[Federal Register Volume 70, Number 245 (Thursday, December 22, 2005)]
[Rules and Regulations]
[Page 75932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24374]


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SMALL BUSINESS ADMINISTRATION

13 CFR Part 106

RIN 3245-AF37


Cosponsorships, Fee and Non-Fee Based SBA-Sponsored Activities, 
and Gifts

AGENCY: U.S. Small Business Administration.

ACTION: Final Rule; correction.

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SUMMARY: The U.S. Small Business Administration (SBA) is correcting a 
final rule regarding cosponsorships, fee and non-fee based SBA-
sponsored activities, and gifts that was published in the Federal 
Register on November 23, 2005. The final rule implemented SBA's 
statutory authority to provide assistance for the benefit of small 
businesses through activities sponsored with outside entities (for-
profit and non-profit entities and Federal, State, and local government 
officials or entities) as well as activities sponsored solely by SBA. 
The final rule also established minimum requirements for those 
activities as well as the Agency's solicitation and acceptance of 
gifts. The rule was effective on November 23, 2005, the date of 
publication, but did not contain a justification for the immediate 
effective date as required by the Administrative Procedures Act. SBA is 
correcting the final rule by adding a paragraph which sets forth an 
appropriate justification for immediate effective date of final rule.

DATES: Effective December 22, 2005.

FOR FURTHER INFORMATION CONTACT: Robert L. Gangwere, Deputy General 
Counsel, (202) 205-6642.

SUPPLEMENTARY INFORMATION: On November 23, 2005, SBA published a final 
rule regarding cosponsorships, fee and non-fee based SBA-sponsored 
activities, and gifts (70 FR 70703). The rule was effective on November 
23, 2005, the date of publication, but did not contain a justification 
for the immediate effective date as required by the Administrative 
Procedures Act, Sec.  553(d)(3). SBA is correcting the final rule by 
adding a paragraph which sets forth an appropriate justification for 
immediate effective date of final rule.
    On page 70704, in the second column, add the following paragraph as 
subsection D of the SUPPLEMENTARY INFORMATION section:
D. Justification for Immediate Effective Date of Final Rule
    The APA requires that ``publication or service of a substantive 
rule shall be made not less than 30 days before its effective date, 
except * * * as otherwise provided by the agency for good cause found 
and published with the rule.'' 5 U.S.C. 553(d)(3). SBA finds that good 
cause exists to make this final rule effective on the same day it is 
published in the Federal Register.
    The purpose of the APA provision delaying the effective date of a 
rule for 30 days after publication is to provide interested and 
affected members of the public sufficient time to adjust their behavior 
before the rule takes effect. In this case, however, the 30-day delay 
is unnecessary because this final rule addresses administrative 
requirements for Agency management of SBA outreach programs and does 
not require small business concerns, cosponsors or SBA's other 
strategic partners to change their behavior when participating with SBA 
in cosponsorships and other outreach activities. Further, immediate 
implementation of the final rule is justifiable because SBA's statutory 
authority for cosponsorship and fee-based SBA-sponsored events will 
terminate on September 30, 2006. Immediate implementation will give SBA 
the maximum amount of time to measure the effectiveness of the 
statutory authorities in furthering the SBA's mission. Furthermore, SBA 
did not receive any comments on the proposed rule, which was published 
in the Federal Register on July 1, 2005, and does not expect any 
opposition to an immediate effective date of this final rule from small 
businesses or other entities participating in its outreach programs.

Adela M. Soriano,
Associate Administrator for Strategic Alliances.
[FR Doc. 05-24374 Filed 12-21-05; 8:45 am]
BILLING CODE 8025-01-P