66444 Federal Register / Vol. 71, No. 220 / Wednesday, November 15, 2006 / Rules and Regulations 

§ 121.404 When does SBA determine the 

size status of a business concern? 

* * * * * 

(g) * * * However, the following 

exceptions apply: 

(1) Within 30 days of an approved 

contract novation, a contractor must 

recertify its small business size status to 

the procuring agency, or inform the 

procuring agency that it is other than 

small. If the contractor is other than 

small, the agency can no longer count 

the options or orders issued pursuant to 

the contract, from that point forward, 

towards its small business goals. 

(2) In the case of a merger or 

acquisition, where contract novation is 

not required, the contractor must, 

within 30 days of the transaction 

becoming final, recertify its small 

business size status to the procuring 

agency, or inform the procuring agency 

that it is other than small. If the 

contractor is other than small, the 

agency can no longer count the options 

or orders issued pursuant to the 

contract, from that point forward, 

towards its small business goals. The 

agency and the contractor must 

immediately revise all applicable 

Federal contract databases to reflect the 

new size status. 

(3) For the purposes of contracts with 

durations of more than five years 

(including options), including Multiple 

Award Schedule (MAS) Contracts, 

Multiple Agency Contracts (MACs) and 

Government-wide Acquisition Contracts 

(GWACs), a contracting officer must 

request that a business concern recertify its small business size status no 

more than 120 days prior to the end of 

the fifth year of the contract, and no 

more than 120 days prior to exercising 

any option thereafter. If the contractor 

certifies that it is other than small, the 

agency can no longer count the options 

or orders issued pursuant to the contract 

towards its small business prime 

contracting goals. The agency and the 

contractor must immediately revise all 

applicable Federal contract databases to 

reflect the new size status. 

(i) A business concern that certified 

itself as other than small, either initially 

or prior to an option being exercised, 

may recertify itself as small for a 

subsequent option period if it meets the 

applicable size standard. 

(ii) Re-certification does not change 

the terms and conditions of the contract. 

The limitations on subcontracting, nonmanufacturer and subcontracting plan 

requirements in effect at the time of 

contract award remain in effect 

throughout the life of the contract. 

(iii) A request for a size recertification shall include the size 

standard in effect at the time of recertification that corresponds to the 

NAICS code that that was initially 

assigned to the contract. 

(iv) A contracting officer must assign 

a NAICS code and size standard to each 

order under a long-term contract. The 

NAICS code and size standard assigned 

to an order must correspond to a NAICS 

code and size standard assigned to the 

underlying long-term contract. A 

concern will be considered small for 

that order only if it certified itself as 

small under the same or lower size 

standard. 

(v) Where the contracting officer 

explicitly requires concerns to recertify 

their size status in response to a 

solicitation for an order, SBA will 

determine size as of the date the 

concern submits its self-representation 

as part of its response to the solicitation 

for the order. 

(vi) A Blanket Purchase Agreement 

(BPA) is not a contract. Goods and 

services are acquired under a BPA when 

an order is issued. Thus, a concern’s 

size may not be determined based on its 

size at the time of a response to a 

solicitation for a BPA. 

* * * * * 

■ 3. Amend § 121.1004 by revising 

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

§ 121.1004 What time limits apply to size 

protests? 

(a) * * * 

(3) Long-Term Contracts. For 

contracts with durations greater than 

five years (including options), including 

all existing long-term contracts, 

Multiple Award Schedule (MAS) 

Contracts, Multiple Agency Contracts 

(MACs), and Government-wide 

Acquisition Contracts (GWACs): 

(i) Protests regarding size 

certifications made for contracts must be 

received by the contracting officer prior 

to the close of business on the 5th day, 

exclusive of Saturdays, Sundays, and 

legal holidays, after receipt of notice 

(including notice received in writing, 

orally, or via electronic posting) of the 

identity of the prospective awardee or 

award. 

(ii) Protests regarding size 

certifications made for an option period 

must be received by the contracting 

officer prior to the close of business on 

the 5th day, exclusive of Saturdays, 

Sundays, and legal holidays, after 

receipt of notice (including notice 

received in writing, orally, or via 

electronic posting) of the size 

certification made by the protested 

concern. 

(A) A contracting officer is not 

required to terminate a contract where 

a concern is found to be other than 

small pursuant to a size protest 

concerning a size certification made for 

an option period. 

(B) [Reserved] 

(iii) Protests relating to size 

certifications made in response to a 

contracting officer’s request for size 

certifications in connection with an 

individual order must be received by 

the contracting officer prior to the close 

of business on the 5th day, exclusive of 

Saturdays, Sundays, and legal holidays, 

after receipt of notice (including notice 

received in writing, orally, or via 

electronic posting) of the identity of the 

prospective awardee or award. 

* * * * * 

PART 124—8(A) BUSINESS 

DEVELOPMENT/SMALL 

DISADVANTAGED BUSINESS STATUS 

DETERMINATIONS 

Subpart A—8(a) Business 

Development 

■ 4. The authority citation for part 124 

continues to read: 

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. 

■ 5. Amend § 124.503 to revise 

paragraph (h) to read as follows: 

§ 124.503 How does SBA accept a 

procurement for award through the 8(a) BD 

program? 

* * * * * 

(h) Task and Delivery Order 

Contracts. If a task or delivery order 

contract was previously offered to and 

accepted into the 8(a) BD program, task 

and delivery orders under the contract 

are not to be offered to or accepted into 

the 8(a) BD program. See § 121.404(g)(3) 

for rules concerning size recertifications in connection with longterm contracts. 

* * * * * 

Dated: November 7, 2006. 

Steven C. Preston, 

Administrator. 

[FR Doc. E6–19253 Filed 11–14–06; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2006–25243; Airspace 

Docket No. 06–AWP–11] 

Revocation of Class D Airspace; Elko, 

NV 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 


rmajette on PROD1PC67 with RULES1
Federal Register / Vol. 71, No. 220 / Wednesday, November 15, 2006 / Rules and Regulations 66445 

ACTION: Final rule; correction. 

SUMMARY: This action corrects the 

Document Management System docket 

number contained in the Direct Final 

Rule that was published in the Federal 

Register on Tuesday, July 18, 2006 (71 

FR 40651). Airspace Docket No. 06–

AWP–11. 

DATES: Effective Date: December 15, 

2006. 

FOR FURTHER INFORMATION CONTACT: 

Larry Tonish, Airspace Specialist, 

Airspace Branch, AWP–520.1, Air 

Traffic Division, Western-Pacific 

Region, Federal Aviation 

Administration, 15000 Aviation 

Boulevard, Lawndale, California 90261, 

telephone (310) 725–6539. 

SUPPLEMENTARY INFORMATION: Docket 

No. FAA–2006–24243; Airspace Docket 

No. 06–AWP–11, published on Tuesday, 

July 18, 2006 (71 FR 40651) revoked 

Class D airspace at Elko, NV. An error 

was discovered in the docket number. 

Docket No. FAA–2006–24243 should 

have been FAA–2006–25243. This 

action corrects that error. 

Correction to Direct Final Rule 

■ Accordingly, pursuant to the authority 

delegated to me, and in consideration of 

the foregoing, the Federal Aviation 

Administration corrects the Docket No. 

in the Federal Register, published 

Tuesday, July 18, 2006 (Vol. 71, No. 

137, page 40651, column 3), as follows: 

* * * * * 

14 CFR Part 71 

[Docket No. FAA–2006–25243; Airspace 

Docket No. 06–AWP–11] 

* * * * * 

Issued in Los Angeles, California, on 

November 2, 2006. 

Leonard Mobley, 

Acting Area Director, Western Terminal 

Operations. 

[FR Doc. 06–9177 Filed 11–14–06; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30522; Amdt. No. 3193] 

Standard Instrument Approach 

Procedures; Miscellaneous 

Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This amendment amends 

Standard Instrument Approach 

Procedures (SIAPs) for operations at 

certain airports. These regulatory 

actions are needed because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, addition of 

new obstacles, or changes in air traffic 

requirements. These changes are 

designed to provide safe and efficient 

use of the navigable airspace and to 

promote safe flight operations under 

instrument flight rules at the affected 

airports. 

DATES: This rule is effective November 

15, 2006. The compliance date for each 

SIAP is specified in the amendatory 

provisions. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of November 

15, 2006. 

ADDRESSES: Availability of matter 

incorporated by reference in the 

amendment is as follows: 

For Examination—

1. FAA Rules Docket, FAA 

Headquarters Building, 800 

Independence Ave, SW., Washington, 

DC 20591; 

2. The FAA Regional Office of the 

region in which affected airport is 

located; or 

3. The National Flight Procedures 

Office, 6500 South MacArthur Blvd., 

Oklahoma City, OK 73169 or, 

4. The National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

For Purchase—Individual SIAP 

copies may be obtained from: 

1. FAA Public Inquiry Center (APA–

200), FAA Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; or 

2. The FAA Regional Office of the 

region in which the affected airport is 

located. 

By Subscription—Copies of all SIAPs, 

mailed once every 2 weeks, are for sale 

by the Superintendent of Documents, 

U.S. Government Printing Office, 

Washington, DC 20402. 

FOR FURTHER INFORMATION CONTACT: 

Donald P. Pate, Flight Procedure 

Standards Branch (AFS–420), Flight 

Technologies and Programs Division, 

Flight Standards Service, Federal 

Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd., Oklahoma City, 

OK 73169 (Mail Address: P.O. Box 

25082, Oklahoma City, OK 73125) 

telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This 

amendment to Title 14, Code of Federal 

Regulations, Part 97 (14 CFR part 97) 

amends Standard Instrument Approach 

Procedures (SIAPs). The complete 

regulatory description of each SIAP is 

contained in the appropriate FAA Form 

8260, as modified by the the National 

Flight Data Center (FDC)/Permanent 

Notice to Airmen (P–NOTAM), which is 

incorporated by reference in the 

amendment under 5 U.S.C. 552(a), 1 

CFR part 51, and Section 97.20 of the 

Code of Federal Regulations. Materials 

incorporated by reference are available 

for examination or purchase as stated 

above. 

The large number of SIAPs, their 

complex nature, and the need for a 

special format make their verbatim 

publication in the Federal Register 

expensive and impractical. Further, 

airmen do not use the regulatory text of 

the SIAPs, but refer to their graphic 

depiction on charts printed by 

publishers of aeronautical materials. 

Thus, the advantages of incorporation 

by reference are realized and 

publication of the complete description 

of each SIAP contained in FAA form 

documents is unnecessary. The 

provisions of this amendment state the 

affected CFR sections, with the types 

and effective dates of the SIAPs. This 

amendment also identifies the airport, 

its location, the procedure identification 

and the amendment number. 

The Rule 

This amendment to 14 CFR part 97 is 

effective upon publication of each 

separate SIAP as amended in the 

transmittal. For safety and timeliness of 

change considerations, this amendment 

incorporates only specific changes 

contained for each SIAP as modified by 

FDC/P-NOTAMs. 

The SIAPs, as modified by FDC PNOTAM, and contained in this 

amendment are based on the criteria 

contained in the U.S. Standard for 

Terminal Instrument Procedures 

(TERPS). In developing these chart 

changes to SIAPs, the TERPS criteria 

were applied to only these specific 

conditions existing at the affected 

airports. All SIAP amendments in this 

rule have been previously issued by the 

FAA in a FDC NOTAM as an emergency 

action of immediate flight safety relating 

directly to published aeronautical 

charts. The circumstances which 

created the need for all these SIAP 

amendments requires making them 

effective in less than 30 days. 


rmajette on PROD1PC67 with RULES1