Unknown. Direct final rule

5,015 words·~23 min read·/register/2022/08/19/2022-17828

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2022-08-19.xml --- 87 160 Friday, August 19, 2022 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 51111-51113 2022-17848 Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Continuance Referendum: Pistachios Grown in California, Arizona, and New Mexico, 51006 2022-17825 NOTICES Opportunity for United States Grain Standards Act Designation:

Alabama: Essex, Illinois: Missouri; Hastings, Nebraska; Aberdeen, South Dakota; and Washington areas; and Request for Comments on the Official Agencies Servicing These Areas, 51053-51054 2022-17839 Agriculture Agriculture Department See Agricultural Marketing Service AIRFORCE Air Force Department NOTICES Meetings: 2022 Public Interface Control Working Group for NAVSTAR GPS Public Documents, 51067-51068 2022-17673 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Board of Scientific Counselors, National Institute for Occupational Safety and Health, 51113-51114 2022-17841 Coast Guard Coast Guard RULES Safety Zone: Seneca Creek, Baltimore County, MD, 50935-50937 2022-17869 NOTICES Meetings: National Maritime Security Advisory Committee, 51117-51118 2022-17870 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 51064-51065 2022-17886 2022-17887 Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Swap Documentation, 51065-51066 2022-17840 Charter Amendments, Establishments, Renewals and Terminations: Global Markets Advisory Committee, 51067 2022-17917 Fiscal Year 2020 Service Contract Inventory, 51065 2022-17813 Consumer Product Consumer Product Safety Commission RULES Safety Standard for Sling Carriers, 50929-50934 2022-17707 Defense Department Defense Department See Air Force Department See Navy Department PROPOSED RULES Acquisition Regulation:

Use of Project Labor Agreements for Federal Construction Projects, 51044-51052 2022-17067 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 51068 C1-2022-16970 Meetings: Board of Regents, Uniformed Services University of the Health Sciences, 51068 2022-17893 Education Department Education Department RULES Final Priorities, Requirements, and Definition: Project Prevent Grant Program, 50937-50945 2022-17934 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Student Loan Data System, 51082-51083 2022-17845 Applications for New Awards: Lead of a Career and Technical Education Network: Research Networks Focused on Critical Problems of Education Policy and Practice Program, 51070-51072 2022-17847 Project Prevent Grant Program, 51072-51078 2022-17932 Research Networks Focused on Critical Problems of Education Policy and Practice and Special Education Research and Development Center Program, 51078-51082 2022-17850 Employee Benefits Employee Benefits Security Administration NOTICES Requests for Nominations:

Advisory Council on Employee Welfare and Pension Benefit Plans, 51142-51143 2022-17858 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Required Elements for Submission of the Unified or Combined State Plan and Plan Modifications under the Workforce Innovation and Opportunity Act, 51144-51145 2022-17903 Meetings: Advisory Committee on Apprenticeship, 51143-51144 2022-17857 Energy Department Energy Department See Federal Energy Regulatory Commission See National Nuclear Security Administration RULES Energy Conservation Program:

Test Procedure for External Power Supplies, 51200-51227 2022-15975 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Pennsylvania; Reasonably Available Control Technology Determinations for Case-by-Case Sources under the 1997 and/or 2008 8-Hour Ozone National Ambient Air Quality Standards, 50945-50952 2022-17448 New Stationary Sources: South Carolina; Supplemental Delegation of Authority, 50952-50953 2022-17112 Pesticides:

Certification of Pesticide Applicators; Further Extension to Expiration Date of Certification Plans, 50953-50965 2022-17823 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Maryland; Clean Data Determination and Approval of Select Attainment Plan Elements for the Anne Arundel County and Baltimore County, MD Sulfur Dioxide Nonattainment Area, 51006-51016 2022-17341 New Jersey; Regional Haze State Implementation Plan for the Second Implementation Period, 51016-51041 2022-17265 New Mexico;

Clean Air Act Requirements for Nonattainment New Source Review Permitting for the 2015 8-Hour Ozone National Ambient Air Quality Standards, 51041-51044 2022-17384 NOTICES Environmental Impact Statements; Availability, etc., 51090 2022-17884 Requests for Nominations: Science Advisory Board Clean Air Status and Trends Network, 51090-51091 2022-17871 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Victoria, TX, 50928-50929 2022-17760 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 51188 2022-17821 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 51092-51095 2022-17929 2022-17930 Meetings: Technological Advisory Council, 51091 2022-17854 Federal Contract Federal Contract Compliance Programs Office NOTICES Freedom of Information Act for Federal Contractors: Type 2 Consolidated EEO-1 Report Data, 51145-51147 2022-17882 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 51086-51089 2022-17816 2022-17819 2022-17905 Effectiveness of Exempt Wholesale Generator and Foreign Utility Company Status:

Cutlass Solar LLC, SJRR Power LLC, Victoria Port Power II, et al., 51089 2022-17874 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Buffalo Ridge Wind, LLC, 51087 2022-17912 Three Corners Solar, LLC, 51088 2022-17817 Transfer of Exemption: Northwoods Renewables, LLC, Parker and Nelson Holdings, LLC, 51089 2022-17875 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions: Proposed Highway in California, 51188-51189 2022-17852 Federal Housing Finance Agency Federal Housing Finance Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 51095-51098 2022-17938 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hours of Service of Drivers: Application for Exemption; Ronnie Brown III, 51189-51190 2022-17831 Federal Railroad Federal Railroad Administration NOTICES Request for Information: Interstate Rail Compacts Program, 51190-51192 2022-17888 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 51098-51099 2022-17824 2022-17925 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 51110 2022-17808 Guidelines for Evaluating Account and Services Requests, 51099-51110 2022-17885 Fish Fish and Wildlife Service RULES Migratory Bird Hunting: 2022-2023 Seasons for Certain Migratory Game Birds, 50965-51004 2022-17698 NOTICES Endangered Species:

Recovery Permit Applications, 51126-51127 2022-17898 Environmental Impact Statements; Availability, etc.: Tijuana Estuary Tidal Restoration Program II Phase I, 51124-51126 2022-17235 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activity: Albion Laboratories, Inc., Foreign-Trade Zone 30, Salt Lake City, UT, 51054 2022-17855 General Services General Services Administration PROPOSED RULES Acquisition Regulation: Use of Project Labor Agreements for Federal Construction Projects, 51044-51052 2022-17067 NOTICES Environmental Assessments;

Availability, etc.: Calexico West Land Port of Entry Temporary Pedestrian Process Facility Calexico, CA, 51110-51111 2022-17923 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See National Institutes of Health NOTICES Meetings: Presidential Advisory Council on HIV/AIDS, 51114 2022-17812 President's Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders, 51114-51115 2022-17843 Homeland Homeland Security Department See Coast Guard See U.S.

Citizenship and Immigration Services See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Meetings: Housing Counseling Federal Advisory Committee, 51118-51119 2022-17859 Privacy Act; System of Records, 51119-51124 2022-17895 2022-17904 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Ocean Energy Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Cold-Rolled Steel Flat Products from the People's Republic of China and the Republic of Korea, 51056-51059 2022-17919 Polyester Staple Fiber from the Republic of Korea and Taiwan, 51055-51056 2022-17920 Sulfanilic Acid from India; Recission, 51055 2022-17856 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Laparoscopic Surgical Staplers, Reload Cartridges, and Components Thereof, 51142 2022-17832 Sodium Nitrite from Russia, 51141-51142 2022-17814 Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Federal Contract Compliance Programs Office See Mine Safety and Health Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Access to Multiemployer Plan Information, 51148-51149 2022-17911 Prohibited Transaction Class Exemption for Residential Mortgage Financing Arrangements Involving Employee Benefit Plans, 51148 2022-17910 Prohibited Transaction Exemption for Securities Lending by Employee Benefit Plans, 51147-51148 2022-17909 Land Land Management Bureau NOTICES Realty Action: Land Sale Segregation; Arizona, 51128-51129 2022-17928 Maritime Maritime Administration NOTICES Coastwise Endorsement Eligibility Determination for a Foreign-Built Vessel:

Bonkers (Motor), 51194-51195 2022-17860 Lady Lila (Motor), 51192-51193 2022-17861 Mirabella (Motor), 51194 2022-17862 Serenity (Motor), 51193 2022-17863 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Applications For Permits to Fire More than 20 Boreholes and For Use of Non-permissible Blasting Units, Explosives, and Shot-firing Units; and Posting Notices of Misfires, 51149-51150 2022-17908 Certificate of Electrical Training, 51151-51152 2022-17906 Operations Mining Under a Body of Water, 51150-51151 2022-17907 NASA National Aeronautics and Space Administration PROPOSED RULES Acquisition Regulation:

Use of Project Labor Agreements for Federal Construction Projects, 51044-51052 2022-17067 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 51115-51116 2022-17836 National Institute of General Medical Sciences, 51115 2022-17838 National Institute of Neurological Disorders and Stroke, 51116-51117 2022-17849 2022-17877 National Institute on Aging, 51116 2022-17837 Energy National Nuclear National Nuclear Security Administration NOTICES Environmental Impact Statements;

Availability, etc.: Los Alamos National Laboratory, 51083-51086 2022-17901 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska: Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 51004-51005 2022-17926 NOTICES Application: Marine Mammals; File No. 26532, 51060 2022-17818 Meetings: New England Fishery Management Council, 51059-51060 2022-17896 Pacific Fishery Management Council, 51061 2022-17892 South Atlantic Fishery Management Council, 51060-51061 2022-17891 Western Pacific Fishery Management Council, 51062-51064 2022-17897 Requests for Nominations:

Ocean Exploration Advisory Board, 51061-51062 2022-17899 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 51158-51159 2022-18093 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.: Disposal of Decommissioned, Defueled Ex-Enterprise and its Associated Naval Reactor Plants; Meeting, 51068-51070 2022-17502 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Nondiscrimination on the Basis of Sex in Educational Programs or Activities Receiving Federal Financial Assistance, 51160-51161 2022-17890 NRCareers (Monster Government Solutions), 51159-51160 2022-17809 Security Acknowledgement and Termination, 51161-51162 2022-17811 Meetings; Sunshine Act, 51159 2022-18030 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Nationally Recognized Testing Laboratories: CSA Group Testing and Certification, Inc.;

Grant of Expansion of Recognition, 51157-51158 2022-17880 Eurofins Electrical and Electronic Testing NA, Inc. a/k/a MET Laboratories, Inc.; Grant of Expansion of Recognition, 51155-51156 2022-17878 FM Approvals, LLC; Grant of Expansion of Recognition, 51154-51155 2022-17879 Intertek Testing Services NA, Inc.; Grant of Expansion of Recognition, 51156-51157 2022-17883 UL, LLC; Application for Expansion of Recognition, 51152-51154 2022-17881 Ocean Energy Management Ocean Energy Management Bureau NOTICES Outer Continental Shelf Official Protraction Diagrams and Official Protraction Aliquot Diagrams, 51133-51134 2022-17853 Request for Competitive Interest:

Research Lease on the Outer Continental Shelf in the Gulf of Maine, 51134-51141 2022-17922 Request for Information: Commercial Leasing for Wind Energy Development on the Gulf of Maine Outer Continental Shelf, 51129-51133 2022-17921 Postal Regulatory Postal Regulatory Commission NOTICES Classification Changes, 51164 2022-17842 New Postal Products, 51163 2022-17916 Service Standard Changes, 51162-51163 2022-17873 Postal Service Postal Service NOTICES Elimination of Parcel Return Service Product, 51164-51179 2022-17716 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Colombia;

Continuation of U.S. Drug Interdiction Assistance (Presidential Determination No. 2022-20 of August 9, 2022), 51233 2022-18116 Foreign Assistance Act of 1961; Delegation of Authority Under Section 506(a)(1) (Memorandum of August 8, 2022), 51229-51231 2022-18115 Trans-Sahara Counterterrorism Partnership Program Act of 2022; Delegation of Authority (Memorandum of August 12, 2022), 51235 2022-18117 Science Technology Science and Technology Policy Office NOTICES Request for Information:

Identifying Critical Needs to Inform a Federal Decadal Strategic Plan for the Interagency Council for Advancing Meteorological Services, 51180-51181 2022-17894 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: NYSE Arca, Inc., 51181-51184 2022-17830 Small Business Small Business Administration RULES Small Businesses in United States Territories: Eligibility of the Commonwealth of the Northern Mariana Islands, 50925-50928 2022-17828 NOTICES Disaster or Emergency Declaration and Related Determination:

Florida, 51184 2022-17829 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Ancestor

(Uli)Figure, 51184-51185 2022-17864 Determination under the Foreign Assistance Act to Provide Military Assistance to Ukraine, 51185-51186 2022-17815 2022-17820 2022-17826 2022-17827 2022-17833 2022-17834 2022-17835 Surface Transportation Surface Transportation Board NOTICES Acquisition of Control: Van Pool Transportation, LLC, DS Bus Lines, Inc., 51186-51188 2022-17872 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Extension and Redesignation of Syria for Temporary Protected Status; Correction, 51118 2022-17931 Customs U.S. Customs and Border Protection RULES Vessel Repair Duties for Vessels Entering U.S. Ports; Correction, 50934-50935 2022-17758 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Maintenance of Records, 51196-51197 2022-17822 Maintenance of Records; Correction, 51195-51196 2022-17865 Monthly Certification of Flight Training, 51196 2022-17876 Meetings: National Academic Affiliations Council, 51197 2022-17918 Special Medical Advisory Group, 51196 2022-17902 Separate Parts In This Issue Part II Energy Department, 51200-51227 2022-15975 Part III Presidential Documents, 51229-51231, 51233, 51235 2022-18116 2022-18115 2022-18117 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 87 160 Friday, August 19, 2022 Rules and Regulations SMALL BUSINESS ADMINISTRATION 13 CFR Parts 125 and 129 RIN 3245-AH72 Small Businesses in U.S. Territories; Eligibility of the Commonwealth of the Northern Mariana Islands AGENCY: U.S. Small Business Administration. ACTION: Direct final rule. SUMMARY: This direct final rule implements a provision of the National Defense Authorization Act

(NDAA)Fiscal Year 2021 (FY 2021) by defining a covered territory business as a small business in the U.S. Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. Covered territory businesses would be newly qualified for surplus personal property distributions, and covered territory mentors would receive contracting incentives for mentoring protégé firms that are covered territory businesses. DATES: This rule is effective on October 18, 2022, without further action, unless significant adverse comments are received by September 19, 2022. If significant adverse comment is received, SBA will publish a timely withdrawal of the rule in the **Federal Register** . ADDRESSES: You may submit comments, identified by RIN 3245-AH72, by any of the following methods: • *Federal eRulemaking Portal:* *https://www.regulations.gov.* Follow the instructions for submitting comments. • *Email:* Donna Fudge, Procurement Analyst, Office of Policy Planning and Liaison, Small Business Administration, at *Donna.Fudge@sba.gov.* SBA will post all comments on *https://www.regulations.gov.* If you wish to submit confidential business information (CBI), as defined in the User Notice at *https://www.regulations.gov,* please submit the information to Donna Fudge, Small Business Administration at *Donna.Fudge@sba.gov.* Highlight the information that you consider to be CBI and explain why you believe SBA should hold this information as confidential. SBA will review the information and make the final determination on whether it will publish the information. FOR FURTHER INFORMATION CONTACT: Donna Fudge, Procurement Analyst, Office of Policy Planning and Liaison, Small Business Administration, at *Donna.Fudge@sba.gov,*

(202)205-6363. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. SUPPLEMENTARY INFORMATION: I. Background Information This direct final rule adds the U.S. Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands

(CNMI)to the list of territories from which small businesses are eligible for preferential treatment under two government programs: the surplus property program and the SBA mentor-protégé program for government contracting. These changes are required by NDAA FY21, Public Law 116-283. Section 866 of NDAA FY21 defined a “covered territory business” as a small business concern that has its principal office located in one of the following:

(1)the U.S. Virgin Islands;

(2)American Samoa;

(3)Guam; or

(4)the CNMI. Under the law, a covered territory business receives priority for surplus property transfers for four years after the enactment of NDAA FY21, which occurred on January 1, 2021. This direct final rule extends the changes that SBA made in a prior rulemaking about the surplus property program (Use of Federal Surplus Property for Veteran-Owned Small Businesses, and Small Businesses in Disaster Areas and Puerto Rico, 85 FR 69120, effective December 2, 2020). SBA is amending part 129 of its regulations to add a covered territory business to the eligibility list for the surplus property program, through January 1, 2025. SBA is treating covered territory businesses similarly to businesses located in Puerto Rico: a covered territory business would have its principal place of business located in its respective covered territory. For example, in order for a small business to be considered located in Guam, the small business should have a physical location in Guam. Additionally, section 866 created two new incentives for SBA's small business mentor-protégé program for mentor-protégé pairs in which the protégé is a covered territory business. First, the mentor would receive positive consideration in its past-performance evaluations. Second, if the mentor incurs costs training the protégé, the mentor is able to apply those costs as subcontracting expenses and count them toward subcontracting goals contained in the mentor's subcontracting plans. These incentives already exist for mentors with protégés that are Puerto Rico businesses. II. Section-by-Section Analysis 13 CFR 125.1 SBA adds a definition for “covered territory business.” A covered territory business is a small business with its principal office located in the U.S. Virgin Islands, American Samoa, Guam, or the CNMI. 13 CFR 125.9 SBA adds a covered territory business to paragraph (b)(3)(ii) so that a mentor-protégé relationship with a covered territory business does not count toward the mentor's limit on the number of protégés. Generally, a mentor is only allowed three protégés at a time. A protégé does not count, however, if the protégé has its principal office located in Puerto Rico or qualifies as a covered territory business. SBA adds a covered territory business to paragraph (d)(6), which currently lists the special incentives for mentors with a protégé that is located in Puerto Rico. Such a mentor is able to receive positive consideration for the mentor's past performance evaluation and applying costs of training the protégé to the subcontracting goals in its subcontracting plan. 13 CFR Part 129 This direct final rule revises the title of part 129 to incorporate the term “covered territory businesses” to align the title with the amendments being made to the part via this rule. 13 CFR 129, Subpart C This direct final rule changes the title of subpart C, which currently covers Puerto Rico businesses, to incorporate covered territory businesses into the list of small businesses eligible to receive Federal surplus property. 13 CFR 129.301 The direct final rule adds the definition of a covered territory business. Additionally, the direct final rule revises the definition of covered period to specify that, for a covered territory business, the covered period ends on January 1, 2025. A covered territory business will be able to obtain surplus property from its territory's State Agency for Surplus Property, in accordance with the same regulations that currently apply to Puerto Rico businesses. III. Compliance With Executive Orders 12866, 12988, 13132, 13175, 13563, the Congressional Review Act (5 U.S.C. 801-808), the Paperwork Reduction Act (44 U.S.C., Ch. 35), the Regulatory Flexibility Act, (5 U.S.C. 601-612), and the Administrative Procedure Act (5 U.S.C. 553) Executive Order 12866 The Office of Management and Budget

(OMB)has determined that this direct final rule is a not a significant regulatory action for the purposes of Executive Order 12866. Executive Order 12988 This direct final rule 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. Executive Order 13132 For the purposes of Executive Order 13132, Federalism, SBA has determined that this direct final rule will not have substantial, direct effects 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 purpose of Executive Order 13132, SBA has determined that this direct final rule has no federalism implications warranting preparation of a federalism assessment. Executive Order 13175 This direct final rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Executive Order 13563 Executive Order 13563 reaffirms the principles of Executive Order 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. Executive Order 13563 also requires that regulations be based on the open exchange of information and perspectives among state and local officials, affected stakeholders in the private sector, and the public as a whole. SBA has developed this rule in a manner consistent with these requirements. While developing this rule, SBA responded to specific inquiries from government officials and the public regarding the implementation of the statutory required changes. Congressional Review Act Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (codified at 5 U.S.C. 801-808), also known as the Congressional Review Act or CRA, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. SBA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States. A major rule under the CRA cannot take effect until 60 days after it is published in the **Federal Register** . OMB's Office of Information and Regulatory Affairs has determined that this rule is not a “major rule” as defined by 5 U.S.C. 804(2). Paperwork Reduction Act SBA has determined that this direct final rule does not impose additional reporting or recordkeeping requirements under the Paperwork Reduction Act, 44 U.S.C., Chapter 35. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA), 5 U.S.C. 601, requires administrative agencies to consider the effect of their actions on small entities, small nonprofit 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. The RFA defines “small entity” to include “small businesses,” “small organization,” and “small governmental jurisdictions.” This Direct Final Rule adds the U.S. Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands

(CNMI)to the list of territories from which small businesses are eligible for preferential treatment under two government programs: the surplus property program and the SBA mentor-protégé program for government contracting. This rule relates to small business concerns but would not affect “small organizations” or “small governmental jurisdictions” because the programs affected generally apply only to “business concerns” as defined by SBA regulations; in other words, to small businesses organized for profit. “Small organizations” or “small governmental jurisdictions” are non-profits or governmental entities and do not generally qualify as “business concerns” within the meaning of SBA's regulations. SBA identified 219 small business vendors across the covered territories for FY2021 that had sold to the Federal government and therefore would benefit from the changes to SBA's mentor-protégé program. Based on the number of small business vendors across the covered territories affected, SBA believes that the rule will not have an impact on a substantial number of entities nor a significant economic impact. Accordingly, the Administrator of the SBA hereby certifies that this rule will not have a significant economic impact on a substantial number of small entities. SBA invites comments from members of the public who believe there will be a significant impact on any small entities, including small businesses. Administrative Procedure Act—Justification for Direct Final Rule In general, SBA publishes a rule for public comment before issuing a final rule, in accordance with the Administrative Procedure Act. 5 U.S.C. 553. The Administrative Procedure Act provides an exception to this standard rulemaking process, however, where an agency finds good cause to adopt a rule without prior public participation. 5 U.S.C. 553(b)(3)(B). The good cause requirement is satisfied when prior public participation is impracticable, unnecessary, or contrary to the public interest. SBA is publishing this rule as a direct final rule because public participation is unnecessary. SBA views this as a non-controversial administrative action because it merely implements a change required by the Small Business Act, as amended by section 866 of NDAA FY21. This rule will be effective on the date shown in the DATES section unless SBA receives significant adverse comment on or before the deadline for comments. Significant adverse comments are comments that provide strong justifications why the rule should not be adopted or for changing the rule. SBA does not expect to receive any significant adverse comments because the rule simply mirrors the statutory language contained in section 866 of NDAA FY21, with no extraneous interpretation or other expanded text. If SBA receives significant adverse comment, SBA will publish a notice in the **Federal Register** withdrawing this rule before the effective date. If SBA receives no significant adverse comments, the rule will be effective 60 days after publication without further notice. List of Subjects 13 CFR Part 125 Government contracts, Government procurement, Reporting and recordkeeping requirements, Small businesses, Technical assistance. 13 CFR Part 129 Administrative practice and procedure, Government contracts, Government procurement, Government property, Reporting and recordkeeping requirements, Small businesses. For the reasons stated in the preamble, SBA amends 13 CFR parts 125 and 129 as follows: 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, 657b, 657(f), and 657r. 2. Amend § 125.1 by adding a definition for “Covered territory business” in alphabetical order to read as follows: § 125.1 What definitions are important to SBA's Government Contracting Programs? *Covered territory business* means a small business concern that has its principal office located in one of the following:

(1)The United States Virgin Islands;

(2)American Samoa;

(3)Guam; or

(4)The Commonwealth of the Northern Mariana Islands. 3. Amend § 125.9 by revising the second sentence in paragraph (b)(3)(ii) and revising paragraph (d)(6) introductory text to read as follows: § 125.9 What are the rules governing SBA's small business mentor-protégé program?

(b)* * *

(3)* * *

(ii)* * * However, the first two mentor-protégé relationships approved by SBA between a specific mentor and a covered territory business, or a specific mentor and a small business that has its principal office located in the Commonwealth of Puerto Rico, do not count against the limit of three proteges that a mentor can have at one time.

(d)* * *

(6)A mentor that provides a subcontract to its protégé that is a covered territory business, or that has its principal office located in the Commonwealth of Puerto Rico, may: PART 129—CONTRACTS FOR SMALL BUSINESSES LOCATED IN DISASTER AREAS, AND SURPLUS PERSONAL PROPERTY FOR SMALL BUSINESSES LOCATED IN DISASTER AREAS, PUERTO RICO, AND COVERED TERRITORY BUSINESSES. 4. The authority citation for part 129 continues to read as follows: Authority: 15 U.S.C. 636(j)(13)(F)(ii), (iii), and 644(f). 5. Revise the heading for part 129 to read as set forth above. 6. Revise the heading for subpart C to read as follows: Subpart C—Surplus Personal Property for Small Businesses Located in Puerto Rico and for Covered Territory Businesses 7. Amend § 129.300 by revising the definition of “Covered period” and by adding a definition for “Covered territory business” in alphabetical order to read as follows: § 129.300 What definitions are important in this subpart? *Covered period* means:

(1)In the case of a Puerto Rico business, the period beginning on August 13, 2018 and ending on the date which the Oversight Board established under section 101 of the Puerto Rico Oversight, Management, and Economic Stability Act (48 U.S.C. 2121) terminates. 15 U.S.C. 636(j)(13)(F)(iii); or

(2)In the case of a Covered territory business, the period beginning on January 1, 2021, the period ending on January 1, 2025. 15 U.S.C. 636(j)(13)(f)(iii). *Covered territory business* means a small business concern that has its principal office located in one of the following:

(1)The United States Virgin Islands;

(2)American Samoa;

(3)Guam; or

(4)The Commonwealth of the Northern Mariana Islands. 8. Amend § 129.301 by revising the section heading and paragraphs (a), (b)(1), and (c)(1) introductory text and by redesignating paragraph

(f)as paragraph (e). The revisions read as follows: § 129.301 How does a covered territory business or small business concern located in Puerto Rico obtain Federal surplus personal property?

(a)*General.* Pursuant to 15 U.S.C. 636(j)(13)(F)(iii), eligible covered territory businesses may receive surplus Federal Government property from their territory State Agency for Surplus Property (SASP), and eligible small business concerns located in Puerto Rico may receive such property from the Puerto Rico SASP. The procedures set forth in 41 CFR part 102-37 and this section will be used to transfer surplus personal property to eligible small business concerns. The property which may be transferred to the territory SASP or the Puerto Rico SASP for further transfer to eligible small business concerns includes all personal property which has become available for donation pursuant to 41 CFR 102-37.30.

(b)* * *

(1)Be a covered territory business or be located in Puerto Rico;

(c)* * *

(1)Eligible concerns may acquire surplus Federal personal property from their territory SASP or, for a Puerto Rico concern, the Puerto Rico SASP, provided the concern represents and agrees in writing: Isabella Casillas Guzman, Administrator. [FR Doc. 2022-17828 Filed 8-18-22; 8:45 am]

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