[Federal Register Volume 68, Number 177 (Friday, September 12, 2003)]
[Rules and Regulations]
[Pages 53684-53685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23325]


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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

41 CFR Parts 51-3 and 51-4


Miscellaneous Amendments to Committee Regulations

AGENCY: Committee for Purchase From People Who Are Blind or Severely 
Disabled.

ACTION: Final rule.

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SUMMARY: The Committee is changing the dates by which the annual 
certifications by participating nonprofit agencies are due to the 
central nonprofit agencies and the Committee.

EFFECTIVE DATE: October 14, 2003.

ADDRESSES: Committee for Purchase From People Who Are Blind or Severely 
Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, 
Arlington, Virginia 22202-3259.

FOR FURTHER INFORMATION CONTACT: G. John Heyer (703) 603-0665. Copies 
of this notice will be made available on request in computer diskette 
format.

SUPPLEMENTARY INFORMATION: The Committee is revising 41 CFR Sec. Sec.  
51-3.2(m) and 51-4.3(a) to change the dates on which the Annual 
Certifications (Committee Form 403 or 404) submitted at the end of each 
Federal fiscal year by nonprofit agencies participating in the 
Committee's program are due to the central nonprofit agencies and the 
Committee. The purpose of this change is to ensure that the data is 
received in a more timely manner than is currently the case. The 
Committee is proposing to change the date the certification forms are 
due to the central nonprofit agencies from November 15 of each year to 
November 1, and the date the forms are due to the Committee from 
December 15 to December 1.
    Notice of proposed rulemaking was published on August 1, 2003 (68 
FR 45195). In addition, the central nonprofit agency which represents 
the great majority of nonprofit agencies participating in the 
Committee's program circulated the proposed regulatory changes to its 
participating nonprofit agencies.
    Twenty-one public comments were received, all from nonprofit 
agencies participating in the Committee's program. Sixteen comments 
objected to the change as placing an undue burden on the nonprofit 
agencies' ability to report fiscal year-end numbers when required. Two 
nonprofit agencies expressed only minor inconvenience in meeting the 
new deadline of November 1, and three others indicated that they would 
be able to meet the new deadline. The nonprofit agencies objecting to 
the deadline changes represent less than three percent of the over 600 
nonprofit agencies participating in the Committee's program. The 
Committee does not believe that possible inconvenience to a small 
percentage of its participating nonprofit agencies justifies 
frustrating the needed improvements in its data reporting system.
    Neither central nonprofit agency objected to the change in its 
reporting deadline from December 15 to December 1. The Committee does 
not believe the change, which shortens the reporting deadlines by only 
15 days, will unduly impact nonprofit agencies participating in the 
Committee's program. These nonprofit agencies already submit quarterly 
data reports to their central nonprofit agencies 30 days after the 
close of each quarter, so their fiscal year-end report merely requires 
them to combine and update the totals they have already reported, and 
to provide the annual report at the same time they provide the fourth 
quarter data to the central nonprofit agencies. As this data is now 
generally compiled and reported on an electronic basis, the 45-day 
period which the regulations previously allowed between the close of a 
fiscal year and the submission of the annual report by nonprofit 
agencies can no longer be justified. The Committee does not believe 
that the requirement to have the report signed by the nonprofit 
agency's chief executive officer and an officer of the board of 
directors should cause nonprofit agencies to miss the new filing 
deadline, particularly as most of the participating nonprofit agencies 
are small community organizations whose executives and board officers 
are readily available.
    The Committee believes it has a compelling need to accelerate the 
data reporting contained in the annual reports, in order to identify 
and take corrective action on nonprofit agencies which are falling 
short of meeting statutory requirements to remain in the Committee's 
program. The regulatory changes the Committee is making are a part of 
an initiative which will allow the Committee to conduct this corrective 
process earlier than is currently the case, and to restore more 
participating nonprofit agencies to good standing in its program, thus 
furthering the Committee's statutory mission of increasing employment 
of people with severe disabilities.
    These reporting deadline changes will also allow the Committee to 
meet its own statutory and regulatory oversight responsibilities in a 
more timely manner.
    However, to help those nonprofit agencies which may experience 
difficulty adjusting to the new deadline, the Committee is willing to 
allow those nonprofit agencies which cannot meet the new filing 
deadline for their Fiscal Year 2003 reports to file them no later than 
the previous deadline of November 15, 2003. These nonprofit agencies 
will be required to meet the new deadline when filing their Fiscal Year 
2004 annual reports, if they are to maintain their good standing within 
the Javits-Wagner-O'Day Program.

Regulatory Flexibility Act

    I certify that this revision of the Committee regulations will not 
have a significant economic impact on a substantial number of small 
entities because the revision clarifies program policies and does not 
essentially change the impact of the regulations on small entities.

Paperwork Reduction Act

    The Paperwork Reduction Act does not apply to this final rule 
because it contains no new information collection or recordkeeping 
requirements as defined in that Act and its regulations.

Executive Order No. 12866

    The Committee has been exempted from the regulatory review 
requirements of the Executive Order by the Office of Information and 
Regulatory Affairs. Additionally, the rule is not a significant 
regulatory action as defined in the Executive Order.

List of Subjects

41 CFR Part 51-3

    Government procurement, Handicapped.

41 CFR Part 51-4

    Reporting and recordkeeping requirements.

0
For the reasons set out in the preamble, Parts 51-3 and 51-4 of Title 
41, Chapter 51 of the Code of Federal Regulations are amended as 
follows:
0
1. The authority citations for Parts 51-3 and 51-4 continue to read as 
follows:

    Authority: 41 U.S.C. 46-48c.

[[Page 53685]]

PART 51-3--CENTRAL NONPROFIT AGENCIES

0
2. Section 51-3.2 is amended by revising paragraph (m), to read as 
follows:


Sec.  51-3.2  Responsibilities under the JWOD Program.

* * * * *
    (m) Review and forward to the Committee by December 1 of each year 
a completed original copy of the appropriate Annual Certification 
(Committee Form 403 or 404) for each of its participating nonprofit 
agencies covering the fiscal year ending the preceding September 30.
* * * * *

PART 51-4--NONPROFIT AGENCIES

0
3. Section 51-4.3 is amended by revising the second sentence of 
paragraph (a), to read as follows:


Sec.  51-4.3  Maintaining qualification.

    (a) * * * In addition, each such nonprofit agency must submit to 
its central nonprofit agency by November 1 of each year, two completed 
copies of the appropriate Annual Certification (Committee Form 403 or 
404) covering the fiscal year ending the preceding September 30.
* * * * *

    Dated: September 8, 2003.
Leon A. Wilson, Jr.,
Executive Director.
[FR Doc. 03-23325 Filed 9-11-03; 8:45 am]
BILLING CODE 6353-01-P