‘‘SBA agrees
that the consolidation and bundling
requirements should apply to BPAs
established with more than one supplier
or a single firm and to both BPAs
established under FAR Part 8 or Part 13
procedures.’’ Furthermore, the
definition of bundling, as defined in the
same final rule that is at issue, applies
to BPAs without any specification for
whether those BPAs are issued against
a GSA Schedule contract or in
accordance with simplified acquisition
procedures. Based on the clear intent in
the preamble and the already
established definition of bundling, SBA
amends the definition of substantial
bundling to remove the reference to
GSA Schedule contracts for BPAs
impacted by substantial bundling.
II. Waiver of Proposed Rulemaking and
Waiver of the Delay in Effective Date
Under the Administrative Procedure
Act (APA) (5 U.S.C. 551, et seq.), while
a notice of proposed rulemaking and an
opportunity for public comment is
generally required before the
promulgation of regulations, this is not
required when an agency, for good
cause, finds that notice and public
comment are impracticable,
unnecessary, or contrary to the public
interest and incorporates a statement of
the reasons for that finding in the
document. The APA also generally
requires that a final rule be effective no
sooner than 30 days after the date of
publication in the Federal Register,
though an agency may also waive this
requirement for good cause found.
Sections 553(b)(B) and 553(d)(3) of
the APA provide the exceptions from
the APA notice and comment and delay
in effective date requirements. Section
553(b)(B) of the APA authorizes an
agency to dispense with normal notice
and comment rulemaking procedures
when the agency finds, for good cause,
that the notice and comment process is
impracticable, unnecessary, or contrary
to the public interest. Additionally, the
agency must state that conclusion and
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
the supporting rationale in the rule.
Similarly, section 553(d)(3) of the APA
allows the agency to waive the 30-day
delay in effective date where good cause
is found and the agency includes that
conclusion and the supporting rationale
in the rule.
The SBA is publishing this technical
correction without advance notice or an
opportunity for comment because it falls
under the ‘‘good cause’’ exception of the
APA, 5 U.S.C. 553(b)(B). This document
corrects technical errors made in the
final rule, which was published in
accordance with the APA after the SBA
proposed the rule and provided the
public with an opportunity to comment
on the proposal. The correction
contained in this document does not
make any substantive changes to the
policies adopted in the final rule and
explained in the preamble. This
document makes a technical correction
within the regulation text to align the
definition of substantial bundling with
the already published definition of
bundling and for consistency with the
policy discussion of the substantial
bundling definition in the preamble to
the final rule. The policy discussion
explained that the substantial bundling
definition would apply to all BPAs and
not just those awarded against GSA
Schedule Contracts, as supported by the
public comments received. Therefore,
the SBA finds good cause to conclude
that it is impracticable, unnecessary,
and contrary to the public interest to
undertake further notice and comment
procedures to incorporate this
correction.
The SBA is also waiving the 30-day
delay in effective date for this
correction. It is in the public interest to
ensure that the final rules setting forth
the definition of substantial bundling be
accurate so that agencies and small
businesses are aware of when a
procurement action falls within that
definition such that the agency prepares
the necessary justification and
completes the required analyses and
assessments to maximize small business
participation to the extent possible. If
the definition of substantial bundling
remains improperly limited in its
application due to the technical
oversight in the definition, there is
potential for small businesses to lose the
opportunity to protest procurement
actions that were not properly
documented to support substantial
E:\FR\FM\28MRR1.SGM
28MRR1
21432
Federal Register / Vol. 89, No. 61 / Thursday, March 28, 2024 / Rules and Regulations
bundling. The SBA finds that delaying
the effective date of this correction
would be contrary to the public interest.
In doing so, the SBA finds good cause
to waive the 30-day delay in the
effective date.
List of Subjects in 13 CFR Part 125
Government contracts, Government
procurement, Reporting and
recordkeeping requirements, Small
businesses, Technical assistance,
Veterans.
1. The authority citation for part 125
continues to read as follows:
Authority: 15 U.S.C. 632(p), (q), 634(b)(6),
637, 644, 657(b), 657(f), 657r, and 657s.
2. Amend § 125.1 by revising the
definition of ‘‘Substantial bundling’’ to
read as follows:
■
§ 125.1 What definitions are important to
SBA’s Government Contracting Programs?
ddrumheller on DSK120RN23PROD with RULES1
*
*
*
*
Substantial bundling means any
bundling that meets or exceeds the
following dollar amounts (if the
acquisition strategy contemplates
multiple award contracts, orders placed
under unrestricted multiple award
contracts, or a Blanket Purchase
Agreement or a task or delivery order
contract awarded by another agency,
these thresholds apply to the
cumulative estimated value of the
Multiple Award Contracts, orders, or
Blanket Purchase Agreement, including
options):
(1) $8.0 million or more for the
Department of Defense;
(2) $6.0 million or more for the
National Aeronautics and Space
Administration, the General Services
Administration, and the Department of
Energy; and
(3) $2.5 million or more for all other
agencies.
BILLING CODE 8026–09–P
VerDate Sep<11>2014
16:00 Mar 27, 2024
Jkt 262001
[Docket No. FAA–2023–1805; Project
Identifier AD–2023–00019–T; Amendment
39–22695; AD 2024–05–04]
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
■
[FR Doc. 2024–05977 Filed 3–27–24; 8:45 am]
14 CFR Part 39
Airworthiness Directives; Gulfstream
Aerospace Corporation Airplanes
PART 125—GOVERNMENT
CONTRACTING PROGRAMS
Larry Stubblefield,
Deputy Associate Administrator, Office of
Government Contracting and Business
Development.
Federal Aviation Administration
RIN 2120–AA64
For the reasons stated above, 13 CFR
part 125 is corrected by making the
following correcting amendments:
*
DEPARTMENT OF TRANSPORTATION
The FAA is superseding
Airworthiness Directive (AD) 2020–23–
04, which applied to certain Gulfstream
Aerospace Corporation Model GVII–
G500 and GVII–G600 airplanes. AD
2020–23–04 required revising the
existing airplane flight manual (AFM)
and airplane maintenance manual
(AMM) to include information
pertaining to the fuel boost pump. This
AD was prompted by a report of
misassembled impellers on the shaft of
the fuel boost pump during production.
This AD retains the requirements of AD
2020–23–04 and requires inspecting
affected fuel boost pumps for proper
installation of the impeller shaft key,
marking affected fuel boost pumps that
pass that inspection, and replacing fuel
boost pumps that fail. This AD also
limits the installation of affected fuel
boost pumps. The FAA is issuing this
AD to address the unsafe condition on
these products.
DATES: This AD is effective May 2, 2024.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of May 2, 2024.
The Director of the Federal Register
approved the incorporation by reference
of certain other publications listed in
this AD as of November 24, 2020 (85 FR
71232, November 9, 2020).
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1805; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this final rule, any comments
received, and other information. The
address for Docket Operations is U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington, DC
20590.
Material Incorporated by Reference:
• For service information identified
in this final rule, contact Gulfstream
SUMMARY:
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Aerospace Corporation, Technical
Publications Dept., P.O. Box 2206,
Savannah, GA 31402–2206; telephone
800–810–4853; email pubs@
gulfstream.com; website
gulfstream.com/en/customer-support.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA,
call 206–231–3195. It is also available at
regulations.gov under Docket No. FAA–
2023–1805.
FOR FURTHER INFORMATION CONTACT:
Jared Meyer, Aviation Safety Engineer,
FAA, 1701 Columbia Avenue, College
Park, GA 30337; phone: 404–474–5534;
email: 9-ASO-ATLACO-ADs@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2020–23–04,
Amendment 39–21320 (85 FR 71232,
November 9, 2020) (AD 2020–23–04).
AD 2020–23–04 applied to certain
Gulfstream Aerospace Corporation
Model GVII–G500 and GVII–G600
airplanes. The NPRM published in the
Federal Register on September 5, 2023
(88 FR 60606). The NPRM was
prompted by a report of misassembled
impellers on the shaft of the fuel boost
pump during production. In the NPRM,
the FAA proposed to continue to require
revising the existing AFM and AMM to
include information pertaining to the
fuel boost pump. The NPRM also
proposed to require inspecting affected
fuel boost pumps for proper installation
of the impeller shaft key, marking
affected fuel boost pumps that pass that
inspection, and replacing fuel boost
pumps that fail. The NPRM also
proposed to limit installation of affected
fuel boost pumps. The FAA is issuing
this AD to prevent the ignition of
flammable vapors in the fuel tank as a
result of frictional heating or sparks
caused by a missing, misplaced, or
dislodged impeller shaft key inside the
fuel boost pump. The unsafe condition,
if not addressed, could result in a
potential source of ignition in the fuel
tank and consequent fire or explosion.
Discussion of Final Airworthiness
Directive
Comments
The FAA received a comment from an
anonymous commenter who supported
the NPRM without change.
The FAA received additional
comments from Gulfstream Aerospace
Corporation (Gulfstream). The following
E:\FR\FM\28MRR1.SGM
28MRR1
Agencies
[Federal Register Volume 89, Number 61 (Thursday, March 28, 2024)]
[Rules and Regulations]
[Pages 21431-21432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05977]
========================================================================
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. 61 / Thursday, March 28, 2024 / Rules
and Regulations
[[Page 21431]]
SMALL BUSINESS ADMINISTRATION
13 CFR Part 125
RIN 3245-AH70
Ownership and Control and Contractual Assistance Requirement for
the 8(a) Business Development Program; Correction
AGENCY: Small Business Administration.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document corrects a technical error in the definition of
substantial bundling that appeared in the Federal Register on April 27,
2023, a final rule entitled, ``Ownership and Control and Contractual
Assistance Requirements for the 8(a) Business Development Program.''
The definition of substantial bundling, as it relates to Blanket
Purchase Agreements (BPAs), improperly limited substantial bundling to
BPAs entered against a U.S. General Services Administration (GSA)
Schedule Contract. This notice removes that limitation so that the
definition of substantial bundling applies to all BPAs and not only
BPAs entered against GSA Schedule Contracts.
DATES: Effective March 28, 2024.
FOR FURTHER INFORMATION CONTACT: Sam Le at (202) 619-1789 or
[email protected].
SUPPLEMENTARY INFORMATION:
I. Summary of Errors
This technical correction amends the definition of substantial
bundling in the U.S. Small Business Administration's (SBA's)
regulations at 13 Code of Federal Regulations (CFR) 125.1. The
definition of substantial bundling, as previously published on page
26210 of FR Doc. 2023-07855, mistakenly limited the scope of
substantial bundling, with respect to BPAs, to apply only to BPAs
entered against GSA Schedule Contracts, as authorized by Federal
Acquisition Regulations (FAR) subpart 8.4. BPAs, however, may be
entered in other contexts aside from GSA Schedule Contracts, including
as authorized by simplified acquisition procedures at section 13.303 of
the FAR.
The SBA did not intend to limit the application of the substantial
bundling definition only to BPAs entered against GSA Schedule
Contracts. This is clear from the preamble to SBA's final rule,
published at pages 26188-26189 of 88 FR 26164, which reads, ``SBA
agrees that the consolidation and bundling requirements should apply to
BPAs established with more than one supplier or a single firm and to
both BPAs established under FAR Part 8 or Part 13 procedures.''
Furthermore, the definition of bundling, as defined in the same final
rule that is at issue, applies to BPAs without any specification for
whether those BPAs are issued against a GSA Schedule contract or in
accordance with simplified acquisition procedures. Based on the clear
intent in the preamble and the already established definition of
bundling, SBA amends the definition of substantial bundling to remove
the reference to GSA Schedule contracts for BPAs impacted by
substantial bundling.
II. Waiver of Proposed Rulemaking and Waiver of the Delay in Effective
Date
Under the Administrative Procedure Act (APA) (5 U.S.C. 551, et
seq.), while a notice of proposed rulemaking and an opportunity for
public comment is generally required before the promulgation of
regulations, this is not required when an agency, for good cause, finds
that notice and public comment are impracticable, unnecessary, or
contrary to the public interest and incorporates a statement of the
reasons for that finding in the document. The APA also generally
requires that a final rule be effective no sooner than 30 days after
the date of publication in the Federal Register, though an agency may
also waive this requirement for good cause found.
Sections 553(b)(B) and 553(d)(3) of the APA provide the exceptions
from the APA notice and comment and delay in effective date
requirements. Section 553(b)(B) of the APA authorizes an agency to
dispense with normal notice and comment rulemaking procedures when the
agency finds, for good cause, that the notice and comment process is
impracticable, unnecessary, or contrary to the public interest.
Additionally, the agency must state that conclusion and the supporting
rationale in the rule. Similarly, section 553(d)(3) of the APA allows
the agency to waive the 30-day delay in effective date where good cause
is found and the agency includes that conclusion and the supporting
rationale in the rule.
The SBA is publishing this technical correction without advance
notice or an opportunity for comment because it falls under the ``good
cause'' exception of the APA, 5 U.S.C. 553(b)(B). This document
corrects technical errors made in the final rule, which was published
in accordance with the APA after the SBA proposed the rule and provided
the public with an opportunity to comment on the proposal. The
correction contained in this document does not make any substantive
changes to the policies adopted in the final rule and explained in the
preamble. This document makes a technical correction within the
regulation text to align the definition of substantial bundling with
the already published definition of bundling and for consistency with
the policy discussion of the substantial bundling definition in the
preamble to the final rule. The policy discussion explained that the
substantial bundling definition would apply to all BPAs and not just
those awarded against GSA Schedule Contracts, as supported by the
public comments received. Therefore, the SBA finds good cause to
conclude that it is impracticable, unnecessary, and contrary to the
public interest to undertake further notice and comment procedures to
incorporate this correction.
The SBA is also waiving the 30-day delay in effective date for this
correction. It is in the public interest to ensure that the final rules
setting forth the definition of substantial bundling be accurate so
that agencies and small businesses are aware of when a procurement
action falls within that definition such that the agency prepares the
necessary justification and completes the required analyses and
assessments to maximize small business participation to the extent
possible. If the definition of substantial bundling remains improperly
limited in its application due to the technical oversight in the
definition, there is potential for small businesses to lose the
opportunity to protest procurement actions that were not properly
documented to support substantial
[[Page 21432]]
bundling. The SBA finds that delaying the effective date of this
correction would be contrary to the public interest. In doing so, the
SBA finds good cause to waive the 30-day delay in the effective date.
List of Subjects in 13 CFR Part 125
Government contracts, Government procurement, Reporting and
recordkeeping requirements, Small businesses, Technical assistance,
Veterans.
For the reasons stated above, 13 CFR part 125 is corrected by
making the following correcting amendments:
PART 125--GOVERNMENT CONTRACTING PROGRAMS
0
1. The authority citation for part 125 continues to read as follows:
Authority: 15 U.S.C. 632(p), (q), 634(b)(6), 637, 644, 657(b),
657(f), 657r, and 657s.
0
2. Amend Sec. 125.1 by revising the definition of ``Substantial
bundling'' to read as follows:
Sec. 125.1 What definitions are important to SBA's Government
Contracting Programs?
* * * * *
Substantial bundling means any bundling that meets or exceeds the
following dollar amounts (if the acquisition strategy contemplates
multiple award contracts, orders placed under unrestricted multiple
award contracts, or a Blanket Purchase Agreement or a task or delivery
order contract awarded by another agency, these thresholds apply to the
cumulative estimated value of the Multiple Award Contracts, orders, or
Blanket Purchase Agreement, including options):
(1) $8.0 million or more for the Department of Defense;
(2) $6.0 million or more for the National Aeronautics and Space
Administration, the General Services Administration, and the Department
of Energy; and
(3) $2.5 million or more for all other agencies.
Larry Stubblefield,
Deputy Associate Administrator, Office of Government Contracting and
Business Development.
[FR Doc. 2024-05977 Filed 3-27-24; 8:45 am]
BILLING CODE 8026-09-P