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Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Proposed Rules including potential economic, environmental, public health and safety effects, distributive impacts, and equity. E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6b of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993.
VI. Congressional Review Act As required by the Congressional Review Act 5 U.S.C. 801808 before an interim or final rule takes effect, DoD, GSA and NASA will send the rule and the Submission of Federal Rules Under the Congressional Review Act form to each House of the Congress and to the Comptroller General of the United States. A major rule cannot take effect until 60 days after it is published in the Federal Register. This rule is not anticipated to be a major rule under 5
U.S.C. 804.

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VII. Regulatory Flexibility Act The change may have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act 5 U.S.C. 601612. The Initial Regulatory Flexibility Analysis IRFA
has been performed and is summarized as follows:
DoD, GSA, and NASA are proposing to amend the FAR to implement revisions SBA
has made in its regulations for the HUBZone Program. Following a review of its HUBZone program regulations, SBA issued a final rule on November 26, 2019, at 84 FR 65222, to update its regulations to reflect current policies, to eliminate ambiguities in its regulations, and to reduce burdens on small businesses and procuring agencies. This proposed FAR rule updates terminology and processes to correspond with SBAs changes, such as updating the definition of HUBZone small business concern and the procedures for filing and processing HUBZone protests.
This rule also proposes to remove the restriction against applying the HUBZone Act of 1997, 15 U.S.C. 657a, to contracts and subcontracts at or below the SAT.
The objective of this rule is to implement SBAs revisions to the HUBZone program regulations.
This rule may have a positive economic impact on small entities that qualify for the HUBZone program and that are interested in participating in Federal procurement. By reducing burden on firms interested in becoming HUBZone small business concerns, more firms may participate in and benefit from the program. SBAs Dynamic Small Business Search database includes 6,897
small businesses with active HUBZone certifications. For fiscal years 2016, 2017, and 2018, the Federal Government made approximately 6,600 awards to
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approximately 662 unique entities certified by SBA as HUBZone small business concerns. About 5,627 of these were awarded to 601 unique entities through a HUBZone set-aside; 203 were awarded to 97 unique entities on a sole-source basis under the HUBZone program; and 632 were awarded to 25 unique entities using the HUBZone price evaluation preference. Approximately 46,187
were awarded to about 2,084 unique HUBZone small businesses in open competition with other firms. According to the Federal Procurement Data System, an average of 283,374 contracts per year resulted from FAR part 19 set-asides and sole-source awards at or below the SAT during fiscal years 20162018. Application of the HUBZone Act to acquisitions at or below the SAT is expected to increase the benefits from HUBZone set-aside and sole-source contracts and increase HUBZone small businesses opportunities in the Federal marketplace.
This proposed rule does not include any new reporting, recordkeeping, or other compliance requirements for small entities.
The proposed rule does not duplicate, overlap, or conflict with any other Federal rules.
There are no known significant alternative approaches that would accomplish the stated objectives.

The Regulatory Secretariat Division has submitted a copy of the IRFA to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the IRFA may be obtained from the Regulatory Secretariat Division. DoD, GSA, and NASA invite comments from small business concerns and other interested parties on the expected impact of this rule on small entities.
DoD, GSA, and NASA will also consider comments from small entities concerning the existing regulations in subparts affected by this rule in accordance with 5 U.S.C. 610. Interested parties must submit comments separately and should cite 5 U.S.C. 610
FAR Case 2019007 in correspondence.
VIII. Paperwork Reduction Act The Paperwork Reduction Act 44
U.S.C. chapter 35013521 applies to the information collection described in this rule; however, these changes to the FAR do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Numbers 90000136, Commercial Item Acquisitions, and 90000007, Subcontracting Plans.

PO 00000

31471

List of Subjects in 48 CFR Parts 2, 5, 6, 13, 19, and 52
Government procurement.
William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy.

Therefore, DoD, GSA, and NASA
propose amending 48 CFR parts 2, 5, 6, 13, 19, and 52 as set forth below:
1. The authority citation for 48 CFR
parts 2, 5, 6, 13, 19, and 52 continues to read as follows:
Authority: 40 U.S.C. 121c; 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.

PART 2DEFINITIONS OF WORDS
AND TERMS
2. Amend section 2.101 in paragraph b2 by a. In the definition HUBZone removing or redesignated areas, and adding redesignated areas, governordesignated covered areas, or qualified disaster areas, in its place;
b. In the definition HUBZone contract removing from paragraph 1
sole source and adding sole-source in its place; and c. Revising the definition HUBZone small business concern to read as follows:

2.101

Definitions.

b
2
HUBZone small business concern means a small business concern that meets the requirements described in 13
CFR 126.200, certified by the Small Business Administration SBA and designated by SBA as a HUBZone small business concern in the Dynamic Small Business Search DSBS 13 CFR
126.103.

PART 5PUBLICIZING CONTRACT
ACTIONS
5.206

Amended
3. Amend section 5.206 in paragraph a introductory text, by removing the word qualified.

PART 6COMPETITION
REQUIREMENTS
4. Amend section 6.205 by revising paragraph a; and removing from paragraph b the word qualified.
The revision reads as follows:

6.205 Set-asides for HUBZone small business concerns.

a To fulfill the statutory requirements relating to the HUBZone
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