### COMMITTEE FOR PURCHASE FROM PEOPLE WH O ARE BLIND OR SEVERELY DISABLED

41 CFR Ch. 51

Semiannual Regulatory Agenda

AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled.

ACTION: Semiannual regulatory agenda.

SUMMARY: This document sets forth the regulatory agenda of the Committee for Purchase From People Who Are Blind or Severely Disabled (Committ ee). This agenda is issued in accordance with Executive Order 12866 and the Regulatory Flexibility Ac t. The agenda lists regulations that are currently under development or review or that the Committee expects to have under development or review during the next 12 months. The purpose for publishing this agenda is to advise the public of the Committee’s current and future regulatory actions.

FOR FURTHER INFORMATION CONTACT: For further information on the agenda in general, contact Dennis Lockard, General Counsel, Committee for Purchase From People Who Are Blind or Severely Disabled, 1421 Jefferson Davis Highway, Jefferson Plaza 2, Suite 10800, Arlington, VA, 22202-3259; (703) 603-2121. For information about a specific regulation project listed on the agenda, contact the person designated in the agenda for that regulation.

SUPPLEMENTARY INFORMATION: Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), each agency is required to prepare an agenda of all regulat ions under development or review. The Regulatory Flexibility Act (5 U.S.C. 601 to 612) has a similar a genda requirement (5 U.S.C. 602). Under the law, the agenda must list any regulation that is likely to hav e a significant economic impact on a substantial
number of small entities.

The Office of Management and Budget has issued guidelines prescribing the form and content of the regulatory agenda. Under those guidelines, the agenda must list all regulatory activities being conducted or reviewed in the next 12 months and provide certain sp ecified information on each regulation. All of the items on this agenda are current or projected rulemakings.

Dated: February 18, 2011.

NAME: E. Ballard,
Executive Director.The 4 Regulatory Agendas

Committee for Purchase From People Who Are Blind or Severely Disabled - PreRule

Title Regulation Identifier Number

AbilityOne Program; Determining Whether Commodities Are "Essentially the Same" 3037-AA01

AbilityOne Program; Suitability Criteria and Determinations 3037-AA03

Revision and Update of Section 51-2, Committee for Purchase From People Who Are Blind or Severely Disabled 3037-AA06

Committee for Purchase From People Who Are Blind or Severely Disabled - Completed Action

Title Regulation Identifier Number

Accountability Standards for Designated Central Nonprofit Agencies and Nonprofit Agencies Participating in the AbilityOne Program Under the Authority of the Javits-Wagner-O'Day Act 3037-AA00

Committee for Purchase From People Who Are Blind or Severely Disabled ( CPBSD ) RIN: 3037-AA01

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Title: AbilityOne Program; Determining Whether Commodities Are "Essentially the Same"

Abstract: The Committee for Purchase From People Who Are Blind or Severely Disabled (Committee), which is responsible for administering the Javits-Wagner-O'Day Act through the AbilityOne Program, proposes to amend its regulations by adding guidelines for Federal agencies' use in determining whether commercial commodities are "essentially the same" as items on the
Procurement List. The Procurement List is the official list of commodities and services that the Committee has determined to be suitable for provision to the Government by nonprofit agencies employing people who are blind or who have other severe disabilities and that, pursuant to the Javits-Wagner-O'Day Act and the regulations, must be purchased from the source designated by the Committee. The guidelines for Federal agencies would clarify the meaning and applicability of the term "essentially the same," which currently appears but is not defined in the Committee's regulations. As such, the guidelines would assist Federal employees who make purchasing decisions in complying with the Javits-Wagner-O'Day Act.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 51-5 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 46 to 48(c)
Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 10/00/2011

ANPRM Comment Period End 12/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No Energy Affected: No Agency Contact: Nancy Myrick Director, Policy and Programs
Committee for Purchase From People Who Are Blind or Severely Disabled Suite 1000 Jefferson Plaza 2 1421 Jefferson Davis Highway Arlington , VA 22202-3259

Phone: 703 603-2128

FAX: 703 603-0655

E- Mail: nmyrick@abilityone.govCommittee for Purchase From People Who Are Blind or Severely Disabled ( CPBSD ) RIN: 3037-AA03

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Title: AbilityOne Program; Suitability Criteria and Determinations

Abstract: The Committee for Purchase From People Who Are Blind or Severely Disabled (Committee), which is responsible for administering and overseeing the implementation of the Javits-Wagner-O'Day Act, is planning to propose to amend its regulations by revising and clarifying the current suitability criteria in 41 CFR 51-2.4. These criteria are used by the Committee to make determinations regarding whether a commodity or service is suitable to be added to the Procurement List, which is the list of commodities and services that the Committee has determined are to be furnished to the Government by nonprofit agencies employing people who are blind or who have other severe disabilities pursuant to the Javits-Wagner-O'Day Act and the regulations.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 51-2 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 46 to 48(c)
Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 10/00/2011

ANPRM Comment Period End 12/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Federalism: No Energy Affected: No Agency Contact: Dennis Lockard
General Counsel
Committee for Purchase From People Who Are Blind or Severely Disabled Suite 10800 Jefferson Plaza 2 1421 Jefferson Davis Highway Arlington , VA 22202-3259

Phone: 703 603-2121

FAX: 703 603-0655

E- Mail: dlockard@abilityone.gov

Committee for Purchase From People Who Are Blind or Severely Disabled ( CPBSD ) RIN: 3037-AA06

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Title: Revision and Update of Section 51 -2, Committee for Purchase From People Who Are Blind or Severely Disabled

Abstract: The Committee for Purchase From People Who Are Blind or Severely Disabled (Committee), which is responsible for administering the Javits-Wagner-O'Day Act through the AbilityOne Program, proposes to revise and update its regulation 41 CFR 51-2 which describes and defines the roles and responsibilities of the Committee and to provide enhanced explanation regarding the authorities and decision-making processes of the Committee. The regulation was originally published in 1991. Changes in Committee practices and concepts have occurred since then that will be addressed in the revision. The revision will clarify the roles and responsibilities of the Committee and also meet the objectives established in the Committee's Strategic Plan to the benefit of the entire AbilityOne Program.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule Major: Undetermined Unfunded Mandates: No

CFR Citation: 41 CFR 51-2 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 46 to 48(c)
Legal Deadline: None

Timetable:Action Date FR Cite

ANPRM 10/00/2011

ANPRM Comment Period End 12/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No Energy Affected: No Agency Contact: Dennis Lockard
General Counsel
Committee for Purchase From People Who Are Blind or Severely Disabled Suite 10800 Jefferson Plaza 2 1421 Jefferson Davis Highway Arlington , VA 22202-3259

Phone: 703 603-2121

FAX: 703 603-0655

E- Mail: dlockard@abilityone.gov

Committee for Purchase From People Who Are Blind or Severely Disabled ( CPBSD ) RIN: 3037-AA00

View Related Documents

Title: Accountability Standards for Designated Central Nonprofit Agencies and Nonprofit Agencies Participating in the AbilityOne Program Under the Authority of the Javits-Wagner-O'Day Act

Abstract: The Committee for Purchase From People Who Are Blind or Severely Disabled (Committee), which is responsible for administering and overseeing the implementation of the Javits-Wagner-O'Day Act, is proposing to require designated central and other participating nonprofit agencies to take specific steps to adhere to accountability standards established by the Committee. A key element of this proposed rule is to ensure that executive compensation is such that revenue of a designated central or other affiliated nonprofit agency, generated through the AbilityOne Program's authority, does not unreasonably inure to an individual, executive, or professional staff member. The proposed rule is also intended to ensure that only qualified, capable, and compliant central nonprofit and nonprofit agencies are allowed to receive and retain Javits-Wagner-O'Day Act sponsored government contracts. Finally, this rule will require central nonprofit agencies to adhere to the fee guidance

established herein.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 51-1 to 51-4 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 46 to 48(c)
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/12/2004 69 FR 65395

NPRM Comment Period Extended 12/03/2004 69 FR 70214

NPRM Comment Period End 02/10/2005

Withdrawn 02/18/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No Energy Affected: No Agency Contact: Dennis Lockard
General Counsel
Committee for Purchase From People Who Are Blind or Severely Disabled Suite 10800 Jefferson Plaza 2 1421 Jefferson Davis Highway Arlington , VA 22202-3259

Phone: 703 603-2121

FAX: 703 603-0655

E- Mail: dlockard@abilityone.gov