Federal Register / Vol. 88, No. 195 / Wednesday, October 11, 2023 / Rules and Regulations 70343 

PART 125—GOVERNMENT 

CONTRACTING PROGRAMS 

■ 1. The authority citation for 13 CFR 

part 125 is revised to read as follows: 

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

637, 644, 657f, 657q, 657r, and 657s; 38 

U.S.C. 501 and 8127. 

■ 2. Amend § 125.3 by: 

■ a. Removing the number ‘‘$650,000’’ 

in paragraph (a) introductory text and 

adding in its place the number 

‘‘$750,000’’; 

■ b. Revising paragraph (a)(1)(i)(C); 

■ c. Removing the word ‘‘and’’ after the 

semicolon at the end of paragraph 

(c)(1)(xi); 

■ d. Redesignating paragraph (c)(1)(xii) 

as paragraph (c)(1)(xiii); and 

■ e. Adding a new paragraph (c)(1)(xii). 

The revision and addition read as 

follows: 

§ 125.3 What types of subcontracting 

assistance are available to small 

businesses? 

(a) * * * 

(1) * * * 

(i) * * * 

(C) Where the subcontracting goals 

pertain only to a single contract with 

one Federal agency, the contractor may 

elect to receive credit for small business 

concerns performing as first-tier 

subcontractors or subcontractors at any 

tier pursuant to the subcontracting plans 

required under paragraph (c) of this 

section in an amount equal to the dollar 

value of work awarded to such small 

business concerns. The election must be 

recorded in the subcontracting plan. If 

the contractor elects to receive credit for 

subcontractors at any tier, the following 

requirements apply: 

(1) The prime contractor must 

incorporate the subcontracting-plan 

goals of their lower-tier subcontractors 

in its individual-subcontracting-plan 

goals. 

(2) To receive credit for their 

subcontracting, lower-tier 

subcontractors must have their own 

individual subcontracting plans. 

(3) The prime contractor and any 

subcontractor with a subcontracting 

plan are responsible for reporting on 

subcontracting performance under their 

contracts or subcontracts at their first 

tier. This reporting method applies to 

both individual subcontracting reports 

and summary subcontracting reports. 

(4) The prime contractor’s 

performance under its individual 

subcontracting plan will be calculated 

by aggregating the prime contractor’s 

first-tier subcontracting achievements 

with the achievements of the prime 

contractor’s lower-tier subcontractors 

that have flow-down subcontracting 

plans. 

(5) If the subcontracting goals pertain 

to more than one contract with one or 

more Federal agencies, or to one 

contract with more than one Federal 

agency, the prime contractor shall 

receive credit only for first-tier 

subcontractors that are small business 

concerns. This restriction applies to all 

commercial plans, all comprehensive 

subcontracting plans with the 

Department of Defense, 

governmentwide contracts, and multiagency contracts. 

* * * * * 

(c) * * * 

(1) * * * 

(xii) The prime contractor must 

provide a written statement of the types 

of records it will maintain to 

demonstrate that procedures have been 

adopted to substantiate the 

subcontracting credit that the prime 

contractor elects under paragraph 

(a)(1)(i)(C) of this section; and 

* * * * * 

Isabella Casillas Guzman, 

Administrator. 

[FR Doc. 2023–22466 Filed 10–10–23; 8:45 am] 

BILLING CODE 8026–09–P 

SMALL BUSINESS ADMINISTRATION 

13 CFR Part 125 

RIN 3245–AH70 

Ownership and Control and 

Contractual Assistance Requirements 

for the 8(a) Business Development 

Program; Correction 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Correcting amendments. 

SUMMARY: The Small Business 

Administration (SBA) is correcting a 

final rule that was published in the 

Federal Register on April 27, 2023. The 

rule implemented several changes to the 

ownership and control requirements for 

the 8(a) Business Development program, 

implemented changes relating to 8(a) 

contracts, and implemented a statutory 

amendment in the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2022. 

DATES: Effective October 11, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Donna Fudge, U.S. Small Business 

Administration, Office of Policy, 

Planning, and Liaison, 409 Third Street 

SW, Washington, DC 20416; (202) 205– 

6363; Donna.fudge@sba.gov. This phone 

number may also be reached by 

individuals who are deaf or hard of 

hearing, or who have speech 

disabilities, through the Federal 

Communications Commission’s TTYBased Telecommunications Relay 

Service teletype service at 711. 

SUPPLEMENTARY INFORMATION: On April 

27, 2023, SBA amended its regulation to 

implement changes to the ownership 

and control requirements for the 8(a) 

Business Development program, 

implement changes related to 8(a) 

contracts, and implement a statutory 

amendment from section 863 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2022. This 

is the second set of corrections. The first 

set of corrections was published in the 

Federal Register on May 5, 2023. (88 FR 

28985). This document augments those 

corrections. 

In the final rule at § 125.8(b)(iv), SBA 

inadvertently omitted a regulatory 

change instruction to clarify language 

stating how the funds remaining in the 

joint venture bank account at the 

conclusion of the joint venture 

contract(s) and/or termination of the 

joint venture are to be distributed. This 

paragraph is revised to state that the 

funds remaining in the joint venture 

bank account shall be distributed at the 

termination of the joint venture 

according to the percentage of 

ownership. 

This document also corrects a citation 

in 13 CFR 125.4(c)(5). 

List of Subjects in 13 CFR Part 125 

Government contracts, Government 

procurement, Reporting and 

recordkeeping requirements, Small 

businesses, Technical assistance. 

PART 125—GOVERNMENT 

CONTRACTING PROGRAMS 

■ 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, 657r and 657s. 

■ 2. Amend § 125.4 by revising (c)(5) to 

read as follows: 

§ 125.4 What is the Government property 

sales assistance program? 

* * * * * 

(c) * * * 

(5) These provisions are contained in 

§§ 121.501 through 121.512 of this 

chapter. 

■ 3. Amend § 125.8 by revising (b)(2)(iv) 

to read as follows: 

§ 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? 

* * * * * 

(b) * * * 

(2) * * * 

(iv) Stating that the small business 

participant(s) must receive profits from 


lotter on DSK11XQN23PROD with RULES1
70344 Federal Register / Vol. 88, No. 195 / Wednesday, October 11, 2023 / Rules and Regulations 

the joint venture commensurate with 

the work performed by them, or a 

percentage agreed to by the parties to 

the joint venture whereby the small 

business participant(s) receive profits 

from the joint venture that exceed the 

percentage commensurate with the work 

performed by them, and that at the 

termination of a joint venture, any funds 

remaining in the joint venture bank 

account shall be distributed according 

to the percentage of ownership; 

* * * * * 

Larry Stubblefield, 

Acting Associate Administrator, Government 

Contracting and Business Development. 

[FR Doc. 2023–22370 Filed 10–10–23; 8:45 am] 

BILLING CODE 8026–09–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 21 

[Docket No. FAA–2023–0623] 

Policy for Type Certification of Very 

Light Airplanes as a Special Class of 

Aircraft 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notification of policy. 

SUMMARY: The FAA announces the 

policy for the type certification of Very 

Light Airplanes (VLA) as a special class 

of aircraft under the Federal Aviation 

Regulations. 

DATES: This policy is effective October 

11, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Hieu Nguyen, Product Policy 

Management, AIR–62B, Policy and 

Standards Division, Aircraft 

Certification Service, Federal Aviation 

Administration; telephone 816–329– 

4123; email hieu.nguyen@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

policy, which published in the Federal 

Register on August 9, 2023 (88 FR 

53815). The FAA received comments 

from two commenters. The comments 

are available to view in Docket No. 

FAA–2023–0623 at 

www.regulations.gov. 

Discussion of Comments 

The FAA received one comment from 

an individual that was unrelated to the 

notice and outside the scope of the 

proposed policy. The other comment 

was a request from the General Aviation 

Manufacturers Association asking for a 

30-day extension to the comment 

period. However, the FAA did not 

extend the comment period. The FAA 

chose a 30-day comment period because 

it balances the need to have a final 

policy available for applicants with the 

need for interested persons to have time 

to comment on the proposed policy. The 

FAA determined that a 30-day comment 

period provided adequate time for 

interested persons to submit comments 

and that it would not be in the public 

interest to extend the comment period. 

Authority Citation 

The authority citations for these 

airworthiness criteria are as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

Policy 

The FAA will continue to allow type 

certification of VLA as a special class of 

aircraft under 14 CFR 21.17(b) using 

CS–VLA or JAR–VLA requirements, 

while also allowing eligibility for 

certification as a normal category 

airplane in accordance with part 23 

using accepted means of compliance. 

The FAA accepts CS–VLA and JAR– 

VLA airworthiness criteria as providing 

an equivalent level of safety under 

§ 21.17(b) special class type certification 

of VLA airplanes. The FAA will 

consider proposals for airplane designs 

that differ from the VLA limits defined 

in AC 21.17–3 for type certification as 

a special class of aircraft under 

§ 21.17(b), provided the VLA were 

certificated to the JAR–VLA or CS–VLA 

requirements plus additional 

airworthiness criteria the FAA finds 

appropriate and applicable for the 

proposed design. Additional design 

requirements may include but are not 

limited to the airworthiness criteria 

identified in the following paragraphs. 

Other additional airworthiness criteria 

may be required to address specific 

design proposals. 

Advanced Avionic Displays 

If the airplane has advanced avionic 

displays installed, the following 

requirements from 14 CFR part 23 

apply: 

• 14 CFR 23.1307 at amendment 23– 

49, Miscellaneous Equipment. 

• 14 CFR 23.1311 at amendment 23– 

62, Electronic Display Instrument 

Systems. 

• 14 CFR 23.1321 at amendment 23– 

49, Arrangement and Visibility. 

• 14 CFR 23.1359 at amendment 23– 

49, Electrical System Fire Protection. 

Winglets 

If the airplane has any outboard fins 

or winglets installed, the design must 

comply with JAR 23.445. 

Engine Mount to Composite Airframe 

VLA.001 

The requirements in this section are 

applicable to airplanes with an engine 

mounting to composite airframe. Tests 

must be performed that demonstrate 

that the interface between the metallic 

engine mount and the glass fiber 

reinforced plastic fuselage withstand a 

fire for 15 minutes while carrying loads 

under the following conditions: 

(a) With one lost engine mount fitting 

the loads are distributed over the 

remaining three engine mount fittings. 

The most critical of these fittings must 

be chosen for the test. 

The loads are: 

(1) In Z-direction the mass of the 

propulsion unit multiplied by a 

maneuvering load factor resulting from 

a 30° turn for 15 minutes, superimposed 

by a maneuvering load of 3 seconds 

representing the maximum positive 

limit maneuvering load factor of n=3.8 

from JAR–VLA 337(a). 

(2) In X-direction the engine 

propulsion force at maximum 

continuous power for 5 minutes. 

(b) The flame to which the component 

test arrangement is subjected must 

provide a temperature of 500 °C within 

the target area. 

(c) The flame must be large enough to 

maintain the required temperature over 

the entire test zone, i.e., the fitting on 

the engine compartment side. 

(d) It must be shown that the test 

equipment, e.g., burner and 

instrumentation are of sufficient power, 

size, and precision to yield the test 

requirements arising from paragraphs (a) 

through (c) of this section. 

Night-VFR Operations 

VLA.005 

The requirements in sections VLA.005 

through VLA.105 are applicable to 

airplanes with a single engine (spark- or 

compression-ignition) having not more 

than two seats, with a maximum 

certificated takeoff weight of not more 

than 750 kg and a stalling speed in the 

landing configuration of not more than 

83 km/h (45 knots)(CAS), to be 

approved for day-VFR [visual flight 

rules] or for day-and night-VFR. 

VLA.010 

(a) Any short period oscillation not 

including combined lateral-directional 

oscillations occurring between the 

stalling speed and the maximum 

allowable speed appropriate to the 


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