81_FR_95189 81 FR 94941 - Small Business Mentor Protégé Programs; Correction

81 FR 94941 - Small Business Mentor Protégé Programs; Correction

SMALL BUSINESS ADMINISTRATION

Federal Register Volume 81, Issue 248 (December 27, 2016)

Page Range94941-94942
FR Document2016-30873

The U.S. Small Business Administration (SBA) published a final rule in the Federal Register on July 25, 2016, amending its regulations to establish a new Government-wide mentor-prot[eacute]g[eacute] program for all small business concerns, consistent with SBA's mentor- prot[eacute]g[eacute] program for Participants in SBA's 8(a) Business Development (BD) program. The rule also made several additional changes to current size, 8(a), Office of Hearings and Appeals, and HUBZone regulations, concerning among other things, ownership and control, changes in primary industry, economic disadvantage of a Native Hawaiian Organization (NHO), standards of review, and interested party status for some appeals. This document makes several technical corrections to that final rule, eliminating a portion of a sentence concerning joint venture profits.

Federal Register, Volume 81 Issue 248 (Tuesday, December 27, 2016) 
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Rules and Regulations]
[Pages 94941-94942]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30873]


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SMALL BUSINESS ADMINISTRATION

13 CFR Parts 125, 126, and 127

RIN 3245-AG24


Small Business Mentor Prot[eacute]g[eacute] Programs; Correction

AGENCY: U.S. Small Business Administration.

ACTION: Correcting amendments.

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

SUMMARY: The U.S. Small Business Administration (SBA) published a final 
rule in the Federal Register on July 25, 2016, amending its regulations 
to establish a new Government-wide mentor-prot[eacute]g[eacute] program 
for all small business concerns, consistent with SBA's mentor-
prot[eacute]g[eacute] program for Participants in SBA's 8(a) Business 
Development (BD) program. The rule also made several additional changes 
to current size, 8(a), Office of Hearings and Appeals, and HUBZone 
regulations, concerning among other things, ownership and control, 
changes in primary industry, economic disadvantage of a Native Hawaiian 
Organization (NHO), standards of review, and interested party status 
for some appeals. This document makes several technical corrections to 
that final rule, eliminating a portion of a sentence concerning joint 
venture profits.

DATES: Effective December 27, 2016.

FOR FURTHER INFORMATION CONTACT: Michael McLaughlin, Office of Policy, 
Planning & Liaison, U.S. Small Business Administration, 409 Third 
Street SW., Washington, DC 20416; 202-205-5353; 
[email protected].

SUPPLEMENTARY INFORMATION: The final rule published on July 25, 2016, 
at 81 FR 48557, contained errors that must be corrected in order ensure 
consistency within the regulations and to avoid public uncertainty or 
confusion.
    On October 19, 2016, SBA issued a correction pertaining to 8(a) 
joint venture profits. 81 FR 71981. As SBA explained, due to the change 
made to Sec.  121.103(h), which eliminated the ability of a joint 
venture to be populated with individuals intended to perform contracts 
awarded to the joint venture, a conforming correction was needed to 
Sec.  124.513(c), which references populated joint ventures. 
Specifically, Sec.  124.513(c)(4) provided that in the case of a 
populated separate legal entity joint venture, 8(a) Participant(s) must 
receive profits from the joint venture commensurate with their 
ownership interests in the joint venture. Because SBA eliminated 
populated joint ventures, that provision was superfluous and was 
deleted. SBA's 8(a) joint venture rule now states that the 8(a) 
Participant(s) in a joint venture must receive profits from the joint 
venture commensurate with the work performed by the 8(a) 
Participant(s). 13 CFR 124.513(c)(4). This change was necessary because 
under the mentor prot[eacute]g[eacute] program, a prot[eacute]g[eacute] 
may perform as little as 40% of the total work performed by the joint 
venture in aggregate. It would not make sense to require a firm to 
receive 51% of the profits for doing only 40% of the work.
    The same language that SBA corrected in the 8(a) regulations is 
currently in place for joint ventures under all small mentor 
prot[eacute]g[eacute], Service-Disabled Veteran-Owned, Women-Owned and 
HUBZone small business programs. SBA's intent was for profits to be 
commensurate with the work performed by each member of the joint 
venture. These rules currently state that in the case of a separate 
legal entity, the firm must receive profits commensurate with their 
ownership interests in the joint venture, which is contrary to SBA's 
intent. Consequently, SBA is correcting Sec. Sec.  125.8(b)(2)(iv), 
125.18(b)(2)(iv), 126.616(c)(4) and 127.506(c)(4) to the make the rules 
consistent with 124.513(c)(4) and across all programs.

List of Subjects

13 CFR 125

    Government contracts, Government procurement, Reporting and 
recordkeeping requirements, Small businesses, Technical assistance, 
Veterans.

13 CFR 126

    Administrative practice and procedure, Government procurement, 
Penalties, Reporting and recordkeeping requirements, Small businesses.

13 CFR 127

    Government contracts, Reporting and recordkeeping requirements, 
Small businesses.

    Accordingly, 13 CFR parts 125, 126, and 127 are 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, 657f, and 
657q.


0
2. In Sec.  125.8, revise paragraph (b)(2)(iv) to read as follows:


Sec.  125.8  What requirements must a joint venture satisfy to submit 
an offer for a procurement or sale set aside or reserved for small 
business?

* * * * *
    (c) * * *
    (2) * * *
    (iv) Stating that each participant must receive profits from the 
joint venture commensurate with the work performed by the concern;
* * * * *

0
3. In Sec.  125.18, revise paragraph (b)(2)(iv) to read as follows:


Sec.  125.18  What requirements must an SDVO SBC meet to submit an 
offer on a contract?

* * * * *
    (b) * * *
    (2) * * *
    (iv) Stating that the SDVO SBC(s) must receive profits from the 
joint venture commensurate with the work performed by the SDVO SBC;
* * * * *

PART 126--HUBZONE PROGRAM

0
4. The authority citation for part 126 continues to read as follows:

    Authority: 15 U.S.C. 632(a), 632(j), 632(p), 644; and 657a; Pub. 
L. 111-240, 24 Stat. 2504.


0
5. In Sec.  126.616, revise paragraph (c)(4) to read as follows:


Sec.  126.616  What requirements must a joint venture satisfy to submit 
an offer on a HUBZone contract?

* * * * *
    (c) * * *
    (4) Stating that the HUBZone SBC(s) must receive profits from the 
joint venture commensurate with the work performed by the HUBZone SBC;
* * * * *

[[Page 94942]]

PART 127--WOMEN-OWNED SMALL BUSINESS FEDERAL CONTRACT PROGRAM

0
6. The authority citation for part 127 continues to read as follows:

    Authority: 15 U.S.C. 632, 634(b)(6), 637(m), and 644.


0
7. In Sec.  127.506, revise paragraph (c)(4) to read as follows:


Sec.  127.506  May a joint venture submit an offer on an EDWOSB or WOSB 
requirement?

* * * * *
    (c) * * *
    (4) Stating that the WOSB(s) must receive profits from the joint 
venture commensurate with the work performed by the WOSB;
* * * * *

    Dated: December 16, 2016.
A. John Shoraka,
Associate Administrator, Office of Government Contracting & Business 
Development.
[FR Doc. 2016-30873 Filed 12-23-16; 8:45 am]
BILLING CODE 8205-01-P

Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations 94941 time nor 100 free pages of reproduction On October 19, 2016, SBA issued a 13 CFR 127 of documents. correction pertaining to 8(a) joint Government contracts, Reporting and * * * * * venture profits. 81 FR 71981. As SBA recordkeeping requirements, Small (v) Fees for unsuccessful search and explained, due to the change made to businesses. review. The Council may assess fees for § 121.103(h), which eliminated the time spent searching and reviewing, ability of a joint venture to be populated Accordingly, 13 CFR parts 125, 126, even if it fails to locate the records or with individuals intended to perform and 127 are corrected by making the if records located are determined to be contracts awarded to the joint venture, following correcting amendments: exempt from disclosure. a conforming correction was needed to § 124.513(c), which references PART 125—GOVERNMENT * * * * * populated joint ventures. Specifically, CONTRACTING PROGRAMS Federal Financial Institutions Examination Council. § 124.513(c)(4) provided that in the case ■ 1. The authority citation for part 125 Judith E. Dupre, of a populated separate legal entity joint continues to read as follows: FFIEC Executive Secretary. venture, 8(a) Participant(s) must receive profits from the joint venture Authority: 15 U.S.C. 632(p), (q), 634(b)(6), [FR Doc. 2016–30696 Filed 12–23–16; 8:45 am] 637, 644, 657f, and 657q. BILLING CODE 7535–01–P 6714–01–P 6210–01–P 4810– commensurate with their ownership 33–P 4810–AM–P interests in the joint venture. Because ■ 2. In § 125.8, revise paragraph SBA eliminated populated joint (b)(2)(iv) to read as follows: ventures, that provision was SMALL BUSINESS ADMINISTRATION superfluous and was deleted. SBA’s 8(a) § 125.8 What requirements must a joint joint venture rule now states that the venture satisfy to submit an offer for a 13 CFR Parts 125, 126, and 127 procurement or sale set aside or reserved 8(a) Participant(s) in a joint venture for small business? RIN 3245–AG24 must receive profits from the joint venture commensurate with the work * * * * * Small Business Mentor Protégé performed by the 8(a) Participant(s). 13 (c) * * * Programs; Correction CFR 124.513(c)(4). This change was (2) * * * necessary because under the mentor (iv) Stating that each participant must AGENCY: U.S. Small Business protégé program, a protégé may perform Administration. receive profits from the joint venture as little as 40% of the total work commensurate with the work performed ACTION: Correcting amendments. performed by the joint venture in by the concern; SUMMARY: The U.S. Small Business aggregate. It would not make sense to * * * * * Administration (SBA) published a final require a firm to receive 51% of the profits for doing only 40% of the work. ■ 3. In § 125.18, revise paragraph rule in the Federal Register on July 25, (b)(2)(iv) to read as follows: 2016, amending its regulations to The same language that SBA corrected establish a new Government-wide in the 8(a) regulations is currently in § 125.18 What requirements must an mentor-protégé program for all small place for joint ventures under all small SDVO SBC meet to submit an offer on a business concerns, consistent with mentor protégé, Service-Disabled contract? SBA’s mentor-protégé program for Veteran-Owned, Women-Owned and * * * * * Participants in SBA’s 8(a) Business HUBZone small business programs. (b) * * * Development (BD) program. The rule SBA’s intent was for profits to be (2) * * * also made several additional changes to commensurate with the work performed current size, 8(a), Office of Hearings and (iv) Stating that the SDVO SBC(s) by each member of the joint venture. must receive profits from the joint Appeals, and HUBZone regulations, These rules currently state that in the concerning among other things, venture commensurate with the work case of a separate legal entity, the firm performed by the SDVO SBC; ownership and control, changes in must receive profits commensurate with primary industry, economic * * * * * their ownership interests in the joint disadvantage of a Native Hawaiian venture, which is contrary to SBA’s Organization (NHO), standards of PART 126—HUBZONE PROGRAM intent. Consequently, SBA is correcting review, and interested party status for §§ 125.8(b)(2)(iv), 125.18(b)(2)(iv), some appeals. This document makes ■ 4. The authority citation for part 126 126.616(c)(4) and 127.506(c)(4) to the continues to read as follows: several technical corrections to that make the rules consistent with final rule, eliminating a portion of a Authority: 15 U.S.C. 632(a), 632(j), 632(p), 124.513(c)(4) and across all programs. sentence concerning joint venture 644; and 657a; Pub. L. 111–240, 24 Stat. profits. List of Subjects 2504. DATES: Effective December 27, 2016. 13 CFR 125 ■ 5. In § 126.616, revise paragraph (c)(4) FOR FURTHER INFORMATION CONTACT: to read as follows: Michael McLaughlin, Office of Policy, Government contracts, Government procurement, Reporting and § 126.616 What requirements must a joint Planning & Liaison, U.S. Small Business recordkeeping requirements, Small venture satisfy to submit an offer on a Administration, 409 Third Street SW., HUBZone contract? asabaliauskas on DSK3SPTVN1PROD with RULES Washington, DC 20416; 202–205–5353; businesses, Technical assistance, michael.mclaughlin@sba.gov. Veterans. * * * * * SUPPLEMENTARY INFORMATION: The final (c) * * * 13 CFR 126 rule published on July 25, 2016, at 81 (4) Stating that the HUBZone SBC(s) FR 48557, contained errors that must be Administrative practice and must receive profits from the joint corrected in order ensure consistency procedure, Government procurement, venture commensurate with the work within the regulations and to avoid Penalties, Reporting and recordkeeping performed by the HUBZone SBC; public uncertainty or confusion. requirements, Small businesses. * * * * * VerDate Sep<11>2014 19:06 Dec 23, 2016 Jkt 241001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\27DER1.SGM 27DER1

94942 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations PART 127—WOMEN-OWNED SMALL Airbus Helicopters, 2701 N. Forum The NPRM was prompted by AD No. BUSINESS FEDERAL CONTRACT Drive, Grand Prairie, TX 75052; 2011–0192–E, dated October 4, 2011, PROGRAM telephone (972) 641–0000 or (800) 232– issued by EASA, which is the Technical 0323; fax (972) 641–3775; or at http:// Agent for the Member States of the ■ 6. The authority citation for part 127 www.airbushelicopters.com/techpub. European Union, to correct an unsafe continues to read as follows: You may review the referenced condition for Eurocopter (now Airbus Authority: 15 U.S.C. 632, 634(b)(6), service information at the FAA, Office Helicopters) Model AS355NP 637(m), and 644. of the Regional Counsel, Southwest helicopters with an Arrius 1A1 fire Region, 10101 Hillwood Pkwy., Room extinguishing system installed through ■ 7. In § 127.506, revise paragraph (c)(4) production modification (mod) OP– 6N–321, Fort Worth, TX 76177. It is also to read as follows: 3931. available on the Internet at http:// § 127.506 May a joint venture submit an www.regulations.gov by searching for EASA advises that during an offer on an EDWOSB or WOSB and locating Docket No. FAA–2015– inspection of the engine fire requirement? 5807. extinguishing system on an AS355NP * * * * * helicopter, the left-hand (LH) fire Examining the AD Docket extinguisher discharge system was (c) * * * (4) Stating that the WOSB(s) must You may examine the AD docket on found connected to the right-hand (RH) receive profits from the joint venture the Internet at http:// engine compartment and the RH commensurate with the work performed www.regulations.gov by searching for discharge system was connected to the by the WOSB; and locating Docket No. FAA–2015– LH engine compartment. An 5807; or in person at the Docket investigation showed that this erroneous * * * * * Operations Office between 9 a.m. and 5 installation was inherent in Eurocopter Dated: December 16, 2016. p.m., Monday through Friday, except production modification (mod) OP– A. John Shoraka, Federal holidays. The AD docket 3931. According to EASA, this Associate Administrator, Office of contains this AD, the European Aviation condition, if not detected and corrected, Government Contracting & Business Safety Agency (EASA) ADs, any could lead to the discharge of the fire Development. incorporated-by-reference service extinguisher in the wrong engine [FR Doc. 2016–30873 Filed 12–23–16; 8:45 am] information, the economic evaluation, compartment in the event of a fire. BILLING CODE 8205–01–P any comments received, and other Pending the development of a modified information. The street address for the extinguishing system, EASA Emergency Docket Operations Office (phone: 800– AD No. 2011–0192–E required installing DEPARTMENT OF TRANSPORTATION 647–5527) is U.S. Department of a placard warning the flight crew of the Transportation, Docket Operations erroneous installation until the squibs Federal Aviation Administration Office, M–30, West Building Ground on each fire extinguisher are exchanged. Floor, Room W12–140, 1200 New Jersey After EASA issued Emergency AD No. 14 CFR Part 39 Avenue SE., Washington, DC 20590. 2011–0192–E, Airbus Helicopters [Docket No. FAA–2015–5807; Directorate FOR FURTHER INFORMATION CONTACT: developed a permanent modification of Identifier 2015–SW–063–AD; Amendment George Schwab, Aviation Safety the discharge system to reconfigure the 39–18754; AD 2016–25–28] Engineer, Safety Management Group, position of the squibs on each fire Rotorcraft Directorate, FAA, 10101 extinguisher to line up with the control RIN 2120–AA64 buttons. EASA subsequently issued Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222–5110; email superseding EASA AD No. 2015–0181, Airworthiness Directives; Airbus george.schwab@faa.gov. dated August 31, 2015, to retain the Helicopters requirements of its previous Emergency SUPPLEMENTARY INFORMATION: AGENCY: Federal Aviation AD and require the modification of the Administration (FAA), DOT. Discussion engine fire extinguishing discharge ACTION: Final rule. system within 12 months. On April 12, 2016, at 81 FR 21493, the Federal Register published our notice of Comments SUMMARY: We are adopting a new airworthiness directive (AD) for Airbus proposed rulemaking (NPRM), which After our NPRM (81 FR 21493, April Helicopters Model AS355NP proposed to amend 14 CFR part 39 by 12, 2016) was published, we received helicopters. This AD requires removing adding an AD that would apply to two comments from Airbus Helicopters. and installing the fire extinguishing Airbus Helicopters Model AS355NP helicopters with an Arrius 1A1 fire Request system pipes. This AD is prompted by the discovery that the left-hand and extinguishing system installed. The Airbus Helicopters requested that the right-hand fire extinguishing discharge NPRM proposed to require removing proposed AD have mod 073990 as a systems were incorrectly connected. and correctly installing the fire terminating action and exempt Model The actions of this AD are intended to extinguishing system pipes in AS355NP aircraft that are ‘‘post mod correct the unsafe condition on these accordance with Airbus Helicopters’ 073990’’ from the AD’s requirements. products. service information and removing any We agree with the comment but placards on the instrument panel if disagree that a change to the AD is asabaliauskas on DSK3SPTVN1PROD with RULES DATES: This AD is effective January 31, installed. The proposed requirements necessary. The AD requires compliance 2017. were intended to correct the with the service information that Airbus The Director of the Federal Register connections and to prevent the fire Helicopters has identified as mod approved the incorporation by reference extinguishing system from discharging 073990. A Model AS355NP helicopter of a certain document listed in this AD to the wrong engine compartment, in a ‘‘post mod 073990’’ configuration as of January 31, 2017. failure of the fire extinguishing system has complied with the service ADDRESSES: For service information to control a fire, and subsequent loss of information, and therefore has also identified in this final rule, contact control of the helicopter. previously complied with the required VerDate Sep<11>2014 19:06 Dec 23, 2016 Jkt 241001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\27DER1.SGM 27DER1


Document Created: 2018-02-14 09:13:48
Document Modified: 2018-02-14 09:13:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionCorrecting amendments.
DatesEffective December 27, 2016.
ContactMichael McLaughlin, Office of Policy, Planning & Liaison, U.S. Small Business Administration, 409 Third Street SW., Washington, DC 20416; 202-205-5353; [email protected]
FR Citation81 FR 94941 
RIN Number3245-AG24
CFR Citation13 CFR 125
13 CFR 126
13 CFR 127
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