Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Rules and Regulations 56813 

provided with access to enable the 

performance of inservice testing of the 

pumps and valves for assessing 

operational readiness set forth in the 

editions and addenda of Section XI of 

the ASME Boiler and Pressure Vessel 

Code incorporated by reference in 

paragraph (b) of this section (or the 

optional ASME Code cases listed in 

NRC Regulatory Guide 1.147, through 

Revision 14, that are incorporated by 

reference in paragraph (b) of this 

section) applied to the construction of 

the particular pump or valve or the 

Summer 1973 Addenda, whichever is 

later. 

* * * * * 

(4) * * * 

(ii) Inservice tests to verify 

operational readiness of pumps and 

valves, whose function is required for 

safety, conducted during successive 

120-month intervals must comply with 

the requirements of the latest edition 

and addenda of the Code incorporated 

by reference in paragraph (b) of this 

section 12 months before the start of the 

120-month interval (or the optional 

ASME Code cases listed in NRC 

Regulatory Guide 1.147, through 

Revision 14, or 1.192 that are 

incorporated by reference in paragraph 

(b) of this section), subject to the 

limitations and modifications listed in 

paragraph (b) of this section. 

* * * * * 

(g) * * * 

(2) For a boiling or pressurized watercooled nuclear power facility whose 

construction permit was issued on or 

after January 1, 1971, but before July 1, 

1974, components (including supports) 

which are classified as ASME Code 

Class 1 and Class 2 must be designed 

and be provided with access to enable 

the performance of inservice 

examination of such components 

(including supports) and must meet the 

preservice examination requirements set 

forth in editions and addenda of Section 

XI of the ASME Boiler and Pressure 

Vessel Code incorporated by reference 

in paragraph (b) of this section (or the 

optional ASME Code cases listed in 

NRC Regulatory Guide 1.147, through 

Revision 14, that are incorporated by 

reference in paragraph (b) of this 

section) in effect six months before the 

date of issuance of the construction 

permit. The components (including 

supports) may meet the requirements set 

forth in subsequent editions and 

addenda of this Code which are 

incorporated by reference in paragraph 

(b) of this section (or the optional ASME 

Code cases listed in NRC Regulatory 

Guide 1.147, through Revision 14, that 

are incorporated by reference in 

paragraph (b) of this section), subject to 

the applicable limitations and 

modifications. 

(3) * * * 

(i) Components (including supports) 

which are classified as ASME Code 

Class 1 must be designed and be 

provided with access to enable the 

performance of inservice examination of 

these components and must meet the 

preservice examination requirements set 

forth in the editions and addenda of 

Section XI of the ASME Boiler and 

Pressure Vessel Code incorporated by 

reference in paragraph (b) of this section 

(or the optional ASME Code cases listed 

in NRC Regulatory Guide 1.147, through 

Revision 14, that are incorporated by 

reference in paragraph (b) of this 

section) applied to the construction of 

the particular component. 

(ii) Components which are classified 

as ASME Code Class 2 and Class 3 and 

supports for components which are 

classified as ASME Code Class 1, Class 

2, and Class 3 must be designed and be 

provided with access to enable the 

performance of inservice examination of 

these components and must meet the 

preservice examination requirements set 

forth in the editions and addenda of 

Section XI of the ASME Boiler and 

Pressure Vessel Code incorporated by 

reference in paragraph (b) of this section 

(or the optional ASME Code cases listed 

in NRC Regulatory Guide 1.147, through 

Revision 14, that are incorporated by 

reference in paragraph (b) of this 

section) applied to the construction of 

the particular component. 

* * * * * 

(4) * * * 

(i) Inservice examinations of 

components and system pressure tests 

conducted during the initial 120-month 

inspection interval must comply with 

the requirements in the latest edition 

and addenda of the Code incorporated 

by reference in paragraph (b) of this 

section on the date 12 months before the 

date of issuance of the operating license 

(or the optional ASME Code cases listed 

in NRC Regulatory Guide 1.147, through 

Revision 14, that are incorporated by 

reference in paragraph (b) of this 

section), subject to the limitations and 

modifications listed in paragraph (b) of 

this section. 

(ii) Inservice examination of 

components and system pressure tests 

conducted during successive 120-month 

inspection intervals must comply with 

the requirements of the latest edition 

and addenda of the Code incorporated 

by reference in paragraph (b) of this 

section 12 months before the start of the 

120-month inspection interval (or the 

optional ASME Code cases listed in 

NRC Regulatory Guide 1.147, through 

Revision 14, that are incorporated by 

reference in paragraph (b) of this 

section), subject to the limitations and 

modifications listed in paragraph (b) of 

this section. 

* * * * * 

Dated at Rockville, Maryland, this 31st day 

of August, 2005. 

For the Nuclear Regulatory Commission. 

Luis A. Reyes, 

Executive Director for Operations. 

[FR Doc. 05–19443 Filed 9–28–05; 8:45 am] 

BILLING CODE 7590–01–P 

SMALL BUSINESS ADMINISTRATION 

13 CFR Parts 121 and 125 

RIN 3245–AF38 

The Very Small Business Program 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Final rule. 

SUMMARY: The U.S. Small Business 

Administration (SBA or Agency) is 

amending its regulations to remove 

provisions relating to the Very Small 

Business Program (VSB). The Agency no 

longer has statutory authority to provide 

assistance under this program; therefore, 

the regulations are unnecessary. 

Without any authority to carry out the 

program, removal of the applicable 

regulations is a ministerial act that does 

not require a comment period. 

DATES: The rule is effective September 

29, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Dean Koppel, Assistant Administrator, 

Office of Procurement Policy and 

Liaison, (202) 205–7322 or 

Dean.Koppel@sba.gov. 

SUPPLEMENTARY INFORMATION: The VSB 

program was authorized as a pilot 

program by the Small Business 

Administration Reauthorization and 

Amendments Act of 1994 (Act). (See 

Pub. L. 103–403, Section 304). The 

purpose of the VSB program was to 

improve access to Federal contract 

opportunities for concerns that are 

substantially below SBA’s size 

standards by reserving certain 

procurements for competition among 

very small business concerns. 

Specifically, under the VSB program, 

federal agencies with procurement 

needs valued at $2,500 to $50,000 were 

required to give small businesses with 

15 or fewer employees, average annual 

revenues of less than $1 million, and 

that were located in certain designated 

areas, the first opportunity to meet those 

56814 Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Rules and Regulations 

needs. The pilot was originally 

scheduled to expire in 1998 but was 

extended until December 8, 2004, 

through a series of legislative actions. 

On December 8, 2004, President Bush 

signed Public Law 108–447, Division K, 

which included the Small Business 

Administration Reauthorization and 

Manufacturing Assistance Act of 2004. 

This Act gave SBA authorization to 

continue several programs but did not 

re-authorize the VSB program. Because 

SBA no longer has statutory authority to 

conduct the VSB program, the 

regulations applicable to the program 

are no longer necessary and will be 

removed from the Code of Federal 

Regulations. Removal of these 

regulations is an entirely administrative 

action that will minimize confusion 

about the status of the VSB program and 

how agencies are to conduct 

procurements. 

The expiration of the authority to give 

preference to very small businesses 

under the VSB program also impacts the 

Federal Acquisition Regulation (FAR). 

SBA has notified the Civilian Agency 

Acquisition Council (Council) as well as 

the Federal procurement agencies of the 

expiration of the VSB program and 

intends to work with the Council to 

implement the necessary amendments 

to the FAR. 

Compliance With Executive Orders 

12866, 12988, and 13132, the 

Paperwork Reduction Act (44 U.S.C. 

Ch. 35), and the Regulatory Flexibility 

Act (5 U.S.C. 601–612) 

OMB has determined that this final 

rule does not constitute a ’’significant 

regulatory action’’ under Executive 

Order 12866. 

For purposes of the Paperwork 

Reduction Act, 44 U.S.C. Ch. 35, the 

SBA determines that this rule does not 

impose new reporting or recordkeeping 

requirements. 

This action meets applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988, Civil 

Justice Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. The action does not have 

retroactive or preemptive effect. 

This regulation will not have 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, for the 

purposes of Executive Order 13132, 

SBA determines that this final rule has 

no federalism implications warranting 

preparation of a federalism assessment. 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 601–612, requires 

administrative agencies to consider the 

effect of their actions on small entities, 

small non-profit enterprises, and small 

local governments. Pursuant to the RFA, 

when an agency issues a rulemaking, 

the agency must prepare a regulatory 

flexibility analysis which describes the 

impact of the rule on small entities. 

However, section 605 of the RFA allows 

an agency to certify a rule, in lieu of 

preparing an analysis, if the rulemaking 

is not expected to have a significant 

economic impact on a substantial 

number of small entities. Within the 

meaning of RFA, SBA certifies that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

List of Subjects 

13 CFR Part 121 

Administrative practice and 

procedures, Government procurement, 

Government property, Reporting and 

recordkeeping requirements, Small 

businesses. 

13 CFR Part 125 

Government contracts, Government 

procurement, Small businesses, 

Reporting and recordkeeping 

requirements, Small businesses, 

Technical assistance. 

■ For the reasons stated in the preamble, 

the Small Business Administration 

amends 13 CFR parts 121 and 125 as 

follows: 

PART 121—SMALL BUSINESS SIZE 

REGULATIONS 

■ 1. The authority citation for Part 121 

is revised to read as follows: 

Authority: 15 U.S.C. 632(a), (p), (q), 

634(b)(6), 637(a), 644, and 662(5); Pub. L. 

105–135 sec. 401 et seq. 

■ 2. Revise § 121.401 to read as follows: 

§ 121.401 What procurement programs are 

subject to size determinations? 

The rules set forth in §§ 121.401 

through 121.413 apply to all Federal 

procurement programs for which status 

as a small business is required or 

advantageous, including the small 

business set-aside program, SBA’s 

Certificate of Competency program, 

SBA’s 8(a) Business Development 

program, SBA’s HUBZone program, 

SBA’s Service-Disabled Veteran-Owned 

Small Business program, the Small 

Business Subcontracting program, and 

the Federal Small Disadvantaged 

Business (SDB) program. 

§ 121.413 [Removed and Reserved] 

■ 3. Remove and reserve § 121.413. 

PART 125—GOVERNMENT 

CONTRACTING PROGRAMS 

■ 4. The authority citation for Part 125 

is revised to read as follows: 

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

637; 644 and 657(f). 

§ 125.7 [Removed and Reserved] 

■ 5. Amend Part 125 by removing and 

reserving § 125.7. 

■ 6. Revise § 125.13 to read as follows: 

§ 125.13 May 8(a) Program participants, 

HUBZone SBCs, Small and Disadvantaged 

Businesses, or Women-Owned Small 

Businesses qualify as SDVO SBCs? 

Yes, 8(a) Program participants, 

HUBZone SBCs, Small and 

Disadvantaged Businesses, and WomenOwned SBCs, may also qualify as SDVO 

SBCs if they meet the requirements in 

this subject. 

Dated: September 23, 2005. 

Hector V. Barretto, 

Administrator. 

[FR Doc. 05–19512 Filed 9–28–05; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20796; Directorate 

Identifier 2004–NM–160–AD; Amendment 

39–14299; AD 2005–20–06] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A300 B2 and A300 B4 Series Airplanes; 

Model A300 B4–600, B4–600R and F4–

600R Series Airplanes, and Model A300 

C4–605R Variant F Airplanes 

(Collectively Called A300–600 Series 

Airplanes); and Model A310–200 and 

–300 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all the 

Airbus models identified above. This 

AD requires modifying the electrical 

power supply logic for the integral 

lighting of the standby horizon indicator 

in the cockpit, accomplishing repetitive 

operational tests of the integral lighting 

logic system, and performing corrective 

action if necessary. This AD is 

prompted by a report of temporary loss 

of six cathode ray tube (CRT) flight 

displays and the integral lighting of the