This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

33249

Vol. 65, No. 100

Tuesday, May 23, 2000

SMALL BUSINESS ADMINISTRATION

13 CFR Part 124

8(a) Business Development/Small

Disadvantaged Business Status

Determinations

AGENCY: Small Business Administration

(SBA).

ACTION: Final rule.

SUMMARY: This final rule amends SBA’s

regulations governing the Small

Disadvantaged Business (SDB) program.

The rule establishes a formal

reconsideration process for applicants

declined certification as an SDB.

DATES: This rule is effective on May 23,

2000.

FOR FURTHER INFORMATION CONTACT:

Terri Dickerson, Acting Assistant

Administrator, Office of Small

Disadvantaged Business Certification

and Eligibility, 202–619–1727.

SUPPLEMENTARY INFORMATION: On March

10, 2000, SBA published in the Federal

Register a proposed rule to amend

SBA’s regulations governing the Small

Disadvantaged Business (SDB) program.

See 65 FR 12955. The rule proposed to

grant applicants declined SDB

certification, a 45-day period to request

that the Assistant Administrator, Office

of Small Disadvantaged Business

Certification and Eligibility (AA/

SDBCE) reconsider the decline. The

proposed rule was designed to improve

the efficiency and effectiveness of the

certification process, by providing a

formal mechanism to enable SDB

applicants to immediately correct

deficiencies in their SDB application.

SBA received one timely comment

concerning the proposed regulation. The

commenter supported the proposed

amendment, but requested that SBA

indicate whether the reconsideration

process would apply to pending SDB

applications. SBA agrees that it should

clarify the applicability of this final

rule.

As indicated above, this rule is

effective on the date of publication. An

immediate effective date will avoid any

unnecessary delay in the

implementation of the rule and any

resulting interference in the efficient

administration of the SDB certification

process. To ensure that all current SDB

applicants are afforded the same

opportunity for a reconsideration of the

AA/SDBCE’s negative determination of

SDB eligibility, this rule applies to all

applications for SDB certification

submitted on or after the effective date

of this rule, to all SDB applications

pending before a Private Certifier or the

AA/SDBCE as of the rule’s effective

date, to any declined application where

no appeal was filed at the Office of

Hearings and Appeals (OHA) and

applications that are pending appeals at

OHA.

Since SBA received no other

comments concerning the proposed

rule, this final rule is identical in all

respects to the proposed rule which

SBA published on March 10. Under this

rule, applicants denied SDB

certification have 45 days from the date

of the AA/SDBCE’s written decision, to

request that the AA/SDBCE reconsider

the decline. As part of the request for

reconsideration, applicants requesting

reconsideration may submit additional

evidence to show that they have

overcome the reason(s) for the AA/

SDBCE’s denial. If the AA/SDBCE once

again declines the application solely on

grounds that were not included in the

original denial letter, the AA/SDBCE is

required to grant the applicant an

additional 45-day period to request that

the AA/SDBCE reconsider the new basis

for denial. If, however, the AA/SDBCE

determines that the applicant is

ineligible for SDB certification for one

or more of the same reason(s) as

addressed in the original decline, the

applicant is not entitled to a second

reconsideration.

This final rule does not affect an

applicant’s right under the current 13

CFR 124.1008(f)(3) to appeal the AA/

SDBCE’s decision denying eligibility

nor does it affect an applicant’s right

with respect to ownership and control

determinations of Private Certifiers. An

applicant denied SDB certification

based solely on reasons of social

disadvantage, economic disadvantage,

or disadvantaged ownership or control,

continues to have the right to appeal to

SBA’s Office of Hearings and Appeals

(OHA). The applicant also has the

option to forego the reconsideration

process and appeal the AA/SDBCE’s

initial decision to OHA, or to request

reconsideration and if declined a second

time solely on those grounds, to appeal

the AA/SDBCE’s reconsideration

decision.

Compliance With Executive Orders

13132, 12988, and 12866, the

Regulatory Flexibility Act (5 U.S.C. 601,

et seq.), and the Paperwork Reduction

Act (44 U.S.C. Ch. 35)

This final rule does not constitute a

significant regulatory action as defined

by Executive Order 12866, in that it is

not likely to have an annual economic

effect of $100 million or more on the

economy, result in a major increase in

costs or prices, or have a significant

adverse effect on competition or the

United States economy. SBA certifies

that this final rule will not have a

significant economic impact on a

substantial number of small entities

within the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 601, et seq.,

since it is a procedural amendment to

the SDB certification process that would

not impose any mandatory requirements

on SDB applicants or deprive them of

any existing rights under governing SBA

regulations.

For purposes of the Paperwork

Reduction Act of 1995 (Public Law 104–

13), SBA certifies that this final rule

imposes no new reporting or

recordkeeping requirements on firms

applying to be certified as an SDB. The

rule grants certain SDB applicants the

right to submit evidence to SBA that

they are socially and economically

disadvantaged, that they are citizens of

the United States, and that they own

and control the applicant concern. This

rule does not require an SDB, once

certified, to report any other information

to SBA or to maintain additional

records.

For purposes of Executive Order

13132, SBA has determined that this

rule does not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

For purposes of Executive Order

12988, SBA certifies that this rule is

drafted, to the extent practicable, in

accordance with the standards set forth

in Section 3 of that Order.

33250 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Rules and Regulations

List of Subjects in 13 CFR Part 124

Government procurement, Minority

businesses, Tribally owned concerns,

Hawaiian Natives, Reporting and

recordkeeping requirements, and

Technical assistance.

Accordingly, for the reasons set forth

above, SBA amends title 13, CFR as

follows:

PART 124—[AMENDED]

1. The authority citation for 13 CFR

part 124 continues to read as follows:

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

637(a), 637(d) and Pub. L. 99–661, Pub. L.

100–656, sec. 1207, Pub. L. 101–37, Pub. L.

101–574, and 42 U.S.C. 9815.

2. Section 124.1008 is amended by

redesignating paragraphs (f)(3) and (f)(4)

as paragraphs (f)(4) and (f)(5),

respectively, and adding a new

paragraph (f)(3) to read as follows:

§ 124.1008 How does a firm become

certified as an SDB?

* * * * *

(f) * * *

(3)(i) If the AA/SDBCE declines the

firm’s application for SDB certification,

the firm may request that the AA/

SDBCE reconsider his or her initial

decline by submitting a written request

to the AA/SDBCE within 45 days of the

date of the AA/SDBCE’s decision. The

applicant may provide any additional

information and documentation

pertinent to overcoming the reason(s)

for the initial decline.

(ii) The AA/SDBCE will issue a

written decision within 30 days of

receiving the applicant’s request for

reconsideration, if practicable. The AA/

SDBCE may either approve the

application, deny it on one or more of

the same grounds as the initial decision,

or deny it on other grounds. If the

application is denied, the AA/SDBCE

will explain why the applicant is not

eligible for SDB certification and give

specific reasons for the decline. If the

AA/SDBCE declines the application

solely on issues not raised in the initial

decline, the applicant may request

another reconsideration as if it were an

initial decline. If the AA/SDBCE

declines the application for one or more

of the same reasons as addressed in the

initial decline, the applicant is not

entitled to a second reconsideration.

* * * * *

Dated: May 12, 2000.

Aida Alvarez,

Administrator.

[FR Doc. 00–12690 Filed 5–22–00; 8:45 am]

BILLING CODE 8025–01–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00–ACE–7]

Amendment to Class E Airspace;

Hampton, IA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This action amends the Class

E airspace area at Hampton Municipal

Airport, Hampton, IA. The FAA has

developed Area Navigation (RNAV)

Runway (RWY) 17 and RNAV RWY 35

Standard Instrument Approach

Procedures (SIAPs) to serve Hampton

Municipal Airport, IA. Additional

controlled airspace extending upward

from 700 feet Above Ground Level

(AGL) is needed to accommodate these

SIAPs and for Instrument Flight Rules

(IFR) operations at this airport. The

enlarged area will contain the RNAV

RWY 17 and RNAV RWY 35 SIAPs in

controlled airspace.

In addition a minor revision to the

Airport Reference Point (ARP) is

included in this document.

The intended effect of this rule is to

provide controlled Class E airspace for

aircraft executing RNAV RWY 17 and

RNAV RWY 35 SIAPs, revise the ARP

and to segregate aircraft using

instrument approach procedures in

instrument conditions from aircraft

operating in visual conditions.

DATES: This direct final rule is effective

on 0901 UTC, October 5, 2000.

Comments for inclusion in the Rules

Docket must be received on or before

July 10, 2000.

ADDRESSES: Send comments regarding

the rule in triplicate to: Manager,

Airspace Branch, Air Traffic Division,

ACE–520, DOT Regional Headquarters

Building, Federal Aviation

Administration, Docket Number 00–

ACE–7, 901 Locust, Kansas City, MO

64106.

The official docket may be examined

in the Office of the Regional Counsel for

the Central Region at the same address

between 9:00 a.m. and 3:00 p.m.,

Monday through Friday, except Federal

holidays. An informal docket may also

be examined during normal business

hours in the Air Traffic Division at the

same address listed above.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division,

Airspace Branch, ACE–520C, DOT

Regional Headquarters Building, Federal

Aviation Administration, 901 Locust,

Kansas City, MO 64106; telephone:

(816) 329–2525.

SUPPLEMENTARY INFORMATION: The FAA

has developed RNAV RWY 17 and

RNAV RWY 35 SIAPs to serve the

Hampton Municipal Airport, IA. The

amendment to Class E airspace at

Hampton, IA, will provide additional

controlled airspace at and above 700

feet AGL in order to contain the SIAPs

within controlled airspace and thereby

facilitate separation of aircraft operating

under Instrument Flight Rules (IFR).

The amendment at Hampton Municipal

Airport, IA, will provide additional

controlled airspace for aircraft operating

under IFR and revise the ARP. The area

will be depicted on appropriate

aeronautical charts. Class E airspace

areas extending upward from 700 feet or

more above the surface of the earth are

published in paragraph 6005 of FAA

Order 7400.9G, dated September 10,

1999, and effective September 16, 1999,

which is incorporated by reference in 14

CFR 71.1. The Class E airspace

designation listed in this document will

be published subsequently in the Order.

The Direct Final Rule Procedure

The FAA anticipates that this

regulation will not result in adverse or

negative comment and, therefore, is

issuing it as a direct final rule. Previous

actions of this nature have not been

controversial and have not resulted in

adverse comments or objections. The

amendment will enhance safety for all

flight operations by designating an area

where VFR pilots may anticipate the

presence of IFR aircraft at lower

altitudes, especially during inclement

weather conditions. A greater degree of

safety is achieved by depicting the area

on aeronautical charts. Unless a written

adverse or negative comment, or a

written notice of intent to submit an

adverse or negative comment is received

within the comment period, the

regulation will become effective on the

date specified above. After the close of

the comment period, the FAA will

publish a document in the Federal

Register indicating that no adverse or

negative comments were received and

confirming the date on which the final

rule will become effective. If the FAA

does receive, within the comment

period, and adverse or negative

comment, or written notice of intent to

submit such a comment, a document

withdrawing the direct final rule will be

published in the Federal Register and a

notice of proposed rulemaking may be

published with a new comment period.