80 FR 12353 - Small Business Government Contracting and National Defense Authorization Act of 2013 Amendments

SMALL BUSINESS ADMINISTRATION

Federal Register Volume 80, Issue 45 (March 9, 2015)

Page Range		12353-12354
FR Document		2015-05316

The U.S. Small Business Administration (SBA) is reopening the comment period for the proposed rule published in the Federal Register on December 29, 2014 at 79 FR 77955. In that rule SBA proposed to implement provisions of the National Defense Authorization Act of 2013, which pertain to performance requirements applicable to small business and socioeconomic program set aside contracts and small business subcontracting. SBA also proposed to make changes to its regulations concerning the nonmanufacturer rule and affiliation rules. Further, SBA proposed to allow a joint venture to qualify as small for any government procurement as long as each partner to the joint venture qualifies individually as small under the size standard corresponding to the NAICS code assigned in the solicitation. Finally, SBA requested comments on the timeline and procedures for North American Industry Classification System code appeals. The comment period closed on February 27, 2015. SBA is reopening the comment period in response to the significant level of interest generated by the proposed rule and due to the request of multiple stakeholders. Given the scope of the proposed rule and the nature of the issues raised by the comments received to date, SBA believes that affected businesses need more time to review the proposal and fully prepare their comments.

Federal Register, Volume 80 Issue 45 (Monday, March 9, 2015)

[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Proposed Rules]
[Pages 12353-12354]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05316]


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SMALL BUSINESS ADMINISTRATION

13 CFR Parts 121, 124, 125, 126 and 127

[Docket No. SBA-2014-0006]
RIN 3245-AG58


Small Business Government Contracting and National Defense 
Authorization Act of 2013 Amendments

AGENCY: U.S. Small Business Administration.

ACTION: Proposed rule; reopening of comment period.

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

SUMMARY: The U.S. Small Business Administration (SBA) is reopening the 
comment period for the proposed rule published in the Federal Register 
on December 29, 2014 at 79 FR 77955. In that rule SBA proposed to 
implement provisions of the National Defense Authorization Act of 2013, 
which pertain to performance requirements applicable to small business 
and socioeconomic program set aside contracts and small business 
subcontracting. SBA also proposed to make changes to its regulations 
concerning the nonmanufacturer rule and affiliation rules. Further, SBA 
proposed to allow a joint venture to qualify as small for any 
government procurement as long as each partner to the joint venture 
qualifies individually as small under the size standard corresponding 
to the NAICS code assigned in the solicitation. Finally, SBA requested 
comments on the timeline and procedures for North American Industry 
Classification System code appeals. The comment period closed on 
February 27, 2015.
    SBA is reopening the comment period in response to the significant 
level of interest generated by the proposed rule and due to the request 
of multiple stakeholders. Given the scope of the proposed rule and the 
nature of the issues raised by the comments received to date, SBA 
believes that affected businesses need more time to review the proposal 
and fully prepare their comments.

DATES: The comment period for the proposed rule published on December 
29, 2014 (79 FR 77955) is extended through April 6, 2015.

ADDRESSES: You may submit comments, identified by Docket Number: SBA-
2014-0006, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     For mail, paper, disk, or CD/ROM submissions: Brenda 
Fernandez, U.S. Small Business Administration, Office of Policy, 
Planning and Liaison, 409 Third Street SW., 8th Floor, Washington, DC 
20416.
     Hand Delivery/Courier: Brenda Fernandez, U.S. Small 
Business Administration, Office of Policy, Planning and Liaison, 409 
Third Street SW., 8th Floor, Washington, DC 20416.
    SBA will post all comments on www.regulations.gov. If you wish to 
submit confidential business information (CBI) as defined in the User 
Notice at www.regulations.gov, please submit the information to Brenda 
Fernandez, U.S. Small Business Administration, Office of Policy, 
Planning and Liaison, 409 Third Street SW., 8th Floor, Washington, DC 
20416, or send an email to [email protected]. Highlight the 
information that

[[Page 12354]]

you consider to be CBI and explain why you believe SBA should hold this 
information as confidential. SBA will review the information and make 
the final determination on whether it will publish the information.

FOR FURTHER INFORMATION CONTACT: Brenda Fernandez, Office of Policy, 
Planning and Liaison, 409 Third Street SW., Washington, DC 20416; (202) 
207-7337; [email protected].

    Dated: March 3, 2015.
Kenneth Dodds,
Director, Office of Policy, Planning & Liaison, Office of Government 
Contracting & Business Development.
[FR Doc. 2015-05316 Filed 3-6-15; 8:45 am]
 BILLING CODE 8025-01-P

Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Proposed Rules 12353

justification for capping the allocation extent commenters provide confidential that rule SBA proposed to implement
assigned to a single entity; (3) the business information, pursuant to 10 provisions of the National Defense
possibility of different caps for different CFR 1004.11, any person submitting Authorization Act of 2013, which
types of suppliers; (4) the criteria for information he or she believes to be pertain to performance requirements
classifying a supplier as a small entity confidential and exempt by law from applicable to small business and
exempt from the allocation formula; (5) public disclosure should submit via socioeconomic program set aside
goods and services that pose no or de email, postal mail, or hand delivery/ contracts and small business
minimis risk of triggering the courier two well-marked copies: One subcontracting. SBA also proposed to
international supplementary fund; (6) copy of the document marked make changes to its regulations
alternative methodologies for evaluating ‘‘confidential’’ including all the concerning the nonmanufacturer rule
risk, including examples of existing risk information believed to be confidential, and affiliation rules. Further, SBA
allocation mechanisms in the nuclear and one copy of the document marked proposed to allow a joint venture to
industry; and (7) potential modification ‘‘non-confidential’’ with the information qualify as small for any government
to simplify, minimize and/or clarify the believed to be confidential deleted. procurement as long as each partner to
burden on industry. Submit these documents via email or on the joint venture qualifies individually
In addition, DOE intends to conduct a CD, if feasible. DOE will make its own as small under the size standard
additional data and information determination about the confidential corresponding to the NAICS code
gathering in response to and in status of the information and treat it assigned in the solicitation. Finally,
consideration of statements in the according to its determination. Factors SBA requested comments on the
written comments and at the public of interest to DOE when evaluating timeline and procedures for North
workshop. These statements suggest requests to treat submitted information American Industry Classification
certain additional information should be as confidential include: (1) A System code appeals. The comment
obtained by DOE and is necessary for description of the items; (2) whether period closed on February 27, 2015.
the public to comment on the NOPR. In and why such items are customarily SBA is reopening the comment period
response to these statements, DOE is treated as confidential within the in response to the significant level of
requesting any entity that believes industry; (3) whether the information is interest generated by the proposed rule
additional information is needed to generally known by or available from and due to the request of multiple
provide detailed comments as to the other sources; (4) whether the stakeholders. Given the scope of the
specific information it believes is information has previously been made proposed rule and the nature of the
needed. available to others without obligation issues raised by the comments received
DOE is enumerating several general concerning its confidentiality; (5) an to date, SBA believes that affected
questions to assist DOE in its additional explanation of the competitive injury to businesses need more time to review the
data gathering effort. The general the submitting person which would proposal and fully prepare their
questions for which DOE seeks result from public disclosure; (6) when comments.
comment are: (1) What data and such information might lose its
information should be gathered on U.S. DATES: The comment period for the
confidential character due to the proposed rule published on December
nuclear suppliers and their exports (for passage of time; and (7) why disclosure
example, what entity should be 29, 2014 (79 FR 77955) is extended
of the information would be contrary to through April 6, 2015.
considered the exporter (especially in the public interest.
situations where a supplier employs an ADDRESSES: You may submit comments,
entity to facilitate the export), should Issued in Washington, DC, on March 4, identified by Docket Number: SBA–
quantity, value and/or another factor be 2015. 2014–0006, by any of the following
used to measure exports, and what time Samuel T. Walsh, methods:
period should be used); (2) what data Deputy General Counsel for Energy Policy. • Federal eRulemaking Portal: http://
and information should be gathered on [FR Doc. 2015–05405 Filed 3–6–15; 8:45 am] www.regulations.gov. Follow the
nuclear suppliers to inform reporting BILLING CODE 6450–01–P instructions for submitting comments.
requirements (for example, what are the • For mail, paper, disk, or CD/ROM
recordkeeping methods employed in the submissions: Brenda Fernandez, U.S.
nuclear industry and what is currently SMALL BUSINESS ADMINISTRATION Small Business Administration, Office
reported to other government agencies); of Policy, Planning and Liaison, 409
and (3) what data and information 13 CFR Parts 121, 124, 125, 126 and Third Street SW., 8th Floor,
should be gathered on the allocation of 127 Washington, DC 20416.
risk across and among nuclear suppliers • Hand Delivery/Courier: Brenda
[Docket No. SBA–2014–0006]
and nuclear supplier groups. Comments Fernandez, U.S. Small Business
concerning additional information to be RIN 3245–AG58 Administration, Office of Policy,
gathered will facilitate DOE’s effort to Planning and Liaison, 409 Third Street
obtain additional data and information Small Business Government SW., 8th Floor, Washington, DC 20416.
to inform the proposed rulemaking and Contracting and National Defense SBA will post all comments on
should be provided to DOE by April 17, Authorization Act of 2013 Amendments www.regulations.gov. If you wish to
2015. DOE intends to make the AGENCY: U.S. Small Business submit confidential business
additional data and information it Administration. information (CBI) as defined in the User
tkelley on DSK3SPTVN1PROD with PROPOSALS

obtains available for public review and ACTION: Proposed rule; reopening of Notice at www.regulations.gov, please
comment, the date and timing of which comment period. submit the information to Brenda
will be announced in a subsequent Fernandez, U.S. Small Business
Federal Register notice. SUMMARY: The U.S. Small Business Administration, Office of Policy,
DOE will consider any comments Administration (SBA) is reopening the Planning and Liaison, 409 Third Street
received by midnight of April 17, 2015, comment period for the proposed rule SW., 8th Floor, Washington, DC 20416,
and deems any comments received by published in the Federal Register on or send an email to brenda.fernandez@
that time to be timely submitted. To the December 29, 2014 at 79 FR 77955. In sba.gov. Highlight the information that

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12354 Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Proposed Rules

you consider to be CBI and explain why Dockets Office between 9:00 a.m. and will be date/time stamped and returned
you believe SBA should hold this 5:00 p.m., Monday through Friday, to the commenter.
information as confidential. SBA will except Federal holidays. The Docket All communications received before
review the information and make the Office (telephone 1–800–647–5527), is the specified closing date for comments
final determination on whether it will on the ground floor of the building at will be considered before taking action
publish the information. the above address. on the proposed rule. The proposal
FOR FURTHER INFORMATION CONTACT: FAA Order 7400.9Y, Airspace contained in this notice may be changed
Brenda Fernandez, Office of Policy, Designations and Reporting Points, and in light of the comments received. A
Planning and Liaison, 409 Third Street subsequent amendments can be viewed report summarizing each substantive
SW., Washington, DC 20416; (202) 207– online at http://www.faa.gov/air_traffic/ public contact with FAA personnel
7337; brenda.fernandez@sba.gov. publications/. The Order is also concerned with this rulemaking will be
available for inspection at the National filed in the docket.
Dated: March 3, 2015.
Archives and Records Administration Availability of NPRMs
Kenneth Dodds,
(NARA). For information on the
Director, Office of Policy, Planning & Liaison, availability of this proposed An electronic copy of this document
Office of Government Contracting & Business may be downloaded from and
Development.
incorporation by reference material at
NARA, call 202–741–6030, or go to comments submitted through http://
[FR Doc. 2015–05316 Filed 3–6–15; 8:45 am] www.regulations.gov. Recently
http://www.archives.gov/federal_
BILLING CODE 8025–01–P
register/code_of_federal-regulations/ibr_ published rulemaking documents can
locations.html. also be accessed through the FAA’s Web
FAA Order 7400.9, Airspace page at http://www.faa.gov/airports_
DEPARTMENT OF TRANSPORTATION Designations and Reporting Points, is airtraffic/air_traffic/publications/
published yearly and effective on airspace_amendments/.
Federal Aviation Administration September 15. For further information, You may review the public docket
you can contact the Airspace Policy and containing the proposal, any comments
14 CFR Part 71 Regulations Group, Federal Aviation received, and any final disposition in
[Docket No. FAA–2014–0969; Airspace Administration, 800 Independence person in the Dockets Office (see the
Docket No. 14–ASO–20] Avenue SW., Washington, DC 20591; ADDRESSES section for address and
telephone: 202–267–8783. phone number) between 9:00 a.m. and
Proposed Revocation of Class E 5:00 p.m., Monday through Friday,
FOR FURTHER INFORMATION CONTACT: John
Airspace; Lexington, TN except Federal Holidays. An informal
Fornito, Operations Support Group,
docket may also be examined between
AGENCY: Federal Aviation Eastern Service Center, Federal Aviation
8:00 a.m. and 4:30 p.m., Monday
Administration (FAA), DOT. Administration, P.O. Box 20636,
through Friday, except Federal Holidays
ACTION: Notice of proposed rulemaking Atlanta, Georgia 30320; telephone (404)
at the office of the Eastern Service
(NPRM). 305–6364.
Center, Federal Aviation
SUPPLEMENTARY INFORMATION: Administration, room 350, 1701
SUMMARY: This action proposes to
remove Class E Airspace at Lexington, Comments Invited Columbia Avenue, College Park, Georgia
TN, as the Franklin Wilkins Airport has 30337.
Interested persons are invited to Persons interested in being placed on
been abandoned, and controlled comment on this rule by submitting
airspace is no longer required. This a mailing list for future NPRM’s should
such written data, views, or arguments, contact the FAA’s Office of Rulemaking,
action would enhance the safety and as they may desire. Comments that
airspace management around the (202) 267–9677, to request a copy of
provide the factual basis supporting the Advisory circular No. 11–2A, Notice of
Lexington, TN, area. views and suggestions presented are Proposed Rulemaking distribution
DATES: Comments must be received on particularly helpful in developing System, which describes the application
or before April 23, 2015. The Director of reasoned regulatory decisions on the procedure.
the Federal Register approves this proposal. Comments are specifically
incorporation by reference action under invited on the overall regulatory, Availability and Summary of
title 1, Code of Federal Regulations, part aeronautical, economic, environmental, Documents for Incorporation by
51, subject to the annual revision of and energy-related aspects of the Reference
FAA, Order 7400.9 and publication of proposal. This document proposes to amend
conforming amendments. Communications should identify both FAA Order 7400.9Y, airspace
ADDRESSES: Send comments on this rule docket numbers (FAA Docket No. FAA– Designations and Reporting Points,
to: U.S. Department of Transportation, 2014–0969; Airspace Docket No. 14– dated August 6, 2014, and effective
Docket Operations,1200 New Jersey ASO–20) and be submitted in triplicate September 15, 2014. FAA Order
Avenue SE., West Bldg Ground Floor to the Docket Management System (see 7400.9Y is publicly available as listed in
Rm. W12–140, Washington, DC 20590– ADDRESSES section for address and the ADDRESSES section of this proposed
0001; Telephone: 1–800–647–5527; Fax: phone number). You may also submit rule. FAA Order 7400.9Y lists Class A,
202–493–2251. You must identify the comments through the Internet at B, C, D, and E airspace areas, air traffic
Docket Number FAA–2014–0969; http://www.regulations.gov. service routes, and reporting points.
tkelley on DSK3SPTVN1PROD with PROPOSALS

Airspace Docket No. 14–ASO–20, at the Persons wishing the FAA to
beginning of your comments. You may acknowledge receipt of their comments The Proposal
also submit and review received on this action must submit with those The FAA is considering an
comments through the Internet at comments a self-addressed stamped amendment to Title 14, Code of Federal
http://www.regulations.gov. You may postcard on which the following Regulations (14 CFR) part 71 to remove
review the public docket containing the statement is made: ‘‘Comments to Class E airspace extending upward from
proposal, any comments received, and Docket No. FAA–2014–0969; Airspace 700 feet above the surface at Franklin
any final disposition in person in the Docket No. 14–ASO–20.’’ The postcard Wilkins Airport, Lexington, TN. The

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Document Created: 2015-12-18 12:05:35
Document Modified: 2015-12-18 12:05:35

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule; reopening of comment period.
Dates		The comment period for the proposed rule published on December 29, 2014 (79 FR 77955) is extended through April 6, 2015.
Contact		Brenda Fernandez, Office of Policy, Planning and Liaison, 409 Third Street SW., Washington, DC 20416; (202) 207-7337; [email protected]
FR Citation		80 FR 12353
RIN Number		3245-AG58
CFR Citation		13 CFR 121 13 CFR 124 13 CFR 125 13 CFR 126 13 CFR 127