[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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