[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Rules and Regulations]
[Pages 27859-27860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11712]
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SMALL BUSINESS ADMINISTRATION
13 CFR Part 124
[Docket No.: SBA-2011-0013]
8(a) Business Development Program Regulation Changes; Tribal
Consultation
AGENCY: U.S. Small Business Administration.
ACTION: Notice of tribal consultation meetings; request for comments.
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SUMMARY: On February 11, 2011, the U.S. Small Business Administration
(SBA or Agency) published a final rule in the Federal Register making
changes to the regulations governing the section 8(a) Business
Development (BD) program. SBA announces that it is holding tribal
consultation meetings in Milwaukee, Wisconsin and Anchorage, Alaska to
discuss the recent changes to the 8(a) BD program regulations,
specifically to take comments on the mandatory reporting of community
benefits provision scheduled to take effect on September 9, 2011,
unless SBA further delays implementation through publication in the
Federal Register. Testimony presented at these tribal consultation
meetings will become part of the administrative record for SBA's
consideration when the Agency deliberates on approaches to tracking
community benefits.
DATES: Comments are requested on or before June 8, 2011.
The Tribal Consultation meetings will be held on Wednesday, June
15, 2011, from 1 p.m. to 4 p.m. at the National Congress of American
Indian Mid Year Conference in the Hyatt Regency in Milwaukee, Wisconsin
and on Thursday, June 23, 2011, from 1 p.m. to 4 p.m. at the National
8(a) Association Summer Conference in the Dena'ina Civic and Convention
Center in Anchorage, Alaska 99501.
The tribal consultation meeting pre-registration deadline date is
June 8, 2011 at 5 p.m. (Eastern Standard Time) for the Milwaukee
location and June 16, 2011 at 5 p.m. (Eastern Standard Time) for the
Anchorage location.
ADDRESSES: You may submit comments, identified by Docket Number SBA-
2011-0013 using the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Identify
comments by ``Docket Number SBA-2011-0013, 8(a) Business Development
program Regulation Changes; Tribal Consultation,'' and follow the
instructions for submitting comments.
Mail: U.S. Small Business Administration, Office of Business
Development, 490 3rd Street, SW., Washington, DC 20416.
SBA will post comments on http://www.regulations.gov. If you wish
to submit confidential business information (CBI) as defined in the
User Notice at http://www.regulations.gov, please submit information to
Ms. LaTanya Wright, Senior Advisor for Office of Business Development,
490 3rd Street, SW., Washington, DC 20416. Highlight the information
that you consider to be CBI, and explain why you believe this
information should be held confidential. SBA will review the
information and make the final determination of whether it will publish
the information or not.
1. The Milwaukee Tribal Consultation meeting address is the Hyatt
Regency, 333 West Kilbourn Avenue, Milwaukee, WI 53203.
2. The Anchorage Tribal Consultation address is the Dena'ina Civic
and Convention Center, 600 W. 9th Avenue, Anchorage, AK 99501.
3. Send pre-registration requests to attend and/or testify to Ms.
Chequita Carter, Office of Native American Affairs, U.S. Small Business
Administration, 409 Third Street, SW., Washington, DC 20416; by email;
[email protected] or by facsimile to (202) 205-6139.
FOR FURTHER INFORMATION CONTACT: If you have questions on SBA's Final
Rule for the 8(a) BD program, call or e-mail Ms. LaTanya Wright, Senior
Advisor, Office of Business Development, at (202) 205-5852, or
[email protected]. If you have questions about registering or
attending the tribal consultation, please contact Ms. Chequita Carter
at
[[Page 27860]]
(202) 205-7364 or email [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On February 11, 2011 (76 FR 8222), SBA issued a Final Rule,
publicly available at http://www.gpo.gov/fdsys/pkg/FR-2011-02-11/pdf/2011-2581.pdf. In that document, SBA made changes to the regulations
governing the 8(a) BD program regulations, its small business size
regulations, and regulations affecting Small Disadvantaged Businesses
(SDBs). Some of the changes involve technical issues. Other changes are
more substantive and result from SBA's experience in implementing 8(a)
BD program regulations. One change is the addition of new reporting
requirements for 8(a) Participants. Specifically, the final rule
requires those 8(a) Participants owned by ANCs, tribes, NHOs, and CDCs
to submit overall information relating to how 8(a) participation has
benefited the tribal or native members and/or the tribal, native or
other community as part of each Participant's annual review
submissions, including information about funding cultural programs,
employment assistance, jobs, scholarships, internships, subsistence
activities, and other services to the affected community.
SBA received several comments recommending it delay implementation
of any reporting of benefits requirement to allow affected firms to
gather and synthesize this data. In addition, these commenters
encouraged SBA to establish a task force, comprised of native leaders
and SBA, to further study how this requirement could be best
implemented without imposing an undue burden on tribes, ANCs, NHOs or
CDCs, or on their affected 8(a) Participants. SBA agreed and delayed
implementation of new Sec. 124.604 for six months after the effective
date for the other provisions of the final rule. These tribal
consultations are for the purpose of developing best practices for
collecting and utilizing the data. SBA expects that two Participants
owned by the same tribe, ANC, NHO or CDC will submit identical data
describing the benefits provided by the tribe, ANC, NHO or CDC.
II. Tribal Consultation Meetings
The purpose of these tribal consultation meetings is to conform to
the requirements of Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments''; to provide interested
parties with an opportunity to discuss the 8(a) BD program regulatory
changes; and for SBA to obtain the comments of SBA's stakeholders on
approaches to tracking community benefits. In addition to general oral
and written comments about 8(a) BD program provisions, SBA is
requesting oral and written comments on approaches to tracking
community benefits as required by the 8(a) BD program regulations. SBA
considers tribal consultation meetings a valuable component of its
deliberations and believes that these tribal consultation meetings will
allow for constructive dialogue with the tribal community, Tribal
Leaders, Elders and elected members of Alaska Native Villages or their
appointed representatives.
The format of these tribal consultation meetings will consist of a
panel of SBA representatives who will preside over the session. The
oral and written testimony will become part of the administrative
record for SBA's consideration. Written testimony may be submitted in
lieu of oral testimony.
SBA requests that the comments address possible formats which the
information should be transmitted to SBA and whether the data should be
submitted at the time of the annual review (Participant's anniversary)
or if another time in the year, such as the fiscal or calendar year, is
better. In order to better report the data SBA is considering revisions
to SBA Form 1450 for uniform reporting. One method SBA is considering
is using a data list supported by a narrative format. The list would
comprise of hard data and a narrative explaining the significance in
benefits flowing to the community. SBA requests that commenters discuss
the proposed methodology and offer any alternatives.
SBA will analyze the testimony, both oral and written, along with
any written comments received. SBA officials may ask questions of a
presenter to clarify or further explain the testimony. The purpose of
the tribal consultation is to discuss changes to the new reporting
requirements for 8(a) BD program Participants owned by tribes, ANCs,
NHOs and CDCs with the tribal community, Tribal Leaders, Elders and
elected members of Alaska Native Villages or their appointed
representatives and to seek their comments on approaches to tracking
community benefits. SBA requests that the comments focus on the new
regulatory changes as stated in the Agency's Final Rule and commenters
not raise issues pertaining to other SBA small business programs.
Presenters may provide a written copy of their testimony. SBA will
accept written material that the presenter wishes to provide that
further supplements his or her testimony. Electronic or digitized
copies are encouraged.
The tribal consultation meetings will be held for half a day. The
Milwaukee meeting will begin at 1 p.m. and end at 4 p.m. The Anchorage
meeting will begin at 1 p.m. and end at 4 p.m. SBA will adjourn early
if all those scheduled have delivered their testimony.
III. Registration
SBA respectfully requests that an elected or appointed
representative of the tribal communities that are interested in
attending please pre-register in advance and indicate whether you would
like to testify at the hearing. Registration requests should be
received by SBA by June 8, 2011 at 5 p.m. (Eastern Standard Time) for
Milwaukee and June 16, 2011 at 5 p.m. (Eastern Standard Time) for
Anchorage. Please contact Ms. Chequita Carter in SBA's Office of Native
American Affairs in writing at [email protected] or by facsimile
at (202) 205-6139.
If you are interested in testifying, please include the following
information relating to the person testifying: Name, Organization
affiliation, Address, Telephone number, E-mail address and Fax number.
SBA will attempt to accommodate all interested parties who wish to
present testimony. Based on the number of registrants, it may be
necessary to impose time limits to ensure that everyone who wishes to
testify has the opportunity to do so. SBA will confirm in writing the
registration of presenters and attendees.
IV. Information on Service for Individuals With Disabilities
For information on facilities or services for individuals with
disabilities or to request special assistance at the tribal
consultation meeting, contact Ms. Chequita Carter at the telephone
number or e-mail address indicated under the FOR FURTHER INFORMATION
CONTACT section of this notice.
Authority: 15 U.S.C. 632, 634(b) (6), 636(b), 637(a), 644 and
662 (5); Pub. L. 105-135, sec. 401 et seq., 111 Stat. 2592; and,
E.O. 13175, 65 FR 67249.
Dated: May 6, 2011.
Clara Pratte,
National Director for the Office of Native American Affairs.
[FR Doc. 2011-11712 Filed 5-12-11; 8:45 am]
BILLING CODE 8025-01-P