Clarification to HUBZone Program Updates and Clarifications and Potential Reforms, 76751-76752 [2024-21362]

Download as PDF lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Proposed Rules states is taken out of context by Holtec/ Palisades. The petitioner contends that returning a plant that has entered the decommissioning process to an operational status does not meet the applicability requirements of 10 CFR 50.12, ‘‘Specific exemptions;’’ 50.59, ‘‘Changes, tests and experiments’’ and 50.90, ‘‘Application for amendment of license, construction permit, or early site permit.’’ The petitioner also states that a generic rulemaking to establish a Commission-approved process for returning a decommissioning plant to operational status is necessary as Palisades is the first plant seeking NRC approval to transition from a decommissioning status back to operations. The petitioner did not provide proposed regulatory language but rather proposed elements that should be included in the rulemaking. These elements include decommissioning status and configuration verification, aging management, quality assurance during restart and operations, equipment maintenance, personnel qualifications, license expirations, hearing process, appropriate licensing basis, startup testing, and NRC catchup review, as well as completion of past, open commitments. In addition, the petitioner requests that the NRC revise its regulations to require the NRC to review all materials associated with license transfers to new entities for the purpose of completion of decommissioning. The petitioner also requests that the NRC revise its regulations to require that entities previously approved primarily for decommissioning activities submit a new license transfer application in accordance with 10 CFR 50.80, ‘‘Transfer of licenses,’’ before that entity can be qualified to engage in activities associated with power operations. The petitioner contends that this requirement would ensure that the NRC assesses the qualifications of the requesting entity based on evidence of its operational capabilities and not evidence of its decommissioning qualifications. Only public comments responsive to PRM–50–125 regarding the request that the NRC revise its regulations to include a Commission-approved process for returning a decommissioning plant to an operational status will be considered. Note that this is a separate process from the ongoing NRC consideration of requested actions related to the potential restart of the Palisades Nuclear Plant, which has separate Docket IDs, and can be found at NRC–2024–0128 and NRC–2024–0130. VerDate Sep<11>2014 16:07 Sep 18, 2024 Jkt 262001 IV. Conclusion The NRC has determined that the petition meets the sufficiency requirements for docketing a PRM under 10 CFR 2.803, ‘‘Petition for rulemakingNRC action.’’ The NRC will examine the issues raised in PRM–50–125 and any comments received in response to this comment request to determine whether these issues should be considered in rulemaking. While the petition is being evaluated, the NRC staff will continue to follow existing regulations for its regulatory activities. The public can monitor further action on the rulemaking that will address this petition by searching Docket ID NRC– 2024–0135 on the Federal rulemaking website, https://www.regulations.gov. The site allows members of the public to receive alerts when changes or additions occur in a docket folder. To subscribe: (1) navigate to the docket folder (NRC–2024–0135); (2) click the ‘‘Subscribe’’ link; and (3) enter an email address and click on the ‘‘Subscribe’’ link. The NRC also tracks the status of all NRC rules and PRMs on its website at https://www.nrc.gov/about-nrc/ regulatory/rulemaking/rulespetitions.html. Dated: September 10, 2024. For the Nuclear Regulatory Commission. Carrie Safford, Secretary of the Commission. [FR Doc. 2024–20936 Filed 9–18–24; 8:45 am] BILLING CODE 7590–01–P SMALL BUSINESS ADMINISTRATION 13 CFR Part 126 Clarification to HUBZone Program Updates and Clarifications and Potential Reforms U.S. Small Business Administration. ACTION: Clarification to proposed rule. AGENCY: The U.S. Small Business Administration (SBA or Agency) publishes this document to clarify the scope of a proposed rule published on August 23, 2024. The proposed rule is intended to clarify and improve policies implemented as part of a comprehensive revision to the Historically Underutilized Business Zone (HUBZone) program regulations in 2019; to propose several changes to SBA’s size and 8(a) Business Development (BD) regulations, and technical changes to the Women-Owned Small Business (WOSB) and Veteran Small Business Certification (VetCert) programs; and to move program-specific SUMMARY: PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 76751 recertification requirements to a new section that would cover all size and status recertification requirements. The proposed rule does not address the exclusion from affiliation available to mentor-protégé joint ventures or the applicability of the HUBZone price evaluation preference to HUBZone joint ventures formed under the MentorProtégé Program. Those issues are outside the scope of the proposed rule. DATES: Comments on the proposed rule published at 89 FR 68274 (Aug. 23, 2024) must be received on or before October 7, 2024. ADDRESSES: You may submit comments, identified by Docket No. SBA–2024– 0007 or RIN 3245–AH68, by any of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov and follow the instructions for submitting comments. • Mail (for paper submissions): Laura Maas, HUBZone Program, 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 Laura Maas and highlight the information that you consider to be CBI and explain why you believe this information should be held confidential. SBA will make a final determination as to whether the comments will be published or not. FOR FURTHER INFORMATION CONTACT: Laura Maas, Deputy Director, Office of HUBZone, hubzone@sba.gov, (202) 205– 7341. SUPPLEMENTARY INFORMATION: SBA issued a proposed rule concerning the HUBZone program regulations under RIN 3245–AH68. 89 FR 68274 (Aug. 23, 2024). The proposed rule is intended to clarify and improve several regulatory provisions, including those governing HUBZone contract eligibility. The proposed rule would also make several changes to SBA’s size and 8(a) Business Development (BD) program regulations. In particular, the rulemaking would consolidate and redesignate the separate recertification requirements for SBA’s size, 8(a) BD, HUBZone, Woman-Owned Small Business, and Service-Disabled Veteran-Owned Small Business programs to a new section to reduce confusion and to ensure consistent application of the size and status recertification requirements. E:\FR\FM\19SEP1.SGM 19SEP1 lotter on DSK11XQN23PROD with PROPOSALS1 76752 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Proposed Rules Additionally, the proposed rule would make several clarifications and changes to the Mentor-Protégé Program. First, it would clarify that mentors must be organized as for-profit business concerns. Second, the rule also proposed to establish consequences and options following the acquisition of a firm that is currently participating as a mentor in SBA’s Mentor-Protégé Program. Third, the proposed rule would revise the Mentor-Protégé Program regulations to make clear that a business concern cannot be a protégé for a total of more than 12 years. The proposed rule has a 45-day comment period, with comments due on or before October 7, 2024. Pursuant to the Agency’s Tribal Consultation Policy, SBA consults with Tribes, Alaska Native Corporations (ANC), and other Native communities prior to implementing regulatory or policy changes with a direct and substantial effect on their participation in the HUBZone and 8(a) BD programs. SBA recognizes that regular communication and collaboration between the SBA and its Tribal and ANC stakeholders are vital to improving their program participation experience and maximizing the benefits to Native American communities, even where SBA is not actively considering program policy changes. SBA therefore makes efforts to consult Native communities periodically to obtain input on how the SBA could improve its programs. To these ends, SBA announced that it was holding Tribal consultations concerning the proposed rule and the following two matters. 89 FR 59010 (July 22, 2024). First, the proposed rule explained that SBA was seeking input on how best to implement Executive Order (E.O.) 14112, Reforming Federal Funding and Support for Tribal Nations To Better Embrace Our Trust Responsibilities and Promote the Next Era of Tribal SelfDetermination, which directed agencies to identify and execute policy reforms designed to promote accessible, equitable, and flexible administration of Federal funding and support programs for Tribal Nations to better live up to the Federal Government’s trust responsibilities and help address the needs of all Tribal Nations. The Agency requested comments on several potential opportunities for reform as well as one change SBA had already made to address the business and economic development needs of Tribal Nations. Second, SBA requested comments on prospective policy changes addressing joint venture participation in SBA programs. Specifically, SBA requested input on the perception that mentor- VerDate Sep<11>2014 16:07 Sep 18, 2024 Jkt 262001 protégé joint ventures are winning an inordinate number of orders issued under small business multiple award contracts and suggestions on how to incentivize a more equitable marketplace for individual small businesses who compete against mentor-protégé joint ventures for multiple award, small business contracts. SBA also sought comments on the perception that small businesses often enter joint ventures to seek multiple award contract awards because procuring agency past performance and experience requirements make it difficult for many small businesses to qualify for the awards individually. SBA explained it was considering whether to propose eliminating the exception to affiliation between an SBA-approved mentor and its protégé for multiple award contracts to address this concern. In the alternative, the Agency might consider proposing a rule that would allow an exclusion from affiliation for a joint venture between a protégé firm and its mentor only for contracts or orders that do not exceed five years. Lastly, the proposed rule stated SBA was considering steps to eliminate the applicability of the HUBZone price evaluation preference to HUBZone joint ventures formed under the MentorProtégé Program. This document clarifies that the above-referenced possible prospective policy change to eliminate or restrict the exclusion from affiliation available to mentor-protégé joint ventures is outside the scope of the proposed rule published on August 23, 2024. Additionally, SBA is not addressing the applicability of the HUBZone price evaluation preference to HUBZone joint ventures formed under the MentorProtégé Program as part of this proposed rule. To the extent SBA decides to propose amendments to its mentorprotégé joint venture policies beyond those outlined in the rulemaking published on August 23, 2024, the Agency would do so through a separate proposed notice and comment rulemaking action in which all interested SBA stakeholders may participate. Jaqueline Robinson-Burnette, Associate Administrator, Office of Government Contracting and Business Development. [FR Doc. 2024–21362 Filed 9–18–24; 8:45 am] BILLING CODE 8026–09–P PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–2143; Project Identifier AD–2024–00008–A] RIN 2120–AA64 Airworthiness Directives; Piper Aircraft, Inc. Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to adopt a new airworthiness directive (AD) for certain Piper Aircraft, Inc. (Piper) Model PA–28–140, PA–28–150, PA–28–160, PA–28–180, PA–28S–160, PA–28S–180, PA–28–236, PA–28–201T, PA–32–300, PA–32R–300, PA–32RT–300, PA–32RT– 300T, PA–32–301FT, PA–32–301XTC, PA–32R–301 (HP), PA–32R–301 (SP), PA–32R–301T, PA–32–301, and PA–32– 301T airplanes. This proposed AD was prompted by a report of a wing separation caused by fatigue cracking in a visually inaccessible area of the lower main wing spar cap and additional reports of fatigue cracking in the wing spars of airplanes that share common type design features. This proposed AD would require reviewing airplane maintenance records to determine if an eddy current inspection of the lower main wing spar bolt holes was done and, depending on the result, doing a one-time eddy current inspection of the lower wing spar bolt holes for crack(s), and replacing any cracked main wing spar. The FAA is proposing this AD to address the unsafe condition on these products. DATES: The FAA must receive comments on this proposed AD by November 4, 2024. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. AD Docket: You may examine the AD docket at regulations.gov under Docket SUMMARY: E:\FR\FM\19SEP1.SGM 19SEP1

Agencies

[Federal Register Volume 89, Number 182 (Thursday, September 19, 2024)]
[Proposed Rules]
[Pages 76751-76752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21362]


=======================================================================
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SMALL BUSINESS ADMINISTRATION

13 CFR Part 126


Clarification to HUBZone Program Updates and Clarifications and 
Potential Reforms

AGENCY: U.S. Small Business Administration.

ACTION: Clarification to proposed rule.

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

SUMMARY: The U.S. Small Business Administration (SBA or Agency) 
publishes this document to clarify the scope of a proposed rule 
published on August 23, 2024. The proposed rule is intended to clarify 
and improve policies implemented as part of a comprehensive revision to 
the Historically Underutilized Business Zone (HUBZone) program 
regulations in 2019; to propose several changes to SBA's size and 8(a) 
Business Development (BD) regulations, and technical changes to the 
Women-Owned Small Business (WOSB) and Veteran Small Business 
Certification (VetCert) programs; and to move program-specific 
recertification requirements to a new section that would cover all size 
and status recertification requirements. The proposed rule does not 
address the exclusion from affiliation available to mentor-
prot[eacute]g[eacute] joint ventures or the applicability of the 
HUBZone price evaluation preference to HUBZone joint ventures formed 
under the Mentor-Prot[eacute]g[eacute] Program. Those issues are 
outside the scope of the proposed rule.

DATES: Comments on the proposed rule published at 89 FR 68274 (Aug. 23, 
2024) must be received on or before October 7, 2024.

ADDRESSES: You may submit comments, identified by Docket No. SBA-2024-
0007 or RIN 3245-AH68, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov 
and follow the instructions for submitting comments.
     Mail (for paper submissions): Laura Maas, HUBZone Program, 
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 Laura Maas and 
highlight the information that you consider to be CBI and explain why 
you believe this information should be held confidential. SBA will make 
a final determination as to whether the comments will be published or 
not.

FOR FURTHER INFORMATION CONTACT: Laura Maas, Deputy Director, Office of 
HUBZone, [email protected], (202) 205-7341.

SUPPLEMENTARY INFORMATION: SBA issued a proposed rule concerning the 
HUBZone program regulations under RIN 3245-AH68. 89 FR 68274 (Aug. 23, 
2024). The proposed rule is intended to clarify and improve several 
regulatory provisions, including those governing HUBZone contract 
eligibility. The proposed rule would also make several changes to SBA's 
size and 8(a) Business Development (BD) program regulations. In 
particular, the rulemaking would consolidate and redesignate the 
separate recertification requirements for SBA's size, 8(a) BD, HUBZone, 
Woman-Owned Small Business, and Service-Disabled Veteran-Owned Small 
Business programs to a new section to reduce confusion and to ensure 
consistent application of the size and status recertification 
requirements.

[[Page 76752]]

Additionally, the proposed rule would make several clarifications and 
changes to the Mentor-Prot[eacute]g[eacute] Program. First, it would 
clarify that mentors must be organized as for-profit business concerns. 
Second, the rule also proposed to establish consequences and options 
following the acquisition of a firm that is currently participating as 
a mentor in SBA's Mentor-Prot[eacute]g[eacute] Program. Third, the 
proposed rule would revise the Mentor-Prot[eacute]g[eacute] Program 
regulations to make clear that a business concern cannot be a 
prot[eacute]g[eacute] for a total of more than 12 years. The proposed 
rule has a 45-day comment period, with comments due on or before 
October 7, 2024.
    Pursuant to the Agency's Tribal Consultation Policy, SBA consults 
with Tribes, Alaska Native Corporations (ANC), and other Native 
communities prior to implementing regulatory or policy changes with a 
direct and substantial effect on their participation in the HUBZone and 
8(a) BD programs. SBA recognizes that regular communication and 
collaboration between the SBA and its Tribal and ANC stakeholders are 
vital to improving their program participation experience and 
maximizing the benefits to Native American communities, even where SBA 
is not actively considering program policy changes. SBA therefore makes 
efforts to consult Native communities periodically to obtain input on 
how the SBA could improve its programs. To these ends, SBA announced 
that it was holding Tribal consultations concerning the proposed rule 
and the following two matters. 89 FR 59010 (July 22, 2024).
    First, the proposed rule explained that SBA was seeking input on 
how best to implement Executive Order (E.O.) 14112, Reforming Federal 
Funding and Support for Tribal Nations To Better Embrace Our Trust 
Responsibilities and Promote the Next Era of Tribal Self-Determination, 
which directed agencies to identify and execute policy reforms designed 
to promote accessible, equitable, and flexible administration of 
Federal funding and support programs for Tribal Nations to better live 
up to the Federal Government's trust responsibilities and help address 
the needs of all Tribal Nations. The Agency requested comments on 
several potential opportunities for reform as well as one change SBA 
had already made to address the business and economic development needs 
of Tribal Nations.
    Second, SBA requested comments on prospective policy changes 
addressing joint venture participation in SBA programs. Specifically, 
SBA requested input on the perception that mentor-prot[eacute]g[eacute] 
joint ventures are winning an inordinate number of orders issued under 
small business multiple award contracts and suggestions on how to 
incentivize a more equitable marketplace for individual small 
businesses who compete against mentor-prot[eacute]g[eacute] joint 
ventures for multiple award, small business contracts. SBA also sought 
comments on the perception that small businesses often enter joint 
ventures to seek multiple award contract awards because procuring 
agency past performance and experience requirements make it difficult 
for many small businesses to qualify for the awards individually. SBA 
explained it was considering whether to propose eliminating the 
exception to affiliation between an SBA-approved mentor and its 
prot[eacute]g[eacute] for multiple award contracts to address this 
concern. In the alternative, the Agency might consider proposing a rule 
that would allow an exclusion from affiliation for a joint venture 
between a prot[eacute]g[eacute] firm and its mentor only for contracts 
or orders that do not exceed five years. Lastly, the proposed rule 
stated SBA was considering steps to eliminate the applicability of the 
HUBZone price evaluation preference to HUBZone joint ventures formed 
under the Mentor-Prot[eacute]g[eacute] Program.
    This document clarifies that the above-referenced possible 
prospective policy change to eliminate or restrict the exclusion from 
affiliation available to mentor-prot[eacute]g[eacute] joint ventures is 
outside the scope of the proposed rule published on August 23, 2024. 
Additionally, SBA is not addressing the applicability of the HUBZone 
price evaluation preference to HUBZone joint ventures formed under the 
Mentor-Prot[eacute]g[eacute] Program as part of this proposed rule. To 
the extent SBA decides to propose amendments to its mentor-
prot[eacute]g[eacute] joint venture policies beyond those outlined in 
the rulemaking published on August 23, 2024, the Agency would do so 
through a separate proposed notice and comment rulemaking action in 
which all interested SBA stakeholders may participate.

Jaqueline Robinson-Burnette,
Associate Administrator, Office of Government Contracting and Business 
Development.
[FR Doc. 2024-21362 Filed 9-18-24; 8:45 am]
BILLING CODE 8026-09-P
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