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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Rules and Regulations
However, section 605 of the RFA allows an agency to certify a rule, in lieu of preparing an analysis, if the rulemaking is not expected to have a significant economic impact on a substantial number of small entities. Within the meaning of RFA, SBA certifies that this direct final rule will not have a significant economic impact on a substantial number of small entities. It does not add any new requirements to SBAs regulations, but merely adjusts specified thresholds to conform to statutory changes and changes made by the FAR.

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Administrative Procedure Act Justification for Direct Final Rule In general, SBA publishes a rule for public comment before issuing a final rule, in accordance with the Administrative Procedure Act. 5 U.S.C.
553. The Administrative Procedure Act provides an exception to this standard rulemaking process, however, where an agency finds good cause to adopt a rule without prior public participation. 5
U.S.C. 553b3B. The good cause requirement is satisfied when prior public participation is impracticable, unnecessary, or contrary to the public interest.
SBA is publishing this rule as a direct final rule because public participation is unnecessary. SBA views this as a noncontroversial administrative action because it merely implements a change required by the Small Business Act, as amended by section 876 of NDAA 2020.
This rule will be effective on the date shown in the DATES section unless SBA
receives significant adverse comment on or before the deadline for comments.
Significant adverse comments are comments that provide strong justifications why the rule should not be adopted or for changing the rule. SBA
does not expect to receive any significant adverse comments because the rule simply mirrors the statutory language contained in section 876 of NDAA 2020, with no extraneous interpretation or other expanded text.
The remaining technical changes merely conform SBA regulations with the updated thresholds in the FAR.
If SBA receives significant adverse comment, SBA will publish a notice in the Federal Register withdrawing this rule before the effective date. If SBA
receives no significant adverse comments, the rule will be effective 90
days after publication without further notice.

List of Subjects 13 CFR Part 124
Administrative practice and procedure, Government procurement, Government property, Small businesses.
13 CFR Part 125
Government contracts, Government procurement, Reporting and recordkeeping requirements, Small businesses, Technical assistance.
13 CFR Part 126
Administrative practice and procedure, Government procurement, Penalties, Reporting and recordkeeping requirements, Small businesses.
13 CFR Part 127
Government contracts, Reporting and recordkeeping requirements, Small businesses.
Accordingly, for the reasons stated in the preamble, SBA amends 13 CFR parts 124, 125, 126, and 127 as follows:
PART 1248a BUSINESS
DEVELOPMENT/SMALL
DISADVANTAGED BUSINESS STATUS
DETERMINATIONS
1. The authority citation for part 124
is revised to read as follows:

Authority: 15 U.S.C. 634b6, 636j, 637a, 637d, 644, 42 U.S.C. 9815; and Pub.
L. 99661, 100 Stat. 3816; Sec. 1207, Pub. L.
100656, 102 Stat. 3853; Pub. L. 10137, 103
Stat. 70; Pub. L. 101574, 104 Stat. 2814; Sec.
8021, Pub. L. 10887, 117 Stat. 1054; and Sec. 330, Pub. L. 116260.

2. Amend 124.502 by revising paragraph c17 to read as follows:

124.502 How does an agency offer a procurement to SBA for award through the 8a BD program?

c
17 A statement that the necessary justification and approval under the Federal Acquisition Regulation has occurred where a requirement whose estimated contract value exceeds $25,000,000, or $100,000,000 in the case of Department of Defense contracts, is offered to SBA as a sole source requirement on behalf of a specific Participant; and

3. Amend 124.506 in paragraph a2ii by removing the figure $4,000,000 and adding in its place the figure $4,500,000 and by revising paragraph b5 to read as follows:
124.506 At what dollar threshold must an 8a procurement be competed among eligible Participants?

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b
5 An agency may not award an 8a sole source contract for an amount exceeding $25,000,000, or $100,000,000
for an agency of the Department of Defense, unless the contracting officer justifies the use of a sole source contract in writing and has obtained the necessary approval under the Federal Acquisition Regulation.

PART 125GOVERNMENT
CONTRACTING PROGRAMS
4. The authority citation for part 125
is revised to read as follows:

Authority: 15 U.S.C. 632p, q, 634b6, 637, 644, 657b, 657f, and 657r.
125.3

Amended
5. Amend 125.3 in paragraphs c1
introductory text and c1x by removing the figure $700,000 and adding in its place the figure $750,000.
6. Amend 125.12 by revising paragraphs i1ii and i2iii and adding paragraph i2iv to read as follows:

125.12 Who does SBA consider to own an SDVO SBC?

i
1
ii Such veteran had a serviceconnected disability as defined in section 10116 of title 38, United States Code; and

2
iii In the case of a surviving spouse of a veteran with a service-connected disability rated as 100 percent disabling or who dies as a result of a serviceconnected disability, is 10 years after the date of the death of the veteran; or iv In the case of a surviving spouse of a veteran with a service-connected disability rated as less than 100 percent disabling who does not die as a result of a service-connected disability, is 3
years after the date of the death of the veteran.
125.23

Amended
7. Amend 125.23 in paragraph b1
by removing the figure $6,500,000
and adding in its place the figure $7,000,000.

PART 126HUBZONE PROGRAM
8. The authority citation for part 126
is revised to read as follows:

Authority: 15 U.S.C. 632a, 632j, 632p, 644 and 657a; Pub. L. 111240, 124 Stat.
2504.

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