[Federal Register: September 12, 2003 (Volume 68, Number 177)]
[Rules and Regulations]
[Page 53684-53685]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12se03-14]
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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