Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Rules and Regulations 12273 

H. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to assess 

the effects of a Federal regulatory action 

on State, local, and tribal governments, 

and the private sector. DOE has 

determined that today’s regulatory 

action does not impose a Federal 

mandate on State, local or tribal 

governments or on the private sector. 

I. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. This 

rule would not have any impact on the 

autonomy or integrity of the family as 

an institution. Accordingly, DOE has 

concluded that it is not necessary to 

prepare a Family Policymaking 

Assessment. 

J. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

The Treasury and General 

Government Appropriations Act, 2001 

(44 U.S.C. 3516, note) provides for 

agencies to review most disseminations 

of information to the public under 

guidelines established by each agency 

pursuant to general guideline issued by 

OMB. OMB’s guidelines were published 

at 67 FR 8452 (February 22, 2002), and 

DOE’s guidelines were published at 67 

FR 62446 (October 7, 2002). DOE has 

reviewed today’s rule under the OMB 

and DOE guidelines and has concluded 

that it is consistent with applicable 

policies in those guidelines. 

K. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001) requires Federal agencies to 

prepare and submit to the Office of 

Information and Regulatory Affairs 

(OIRA), Office of Management and 

Budget, a Statement of Energy Effects for 

any proposed significant energy action. 

A ‘‘significant energy action’’ is defined 

as any action by an agency that 

promulgated or is expected to lead to 

promulgation of a final rule, and that: 

(1) Is a significant regulatory action 

under Executive Order 12866, or any 

successor order; and (2) is likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy, or 

(3) is designated by the Administrator of 

OIRA as a significant energy action. For 

any proposed significant energy action, 

the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

Today’s regulatory action is not a 

significant energy action. Accordingly, 

DOE has not prepared a Statement of 

Energy Effects. 

L. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

submit to Congress a report regarding 

the issuance of today’s final rule. The 

report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 801(2). 

Issued in Washington, DC, on February 28, 

2011. 

Scott Blake Harris, 

General Counsel. 

For the reasons stated in the 

preamble, part 712 of chapter III of title 

10, Code of Federal Regulations, is 

amended as set forth below: 

PART 712—HUMAN RELIABILITY 

PROGRAM 

■ 1. The authority citation for part 712 

continues to read as follows: 

Authority: 42 U.S.C. 2165; 42 U.S.C. 2201; 

42 U.S.C. 5814–5815; 42 U.S.C. 7101 et seq.; 

50 U.S.C. 2401 et seq.; E.O. 10450, 3 CFR 

1949–1953 Comp., p. 936, as amended; E.O. 

10865, 3 CFR 1959–1963 Comp., p. 398, as 

amended; 3 CFR Chap. IV. 

§ 712.12 [Amended] 

■ 2. Section 712.12(d) is amended by 

removing ‘‘Deputy Secretary’’ and 

adding in its place ‘‘Under Secretary 

with cognizance over the program 

which makes the HRP certification at 

issue (hereinafter ‘cognizant Under 

Secretary’), in consultation with the 

DOE General Counsel’’. 

§ 712.22 [Amended] 

■ 3. Section 712.22 is amended by 

removing ‘‘Deputy Secretary’’ and 

adding in its place ‘‘cognizant Under 

Secretary’’. 

■ 4. Section 712.23 is amended by 

revising the section heading to read as 

set forth below, and in the first sentence 

by removing ‘‘Deputy Secretary’’ and 

adding in its place ‘‘cognizant Under 

Secretary, in consultation with the DOE 

General Counsel’’. 

§ 712.23 Final decision by DOE Under 

Secretary. 

* * * * * 

[FR Doc. 2011–5046 Filed 3–4–11; 8:45 am] 

BILLING CODE 6450–01–P 

SMALL BUSINESS ADMINISTRATION 

13 CFR Part 124 

RIN 3245–AF53 

8(a) Business Development Program 

Regulation Changes; Tribal 

Consultation 

AGENCY: U.S. Small Business 

Administration 

ACTION: Notice of tribal consultation 

meeting; request for comments. 

SUMMARY: The U.S. Small Business 

Administration (SBA or Agency) 

announces that it is holding a tribal 

consultation meeting in Las Vegas, 

Nevada to discuss the recent changes to 

the 8(a) Business Development (BD) 

program regulations and take general 

comments on 8(a) BD program 

provisions. Additionally, SBA will take 

comments on the mandatory reporting 

of community benefits of provision 13 

CFR 124.604. Testimony presented at 

this tribal consultation meeting will 

become part of the administrative record 

for SBA’s consideration when the 

Agency deliberates on approaches to 

tracking community benefits. 

DATES: The tribal consultation meeting 

will be held on Thursday, March 17, 

2011 from 1 p.m. to 3 p.m. at the 

Reservation Economic Summit (RES) 

Conference in the Las Vegas Hilton, Las 

Vegas, Nevada. 

The tribal consultation meeting preregistration deadline date is March 10, 

2011 at 5 p.m. (Eastern Standard Time). 

ADDRESSES: 

1. The Las Vegas Tribal Consultation 

Meeting address is the Las Vegas Hilton, 

3000 Paradise Road, Las Vegas, NV 

89109. 

2. Send pre-registration requests to 

attend and/or testify to Mr. Marcus 

Grignon, Office of Native American 

Affairs, U.S. Small Business 

Administration, 409 Third Street, SW., 

Washington, DC 20416; by e-mail to 

marcus.grignon@sba.gov; or by facsimile 

to (202) 481–6386. 

3. Send all written comments to Ms. 

LaTanya Wright, Senior Advisor, Office 

of Business Development, U.S. Small 

Business Administration, 409 3rd Street, 

SW., Washington, DC 20416; 

BDRegs@sba.gov or by facsimile to (202) 

481–2740. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on SBA’s Final Rule 

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12274 Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Rules and Regulations 

for the 8(a) BD Program, call or e-mail 

LaTanya Wright, Senior Advisor, Office 

of Business Development, at (202) 205– 

5852, or LaTanya.Wright@sba.gov. If 

you have questions about registering or 

attending the tribal consultation, please 

contact Mr. Marcus Grignon at (202) 

401–1455, or marcus.grignon@sba.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 11, 2011 (74 FR 55694) 

SBA issued a Final Rule, publicly 

available at http:// 

frwebgate1.access.gpo.gov/cgibin/ 

TEXTgate.cgi?WAISdocID=kkdLxk/1/1/ 

0&WAISaction=retrieve. In that 

document, SBA made changes to the 

8(a) BD Program regulations, its small 

business size regulations and 

regulations affecting Small 

Disadvantaged Businesses (SDBs). Some 

of the changes involve technical issues. 

Other changes are more substantive and 

result from SBA’s experience in 

implementing 8(a) BD Program 

regulations. One such change is the 

addition of reporting requirements 8(a) 

Participants. Specifically, the final rule 

requires those 8(a) Participants owned 

by ANCs, tribes, NHOs, and CDCs to 

submit overall information relating to 

how 8(a) participation has benefited the 

tribal or native members and/or the 

tribal, native or other community as part 

of each Participant’s annual review 

submissions, including information 

about funding cultural programs, 

employment assistance, jobs, 

scholarships, internships, subsistence 

activities, and other services to the 

affected community. 

SBA received several comments 

recommending it delay implementation 

of any reporting of benefits requirement 

to allow affected firms to gather and 

synthesize this data. In addition, these 

commenters encouraged SBA to 

establish a task force, comprised of 

native leaders and SBA, to further study 

how this requirement could be best 

implemented without imposing an 

undue burden on tribes, ANCs, NHOs or 

CDCs, or on their affected 8(a) 

Participants. SBA agreed and delayed 

implementation of new § 124.604 for six 

months after the effective date for the 

other provisions of the final rule. These 

tribal consultations are for the purpose 

of developing best practices for 

collecting and utilizing the data. SBA 

expects that two Participants owned by 

the same tribe, ANC, NHO or CDC will 

submit identical data describing the 

benefits provided by the tribe, ANC, 

NHO or CDC. 

II. Tribal Consultation Meeting 

The purpose of this tribal consultation 

meeting is to conform to the 

requirements of Executive Order 13175, 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’; to provide 

interested parties with an opportunity to 

discuss the 8(a) BD Program regulatory 

changes; and for SBA to obtain the 

comments of SBA’s stakeholders on 

approaches to tracking community 

benefits. In addition to general oral and 

written comments about 8(a) BD 

program provisions, SBA is requesting 

oral and written comments on 

approaches to tracking community 

benefits as required by the 8(a) BD 

Program regulations. SBA considers 

tribal consultation meetings a valuable 

component of its deliberations and 

believes that this tribal consultation 

meeting will allow for constructive 

dialogue with the tribal community, 

Tribal Leaders, Elders and elected 

members of Alaska Native Villages or 

their appointed representatives. 

The format of this tribal consultation 

meeting will consist of a panel of SBA 

representatives who will preside over 

the session. The oral and written 

testimony will become part of the 

administrative record for SBA’s 

consideration. Written testimony may 

be submitted in lieu of oral testimony. 

SBA will analyze the testimony, both 

oral and written, along with any written 

comments received. SBA officials may 

ask questions of a presenter to clarify or 

further explain the testimony. The 

purpose of the tribal consultation is to 

discuss changes to the 8(a) BD Program 

with the tribal community, Tribal 

Leaders, Elders and elected members of 

Alaska Native Villages or their 

appointed representatives and to seek 

their comments on approaches to 

tracking community benefits. SBA 

requests that the comments focus on the 

new regulatory changes as stated in the 

Agency’s Final Rule. SBA requests that 

commenters not raise issues pertaining 

to other SBA small business programs. 

Presenters may provide a written copy 

of their testimony. SBA will accept 

written material that the presenter 

wishes to provide that further 

supplements his or her testimony. 

Electronic or digitized copies are 

encouraged. 

The tribal consultation meeting will 

be held for two hours. The meeting will 

begin at 1 p.m. and end at 3 p.m. 

(Pacific Standard Time). SBA will 

adjourn early if all those scheduled have 

delivered their testimony. 

III. Registration 

SBA respectfully requests that an 

elected or appointed representative of 

the tribal communities that are 

interested in attending please preregister in advance and indicate 

whether you would like to testify at the 

hearing. Registration requests should be 

received by SBA by March 10, 2011 at 

5 p.m. (Eastern Standard Time). Please 

contact Mr. Marcus Grignon in SBA’s 

Office of Native American Affairs in 

writing at marcus.grignon@sba.gov or by 

facsimile at (202) 481–2740. 

If you are interested in testifying, 

please include the following 

information relating to the person 

testifying: Name, Organization 

affiliation, Address, Telephone number, 

E-mail address and Fax number. SBA 

will attempt to accommodate all 

interested parties who wish to present 

testimony. Based on the number of 

registrants, it may be necessary to 

impose time limits to ensure that 

everyone who wishes to testify has the 

opportunity to do so. SBA will confirm 

in writing the registration of presenters 

and attendees. 

IV. Information on Service for 

Individuals With Disabilities 

For information on facilities or 

services for individuals with disabilities 

or to request special assistance at the 

tribal consultation meeting, contact Mr. 

Marcus Grignon at the telephone 

number or e-mail address indicated 

under the FOR FURTHER INFORMATION

CONTACT section of this notice. 

Authority: 15 U.S.C. 632, 634(b)(6), 636(b), 

637(a), 644 and 662(5); Pub. L. 105–135, sec. 

401 et seq., 111 Stat. 2592; and, E.O. 13175, 

65 FR 67249. 

Dated: March 2, 2011. 

Clara Pratte, 

National Director for the Office of Native 

American Affairs. 

[FR Doc. 2011–5118 Filed 3–4–11; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 27 

[Docket No. SW024; Special Conditions No. 

27–024–SC] 

Special Conditions: Bell Helicopter 

Textron Canada Limited Model 206B 

and 206L Series Helicopters, § 27.1309, 

Installation of a Hoh Aeronautics, Inc. 

Autopilot/Stabilization Augmentation 

System (AP/SAS) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

WReier-Aviles on DSKGBLS3C1PROD with RULES