[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Rules and Regulations]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21759]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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SMALL BUSINESS ADMINISTRATION
13 CFR Part 121
Small Business Size Regulations
AGENCY: Small Business Administration.
ACTION: Final rule.
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SUMMARY: The Small Business Administration (SBA) amends its regulations
governing who will decide appeals of formal size determinations and
appeals of Standard Industrial Classification code designations
authorized under its regulations. Instead of a three-judge panel at
SBA's Office of Hearings and Appeals (OHA), these appeals will now be
decided by a single administrative judge at OHA.
DATES: Effective Date: This rule is effective as of September 2, 1994.
Applicability Date: Any size or Standard Industrial Classification
code appeal that has not been decided by a three judge panel as of
September 2, 1994 shall be assigned to a single administrative judge
for decision.
ADDRESSES: Written comments should be addressed to John H. Barnett,
Assistant Administrator for Hearings and Appeals, U.S. Small Business
Administration, 409 3rd Street SW., Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT:
John W. Klein, Chief Counsel for Special Programs, Office of the
General Counsel, U.S. Small Business Administration, (202) 205-6645.
SUPPLEMENTARY INFORMATION: SBA is committed to enhancing its delivery
of services to the small business community which it serves. SBA is in
the process of changing its structure to move resources to SBA's
various district offices to better serve small businesses. This
restructuring includes SBA's OHA, which has lost several administrative
judges to other offices within SBA or to retirement. Currently, SBA's
size regulations authorize a three-judge panel within OHA to decide
appeals of formal size determinations and appeals of Standard
Industrial Classification (SIC) code designations assigned to certain
Government contracts. The assignment of a three judge panel to hear and
decide these appeals is no longer feasible with the reduction in the
number of judges at OHA. This final regulation will change the
requirement that a three-judge panel decide size and SIC code appeals
to a single administrative judge. It will also change other references
to such a ``panel'' in 13 CFR 121.1701 through 121.1722 to an
administrative judge or the Presiding Judge instead. Because this
provision is a procedural rule, it is adopted as a final rule without
the necessity of a proposed rule and an opportunity for public comment.
Compliance With Executive Orders 12612, 12778, and 12866, the
Regulatory Flexibility Act (5 U.S.C. 601, et seq.), and the Paperwork
Reduction Act (44 U.S.C. Ch. 35)
SBA certifies that this final rule will not be considered a
significant rule within the meaning of Executive Order 12866 and will
not have a significant economic impact on a substantial number of small
entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C.
601, et seq. This rule merely changes who will resolve size and SIC
code appeals under SBA's regulations. It does not otherwise affect
these appeals, and has no bearing on the number of appeals brought or
the contracting actions underlying the appeals. It will have no effect
on the amount or dollar value of any Government contract requirement or
the number of requirements that are subject to SBA's size and SIC code
regulations. As such, it is not likely to have an annual economic
effect of $100 million or more, result in a major increase in costs or
prices, or have a significant adverse effect on competition or the
United States economy.
For purposes of the Paperwork Reduction Act, 44 U.S.C. Ch. 35, SBA
certifies that this final rule contains no new reporting or
recordkeeping requirements.
For purposes of Executive Order 12612, SBA certifies that this rule
does not have any federalism implications warranting the preparation of
a Federalism Assessment.
For purposes of Executive Order 12778, SBA certifies that this rule
is drafted, to the extent practicable, in accordance with the standards
set forth in Section 2 of that Order.
List of Subjects in 13 CFR Part 121
Government procurement; Government property; Grant programs--
business, Loan programs--business; Small businesses.
For the reasons set forth above, part 121 of Title 13, Code of
Federal Regulations, is amended as follows:
PART 121--[AMENDED]
1. The authority citation for 13 CFR Part 121 continues to read as
follows:
Authority: 15 U.S.C. 632(a), 634(b)(6), 637(a), and 644(c); and
Pub. L. 102-486, 106 Stat. 2776, 3133.
2. Section 121.1711 is revised to read as follows:
Sec. 121.1711 Assignment of administrative judge.
Upon receipt of a Notice of Appeal, the Assistant Administrator for
the Office of Hearings and Appeals will assign the appeal to an
administrative judge. The judge will have jurisdiction to conduct
proceedings relative to and to decide the controversy and to take such
further appropriate action as may be necessary to issue a decision in
the matter in accordance with applicable agency policy, precedent and
law.
Sec. 121.1713 [Amended]
3. Section 121.1713 is amended by removing the words ``of the
panel'' following the phrase ``The Presiding Judge'' in the first
sentence of the introductory text.
Sec. 121.1721 [Amended]
4. Section 121.1721(a) is amended by removing the phrase ``the
panel may, on its own initiative'' and adding the phrase ``the
Presiding Judge may, on his/her own initiative'' in its place.
Sec. 121.1722 [Amended]
5. Section 121.1722 is amended by removing the phrase ``or other
member of the panel'' following the words ``The Presiding Judge'' in
the first sentence.
Dated: August 29, 1994.
Erskine B. Bowles,
Administrator.
[FR Doc. 94-21759 Filed 9-1-94; 8:45 am]
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