[Federal Register Volume 71, Number 227 (Monday, November 27, 2006)]
[Rules and Regulations]
[Pages 68492-68494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19971]


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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

41 CFR Parts 51-1, 51-2, 51-3, 51-4, and 51-6

RIN 3037-AA07


AbilityOne Program

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

ACTION: Final rule; change to program name.

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SUMMARY: The Committee for Purchase From People Who Are Blind or 
Severely Disabled (the Committee) has deliberated and voted to change 
the name of the JWOD Program to the AbilityOne Program. The name of the 
program is being changed to AbilityOne to give a stronger, more unified 
identity to the program and to show a connection between the program 
name and the abilities of those who are blind or have other severe 
disabilities.

DATES: Effective Date: November 27, 2006.

ADDRESSES: The Committee office is located at Jefferson Plaza 2, Suite 
10800, 1421 Jefferson Davis Highway, Arlington, VA 22202-3259.

FOR MORE INFORMATION CONTACT: Kimberly Zeich, Director, JWOD Business 
Development, by telephone (703) 603-7740, or by facsimile at (703) 603-
0030, or by mail at the Committee for Purchase From People Who Are 
Blind or Severely Disabled, 1421 Jefferson Davis Hwy, Suite 10800, 
Arlington, VA 22202-3259.

SUPPLEMENTARY INFORMATION: The Committee's statutory authority includes 
making rules and regulations necessary to carry out the Javits-Wagner-
O'Day (JWOD) Act (41 U.S.C. 46-48c). The program implementing the Act 
provides employment opportunities for people who are blind or have 
other severe disabilities in the manufacture and delivery of products 
and services to the Federal Government. The Committee has designated 
two Central Nonprofit Agencies (CNAs), National Industries for the 
Blind (NIB) and NISH (serving people with a wide range of disabilities) 
to provide technical and financial assistance to qualified nonprofit 
agencies nationwide. These qualified nonprofit agencies employ the 
blind or severely disabled in the fulfillment of product and service 
requirements deemed suitable by the Committee and placed on its 
Procurement List.
    In the 1980s, the Committee informally adopted the ``JWOD'' acronym 
to serve as a program and umbrella name, and subsequently made changes 
to its regulations referencing the JWOD Program. However, the Committee 
has long recognized that confusion regarding the JWOD Program and the 
roles and identities of the governing and participating organizations 
continues to exist among Federal customers and other key audiences, 
including advocates for people with disabilities, the business

[[Page 68493]]

community, elected representatives and the workforce. The Committee 
believes that a more unified program identity, as part of a strategic 
communications plan, would be more effective in communicating the 
program's mission and benefits to many diverse stakeholders. The 
Committee intends to establish a national program identity or 
affiliation that participating nonprofit agencies can use in 
conjunction with their local identities and existing name recognition.
    Working closely with its CNAs, the Committee conducted a strategic 
program identity exploration, to include name research with several 
stakeholder groups. The study found that the JWOD acronym is not a 
descriptive or compelling name, and it does not clearly communicate 
information about the program, its workforce or its benefits. The JWOD 
acronym had relatively high recognition among Government employees who 
make small purchases with purchase cards, but not as high as the 
recognition of SKILCRAFT[supreg], the registered trademark licensed and 
managed by National Industries for the Blind. The SKILCRAFT[supreg] 
name is used on most of the common, retail-type items in the JWOD 
Program and is not affected by this rulemaking. The JWOD name did not 
have high levels of recognition among Government program managers, or 
audiences outside of the Executive Branch such as Congress, the 
disability community or the public. It was further noted that the JWOD 
Act is scheduled to be routinely codified in the U.S. Code, which would 
result in a repeal of the underlying legislation and which would 
further distance the acronym ``JWOD'' from the employment program that 
will continue.
    The Committee considered the strengths and weaknesses of the 
current program name, the estimated benefits and costs of a name 
change, and the risk mitigation strategies that would minimize both the 
potential for loss of current program familiarity and the potential 
financial burden on participating nonprofit agencies that currently use 
the JWOD name on their business materials. It also looked at the 
availability of appropriate naming alternatives from an effective 
communication and trademark perspective. After an informed and 
deliberative process, and with full participation, a majority of 
Committee members voted in favor of changing the JWOD Program name.
    In deciding to change the JWOD name, the Committee recognized that 
success in the 21st century requires an improved ability to communicate 
the employment mission and the customer value delivered by the program. 
While the enabling Act remains critical to success, changes in the 
competitive and Federal procurement environment require the Committee 
to build a program brand identity beyond that legislation in order to 
fulfill its mission. The Committee sought a new program name that would 
best reflect the workforce comprised of people who are blind or who 
have other severe disabilities; a name that would sound more official 
or professional than ``JWOD,'' that would align with the program's 
value proposition and that would be expansive enough to cover all 
participating organizations, among other criteria. In September 2006, 
the Committee selected ``AbilityOne'' to be the future program name. 
AbilityOne has a much closer linkage to the program's workforce and 
capabilities, and alludes to the intersection of all program 
participants into one umbrella organization and one total solution.
    In order to ensure that all program stakeholders who are familiar 
with the JWOD name are able to recognize and transfer their support to 
the new program name, the Committee will continue to use the JWOD 
acronym as a part of the program name for a transition period of at 
least 18 months. The transition period will enable participating 
organizations to deplete business materials that contain the JWOD name 
and to begin using the new name voluntarily when they refresh their 
materials as part of the normal supply cycle.
    Executive Order 12866: This agency has made the determination that 
this rule is not significant for the purposes of EO 12866.
    Administrative Procedure Act: The Committee finds under 5 U.S.C. 
553(b)(3)(A) that the statute does not apply to interpretive rules, 
general statements of policy, or rules of agency organization, 
procedure, or practice. This final rule simply changes the name of the 
program from the JWOD Program to the AbilityOne Program. Further, 
pursuant to 5 U.S.C. 553 (b)(3)(A), this rule of agency organization, 
procedure and practice is not subject to the requirement to provide 
prior notice and an opportunity for public comment. The Committee also 
finds that the 30-day delay in effectiveness, required under 5 U.S.C. 
553(d), is inapplicable because this rule is not a substantive rule.
    Regulatory Flexibility Act: Because notice and opportunity for 
comment are not required pursuant to 5 U.S.C. 553 or any other law, the 
analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.) are inapplicable. Therefore, a regulatory flexibility analysis 
is not required and has not been prepared.

List of Subjects

41 CFR Part 51-1

    Government procurement, Individuals with disabilities.

41 CFR Part 51-2

    Government procurement, Individuals with disabilities, Organization 
and functions (Government agencies).

41 CFR Part 51-3

    Government procurement, Individuals with disabilities.

41 CFR Part 51-4

    Government procurement, Individuals with disabilities, Reporting 
and recordkeeping requirements.

41 CFR Part 51-6

    Government procurement, Individuals with disabilities.

0
For the reasons set out in the preamble, Parts 51-1, 51-2, 51-3, 51-4, 
51-6 of Title 41, Chapter 51 of the Code of Federal Regulations are 
amended as follows:

PART 51-1--GENERAL

0
1. The authority citation for part 51-1 continues to read as follows:

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


Sec.  51-1.3  [Amended]

0
2. In Sec.  51-1.3, revise the definition heading ``JWOD Program'' to 
read ``AbilityOne Program''.

PART 51-2--COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR 
SEVERELY DISABLED

0
3. The authority citation for part 51-2 continues to read as follows:

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


Sec.  51-2.2  [Amended]

0
4. Remove the words ``JWOD Program'' and add in their place the words 
``AbilityOne Program'' wherever they occur in the following places:
0
a. Section 51-2.2(e); and
0
b. Section 51-2.2(f).

PART 51-3--CENTRAL NONPROFIT AGENCIES

0
5. The authority citation for part 51-3 continues to read as follows:

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


Sec.  51-3.2  [Amended]

0
6. Remove the words ``JWOD Program'' from the heading of Sec.  51-3.2

[[Page 68494]]

and add in their place the words ``AbilityOne Program''.


Sec.  51-3.5  [Amended]

0
7. In Sec.  51-3.5, remove the words ``JWOD Program'' and add in their 
place ``AbilityOne Program''.

PART 51-4--NONPROFIT AGENCIES

0
8. The authority citation for part 51-4 continues to read as follows:

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


Sec.  51-4.1  [Amended]

0
9. In Sec.  54-4.1, remove the words ``JWOD Program'' and add in their 
place the words ``AbilityOne Program''.


Sec.  51-4.3  [Amended]

0
10. In Sec.  51-4.3, remove the words ``JWOD Program'' and add in their 
place the words ``AbilityOne Program'' in paragraphs (b) introductory 
text, (b)(9), and (c) introductory text.

PART 51-6--PROCUREMENT PROCEDURES

0
11. The authority citation for part 51-6 continues to read as follows:

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


Sec.  51-6.3  [Amended]

0
12. In Sec.  51-6.3(b), remove the words ``JWOD Program'' and add in 
their place the words ``AbilityOne Program''.


Sec.  51-6.8  [Amended]

0
13. In Sec.  51-6.8(e), remove the words ``JWOD Program'' and add in 
their place the words ``AbilityOne Program''.

    Dated: November 20, 2006.
Leon A. Wilson, Jr.,
Executive Director.
 [FR Doc. E6-19971 Filed 11-24-06; 8:45 am]
BILLING CODE 6353-01-P