[Federal Register Volume 79, Number 4 (Tuesday, January 7, 2014)]
[Proposed Rules]
[Pages 1228-1235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29643]
[[Page 1227]]
Vol. 79
Tuesday,
No. 4
January 7, 2014
Part XIX
Small Business Administration
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Semiannual Regulatory Agenda
Federal Register / Vol. 79 , No. 4 / Tuesday, January 7, 2014 /
Unified Agenda
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SMALL BUSINESS ADMINISTRATION
13 CFR Ch. I
Semiannual Regulatory Agenda
AGENCY: U.S. Small Business Administration (SBA).
ACTION: Semiannual Regulatory Agenda.
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SUMMARY: This Regulatory Agenda is a semiannual summary of all current
and projected rulemakings, existing regulations, and completed actions
of the Small Business Administration (SBA). For this fall edition of
the SBA's Regulatory Agenda, a Regulatory Plan that contains a list of
the Agency's most important and significant regulatory actions and a
Statement of Regulatory Priorities is also included. This plan appears
in both the online Unified Agenda and in part II of the Federal
Register editions that includes the abbreviated Unified Agenda.
This agenda provides the public with information about SBA's
regulatory activity. SBA invites the public to submit comments on any
aspect of this Agenda. SBA expects that providing early information
about pending regulatory activities would encourage more effective
public participation in this process.
FOR FURTHER INFORMATION CONTACT:
General: Please direct general comments or inquiries to Imelda A.
Kish, Law Librarian, U.S. Small Business Administration, 409 Third
Street SW., Washington, DC 20416, (202) 205-6849, [email protected].
Specific: Please direct specific comments and inquiries on
individual regulatory activities identified in this agenda to the
individual listed in the summary of the regulation as the point of
contact for that regulation.
SUPPLEMENTARY INFORMATION: SBA provides this notice under the
requirements of the Regulatory Flexibility Act, 5 U.S.C. sections 601
to 612 and Executive Order 12866, ``Regulatory Planning and Review,''
which require each agency to publish a semiannual agenda of
regulations. The Regulatory Agenda is a summary of all current and
projected rulemakings during the coming one-year period, as well as
actions completed since the publication of the last Regulatory Agenda
for the Agency.
Beginning with the fall 2007 edition, the Internet became the basic
means for disseminating the Unified Agenda. The complete Unified Agenda
will be available online at www.reginfo.gov in a format that greatly
enhances a user's ability to obtain information about the rules in the
agency's Agenda.
The Regulatory Flexibility Act (RFA) also requires Federal agencies
to publish their regulatory flexibility agendas in the Federal
Register. A regulatory flexibility agenda contains only those rules
listed in the semi-annual agenda that are likely to have a significant
economic impact on a substantial number of small entities, and those
rules identified for periodic review in keeping with the requirements
of section 610 of the RFA. This regulatory flexibility agenda may be
combined with any other agenda. Therefore, SBA's Fall 2013 Regulatory
Agenda includes, as a subset, those regulatory actions that are in the
SBA's regulatory flexibility agenda. Printing of these entries is
limited to fields that contain information required by the RFA
requirements. Additional information on these entries is available in
the Unified Agenda published on the Internet.
Jeanne A. Hulit,
Acting Administrator.
Small Business Administration--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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396....................... Small Business Development 3245-AE05
Centers (SBDC) Program
Revisions.
397....................... SBA Express Loan Program; 3245-AF85
Export Express Program.
398....................... Implementation of Small 3245-AF88
Business Disaster
Response and Loan
Improvement Act of 2008:
Expedited Disaster
Assistance Program.
399....................... Implementation of Small 3245-AF99
Business Disaster
Response and Loan
Improvement Act of 2008:
Private Loan Disaster
Program.
400....................... Women's Business Center 3245-AG02
Program.
401....................... Small Business Size 3245-AG16
Standards; Alternative
Size Standard for 7(a),
504, and Disaster Loan
Programs.
402....................... Small Business Mentor- 3245-AG24
Protege Programs (Reg
Plan Seq No. 141).
403....................... Small Business HUBZone 3245-AG38
Program.
404....................... Agent Revocation and 3245-AG40
Suspension Procedures.
405....................... Small Business Size 3245-AG49
Standards: Employee Based
Size Standards for
Wholesale Trade and
Retail Trade.
406....................... Small Business Size 3245-AG50
Standards for
Manufacturing.
407....................... Small Business Size 3245-AG51
Standards for Other
Industries With Employee-
Based Size Standards Not
Part of Manufacturing
Wholesale Trade or Retail
Trade.
408....................... National Defense 3245-AG58
Authorization Act Small
Business Amendments.
409....................... Advisory Small Business 3245-AG59
Size Decisions.
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References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
Small Business Administration--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
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410....................... Lender Oversight Program.. 3245-AE14
411....................... Small Business Technology 3245-AF45
Transfer (STTR) Policy
Directive (Reg Plan Seq
No. 142).
412....................... Small Business Innovation 3245-AF84
Research (SBIR) Program
Policy Directive (Reg
Plan Seq No. 143).
413....................... 504 and 7(a) Loan Programs 3245-AG04
Updates (Reg Plan Seq No.
144).
414....................... Small Business Size 3245-AG25
Standards for Utilities.
415....................... Small Business Size 3245-AG37
Standards: Construction.
416....................... Small Business Size 3245-AG60
Standards; Adjust
Monetary Size Standards
for Inflation.
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References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
[[Page 1229]]
Small Business Administration--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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417....................... Acquisition Process: Task 3245-AG20
and Delivery Order
Contracts, Bundling,
Consolidation.
418....................... Small Business 3245-AG22
Subcontracting.
419....................... Small Business Size and 3245-AG23
Status Integrity.
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SMALL BUSINESS ADMINISTRATION (SBA)
Proposed Rule Stage
396. Small Business Development Centers (SBDC) Program Revisions
Legal Authority: 15 U.S.C. 634(b)(6); 15 U.S.C. 648
Abstract: This rule would update Small Business Development Center
(SBDC) program regulations by amending among other things: (1)
Procedures for approving and funding of SBDCs; (2) approval procedures
for travel outside the continental U.S. and U.S. territories; (3)
procedures and requirements regarding findings and disputes resulting
from financial exams, programmatic reviews, accreditation reviews, and
other SBA oversight activities; (4) requirements for new and renewal
applications for SBDC awards, including the requirements for electronic
submission through the approved electronic Government submission
facility; and (5) provisions regarding the collection and use of
individual SBDC client data.
Timetable:
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Action Date FR Cite
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NPRM................................ 06/00/14 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John C. Lyford, Deputy Associate Administrator,
Office of Small Development Centers, Small Business Administration, 409
Third Street SW., Washington, DC 20416, Phone: 202 205-7159, Fax: 202
481-2613, Email: [email protected].
RIN: 3245-AE05
397. SBA Express Loan Program; Export Express Program
Legal Authority: 15 U.S.C. 636(a)(31) and (35)
Abstract: SBA plans to issue regulations for the SBA Express loan
program codified in section 7(a)(31) of the Small Business Act. The SBA
Express loan program reduces the number of Government mandated forms
and procedures, streamlines the processing and reduces the cost of
smaller, less complex SBA loans. Particular features of the SBA Express
loan program include: (1) SBA Express loans carry a maximum SBA
guaranty of 50 percent; (2) a response to an SBA Express loan
application will be given within 36 hours; (3) lenders and borrowers
can negotiate the interest rate, which may not exceed SBA maximums; and
(4) qualified lenders may be granted authorization to make eligibility
determinations. SBA also plans to issue regulations for the Export
Express Program codified at 7(a)(35) of the Small Business Act. The
Export Express Program, made permanent by the Small Business Jobs Act,
makes guaranteed financing available for export development activities.
Timetable:
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Action Date FR Cite
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NPRM................................ 05/00/14 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael A. Simmons, Acting Director, Office of
Financial Assistance, Small Business Administration, 409 Third Street
SW., Washington, DC 20416, Phone: 202 205-7562, Fax: 202 481-0248,
Email: [email protected].
RIN: 3245-AF85
398. Implementation of Small Business Disaster Response and Loan
Improvement Act of 2008: Expedited Disaster Assistance Program
Legal Authority: 15 U.S.C. 636(j)
Abstract: This proposed rule would establish and implement an
expedited disaster assistance business loan program under which the SBA
will guarantee short-term loans made by private lenders to eligible
small businesses located in a catastrophic disaster area. The maximum
loan amount is $150,000, and SBA will guarantee timely payment of
principal and interest to the lender. The maximum loan term will be 180
days, and the interest rate will be limited to 300 basis points over
the Federal funds rate.
Timetable:
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Action Date FR Cite
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NPRM................................ 03/00/14 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael A. Simmons, Acting Director, Office of
Financial Assistance, Small Business Administration, 409 Third Street
SW., Washington, DC 20416, Phone: 202 205-7562, Fax: 202 481-0248,
Email: [email protected].
RIN: 3245-AF88
399. Implementation of Small Business Disaster Response and Loan
Improvement Act of 2008: Private Loan Disaster Program
Legal Authority: 15 U.S.C. 636
Abstract: This proposed rule would establish and implement a
private disaster loan program under which SBA will guarantee loans made
by qualified lenders to eligible small businesses and homeowners
located in a catastrophic disaster area. Private disaster loans made
under this programs will have the same terms and conditions as SBA's
direct disaster loans. In addition, SBA will guarantee timely payment
of principal and interest to the lender. SBA may guarantee up to 85
percent of any loan under this program and the maximum loan amount is
$2 million.
Timetable:
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Action Date FR Cite
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NPRM................................ 03/00/14 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael A. Simmons, Acting Director, Office of
Financial Assistance, Small Business Administration, 409 Third Street
SW., Washington, DC 20416, Phone: 202 205-7562, Fax: 202 481-0248,
Email: [email protected].
RIN: 3245-AF99
400. Women's Business Center Program
Legal Authority: 15 U.S.C. 631; 15 U.S.C. 656
Abstract: SBA's Office of Women's Business Ownership (OWBO)
oversees a network of SBA-funded Women's Business Centers (WBCs)
throughout the United States and its territories. WBCs provide
management and technical assistance to small business concerns both
nascent and established, with a focus on such businesses that are owned
[[Page 1230]]
and controlled by women, or on women planning to start a business,
especially women who are economically or socially disadvantaged. The
training and counseling provided by the WBCs encompass a comprehensive
array of topics, such as finance, management and marketing in various
languages. This rule would propose to codify the requirements and
procedures that govern the delivery, funding and evaluation of the
management and technical assistance provided under the WBC Program. The
rule would address, among other things, the eligibility criteria for
selection as a WBC, use of Federal funds, standards for effectively
carrying out program duties and responsibilities, and the requirements
for reporting on financial and programmatic performance.
Timetable:
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Action Date FR Cite
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NPRM................................ 06/00/14 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Bruce D. Purdy, Acting Assistant Administrator,
Office of Women's Business Ownership, Small Business Administration,
Washington, DC 20416, Phone: 202 205-7532, Email: [email protected].
RIN: 3245-AG02
401. Small Business Size Standards; Alternative Size Standard for 7(A),
504 and Disaster Loan Programs
Legal Authority: Pub. L. 111-240, sec 1116
Abstract: SBA will amend its size eligibility criteria for Business
Loans, development company loans under title V of the Small Business
Investment Act (504), and economic injury disaster loans. For the SBA
7(a) Business Loan Program, the amendments will provide an alternative
size standard for loan applicants that do not meet the small business
size standards for their industries. For the 504 Program, the
amendments will increase the current alternative standard for
applicants for 504 loans. The Small Business Jobs Act of 2010 (Jobs
Act) established alternative size standards that apply to both of these
programs until the SBA's Administrator establishes other alternative
size standards. For the disaster loan program, the amendments will
provide an alternative size standard for loan applicants that do not
meet the small business size standards for their industries. These
alternative size standards do not affect other Federal Government
programs, including Federal procurement.
Timetable:
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Action Date FR Cite
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NPRM................................ 12/00/13 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW.,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected].
RIN: 3245-AG16
402. Small Business Mentor-Protege Programs
Regulatory Plan: This entry is Seq. No. 141 in part II of this
issue of the Federal Register.
RIN: 3245-AG24
403. Small Business Hubzone Program
Legal Authority: 15 U.S.C. 657a
Abstract: SBA has been reviewing its processes and procedures for
implementing the HUBZone program and has determined that several of the
regulations governing the program should be amended in order to resolve
certain issues that have arisen. As a result, the proposed rule would
constitute a comprehensive revision of part 126 of SBA's regulations to
clarify current HUBZone Program regulations, and implement various new
procedures. The amendments will make it easier for participants to
comply with the program requirements and enable them to maximize the
benefits afforded by participation. In developing this proposed rule,
SBA will focus on the principles of Executive Order 13563 to determine
whether portions of regulations should be modified, streamlined,
expanded or repealed to make the HUBZone program more effective and/or
less burdensome on small business concerns. At the same time, SBA will
maintain a framework that helps identify and reduce waste, fraud, and
abuse in the program.
Timetable:
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Action Date FR Cite
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NPRM................................ 12/00/13 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Mariana Pardo, Director, Office of Hubzone, Small
Business Administration, 409 3rd Street SW., Washington, DC 20416,
Phone: 202 205-2985, Email: [email protected].
RIN: 3245-AG38
404. Agent Revocation and Suspension Procedures
Legal Authority: Not Yet Determined
Abstract: These changes to 13 CFR sections 103, 134, and 2 CFR 2700
lay out a procedural process for SBA's revocation of the privilege of
agents to conduct business with the Agency. Included in this process
are procedure for proposed revocation, the opportunity to object to the
proposed revocation, the revocation decision, as well as requests for
reconsideration. These procedures also provide for suspension of the
privilege to conduct business with the Agency pending a revocation
action. In addition, these changes remove Office of Hearings and
Appeals review of suspension, revocation, and debarment actions by SBA.
Timetable:
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Action Date FR Cite
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NPRM................................ 12/00/13 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Christopher J. McClintock, Trial Attorney, Small
Business Administration, 409 3rd Street SW., Washington, DC 20416,
Phone: 202 205-7715, Email: [email protected].
RIN: 3245-AG40
405. Small Business Size Standards: Employee Based Size Standards for
Wholesale Trade and Retail Trade
Legal Authority: 15 U.S.C. 632(a)
Abstract: SBA is conducting a comprehensive review of all small
business size standards to determine whether the existing size
standards should be retained or revised. As part of this effort, SBA
has evaluated each industry in North American Industry Classification
System (NAICS) Sector 42, Wholesale Trade, and Sector 44-45, Retail
Trade and revised these employee-based size standards for certain
industries in those sectors. This is one of the rules that will examine
industries grouped by an NAICS Sector. SBA has applied its ``Size
Standards Methodology,'' which is available on its Web site at http://www.sba.gov/size, to this purposed rule.
Note: The title for this rule has been changed since the rule
was first reported in the Regulatory Agenda on January 8, 2013, from
``Small Business Size Standards for Wholesale Trade'' to ``Small
Business Size Standards: Employee Based Size Standards for Wholesale
Trade and Retail Trade.'' The title was changed to make it clear
that the rule also addresses industries with employee based size
standards in Retail Trade.
[[Page 1231]]
Timetable:
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Action Date FR Cite
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NPRM................................ 12/00/13 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW.,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected].
RIN: 3245-AG49
406. Small Business Size Standards for Manufacturing
Legal Authority: 15 U.S.C. 632(a)
Abstract: SBA is conducting a comprehensive review of all small
business size standards to determine whether the existing size
standards should be retained or revised. As part of this effort, SBA
has evaluated each industry in North American Industry Classification
System (NAICS) Sector 31-33, Manufacturing, and revised these employee-
based size standards for certain industries in the sector. This is one
of the rules that will examine industries grouped by an NAICS Sector.
SBA has applied its ``Size Standards Methodology,'' which is available
on its Web site at http://www.sba.gov/size, to this proposed rule.
Timetable:
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Action Date FR Cite
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NPRM................................ 03/00/14 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW.,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected].
RIN: 3245-AG50
407. Small Business Size Standards for Other Industries With Employee-
Based Size Standards Not Part of Manufacturing Wholesale Trade or
Retail Trade
Legal Authority: 15 U.S.C. 632(a)
Abstract: SBA is conducting a comprehensive review of all small
business size standards to determine whether the existing size
standards should be retained or revised. As part of this effort, SBA
has evaluated each industry that has an employee-based standard but is
not part of North American Industry Classification System (NAICS)
Sector 31-33, Manufacturing, Sector 42, Wholesale Trade, or Sector 44-
45, Retail Trade and revised size standards for some of those
industries. This is one of the rules that will examine industries
grouped by an NAICS Sector. SBA has applied its ``Size Standards
Methodology,'' which is available on its Web site at http://www.sba.gov/size, to this proposed rule.
Please Note: The title for this rule has been changed since it
was first announced in the Regulatory Agenda on January 8, 2013, to
add the words ``or Retail Trade'' at the end of the previous title.
This change makes it clear that industries in the retail trade with
employee based size standards are also not addressed in the rule.
Timetable:
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Action Date FR Cite
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NPRM................................ 03/00/14 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW.,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected].
RIN: 3245-AG51
408. National Defense Authorization Act Small Business Amendments
Legal Authority: 15 U.S.C. 631; Pub. L. 112-239
Abstract: The rule would propose various small business related
amendments authorized by various sections of the NDAA. Section 1651,
Limitations on Subcontracting, requires rules permitting subcontracts
to small businesses that are ``similarly situated'' as the prime
contractor to count toward the prime contractors compliance with the
performance of work requirements that apply to set-aside contracts. It
also requires rules that permit small businesses to ``team'' without
entering into joint venture agreements, which will reduce litigation
risk for small businesses and open larger, more complex acquisitions to
small business participation. Section 1652, Penalties, requires rules
establishing penalties for violations of subcontracting limitations and
providing protection for small businesses that made a mistake on their
subcontracting limitations in good faith. Section 1671, Contract
Bundling, requires a definition for construction to be included under
the definition for covered contracting. Section 1696, Conforming
Amendments; Repeal of Redundant Provisions; Regulations, a definition
for certain technical amendments to the existing rules and provides
that a covered base closure area shall be treated as a HUBZone.
Timetable:
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Action Date FR Cite
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NPRM................................ 02/00/14 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dean R. Koppel, Assistant Director, Office of
Policy and Research, Small Business Administration, 409 Third Street
SW., Washington, DC 20416, Phone: 202 205-7322, Fax: 202 481-1540,
Email: [email protected].
RIN: 3245-AG58
409. Advisory Small Business Size Decisions
Legal Authority: 15 U.S.C. 645
Abstract: The purpose of the statute is to provide a ``safe
harbor'' for firms that violate the prohibition against misrepresenting
themselves as small businesses in cases where the firms first obtain
advisory opinions concluding that they satisfy the relevant size
standards from either Small Business Development Centers (SBDCs) (SBA
grantees) or Procurement Technical Assistance Centers (PTACs) (DOD
grantees). This rule would provide guidance to SBDCs and PTACs
regarding the minimum requirements that small business status advisory
opinions must meet in order to be deemed adequate by SBA. The rule
would also require the SBDC or PTAC issuing the advisory opinion to
remit a copy of the opinion to SBA for review, and establish a 10 day
deadline by which SBA must either accept or reject the advisory
opinion. If SBA rejects the advisory opinion, the Agency will notify
the entity which issued the opinion and the firm to which it applies,
after which time the firm is no longer entitled to rely upon the
opinion or invoke the safe harbor provisions of the statute. If SBA
accepts the advisory opinion, then the firm may rely on the SBDC or
PTAC advisory opinion and is entitled to invoke the safe harbor
provision as a defense to punishments imposed under 15 U.S.C. section
645, Offenses and Penalties, which prescribes fines and imprisonment
for false statements. The rule would also make clear that SBA has the
authority to initiate a formal size determination of a firm that is the
subject of a small business status advisory opinion where the Agency
concludes that opinion contains information that calls into question
the firm's small business status.
Timetable:
[[Page 1232]]
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Action Date FR Cite
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NPRM................................ 12/00/13 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kevin Harber, Attorney Advisor, Office of General
Counsel, Small Business Administration, 409 Third Street SW.,
Washington, DC 20416, Phone: 202 619-1602, Email: [email protected].
RIN: 3245-AG59
SMALL BUSINESS ADMINISTRATION (SBA)
Final Rule Stage
410. Lender Oversight Program
Legal Authority: 15 U.S.C. 634(b)(6),(b)(7),(b)(14),(h) and note;
687(f),697e(c)(8), and 650
Abstract: This rule implements the Small Business Administration's
(SBA) statutory authority under the Small Business Act to regulate
Small Business Lending Companies (SBLCs) and non-federally regulated
lenders (NFRLs). It also conforms SBA rules for the section 7(a)
Business Loan Program and the Certified Development Company (CDC)
Program.
In particular, this rule: (1) Defines SBLCs and NFRLs; (2)
clarifies SBA's authority to regulate SBLCs and NFRLs; (3) authorizes
SBA to set certain minimum capital standards for SBLCs, to issue cease
and desist orders, and revoke or suspend lending authority of SBLCs and
NFRLs; (4) establishes the Bureau of Premier Certified Lender Program
Oversight in the Office of Credit Risk Management; (5) transfers
existing SBA enforcement authority over CDCs from the Office of
Financial Assistance to the appropriate official in the Office of
Capital Access; and (6) defines SBA's oversight and enforcement
authorities relative to all SBA lenders participating in the 7(a) and
CDC programs and intermediaries in the Microloan program.
Timetable:
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Action Date FR Cite
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NPRM................................ 10/31/07 72 FR 61752
NPRM Comment Period Extended........ 12/20/07 72 FR 72264
NPRM Comment Period End............. 02/29/08
Interim Final Rule.................. 12/11/08 73 FR 75498
Interim Final Rule Comment Period 03/11/09
End.
Interim Final Rule Effective........ 01/12/09
Final Rule.......................... 06/00/14
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brent Ciurlino, Director, Office of Credit Risk
Management, Small Business Administration, 409 3rd Street SW.,
Washington, DC 20416, Phone: 202 205-6538, Email:
[email protected].
RIN: 3245-AE14
411. Small Business Technology Transfer (STTR) Policy Directive
Regulatory Plan: This entry is Seq. No. 142 in part II of this
issue of the Federal Register.
RIN: 3245-AF45
412. Small Business Innovation Research (SBIR) Program Policy Directive
Regulatory Plan: This entry is Seq. No. 143 in part II of this
issue of the Federal Register.
RIN: 3245-AF84
413. 504 and 7(A) Loan Programs Updates
Regulatory Plan: This entry is Seq. No. 144 in part II of this
issue of the Federal Register.
RIN: 3245-AG04
414. Small Business Size Standards for Utilities
Legal Authority: 15 U.S.C. 632(a)
Abstract: On July 19, 2012, the U.S. Small Business Administration
(SBA) proposed to revise the small business size standards for nine
industries in North American Industry Classification System (NAICS)
Sector 22, Utilities. For industries involved in electric power
generation, transmission and distribution, SBA proposed to replace the
current size standard of 4 million megawatt hours in electric output
with an employee based size standard of 500 employees. SBA also
proposed to increase the small business size standards for three
industries in NAICS Sector 22 that have receipt based size standards.
As part of its effort to review all size standards as required by the
Small Business Jobs Act of 2010, SBA evaluated all industries in NAICS
Sector 22 that have either electric output based or receipts based size
standards to determine whether the existing size standards should be
retained or revised. The proposed rule is one of the rules that will
examine industries grouped by NAICS sector. SBA applied its ``Size
Standards Methodology,'' which is available on its Web site at http://www.sba.gov/size, to prepare the proposed rule. SBA expects to publish
the final rule in the near future.
Timetable:
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Action Date FR Cite
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NPRM................................ 07/19/12 77 FR 42441
NPRM Comment Period End............. 09/17/12
Final Rule.......................... 12/00/13
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW.,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected].
RIN: 3245-AG25
415. Small Business Size Standards: Construction
Legal Authority: 15 U.S.C. 632(a)
Abstract: On July 18, 2012, the U.S. Small Business Administration
(SBA) published a proposed rule to increase small business size
standards for one industry and one sub-industry in North American
Industry Classification System (NAICS) Sector 23, Construction.
Specifically, SBA proposed to increase the size standard for NAICS
237210, Land Subdivision, from $7 million to $25 million and the size
standard for Dredging and Surface Cleanup Activities, a sub-industry
category (or an ``exception'') under NAICS 237990, Other Heavy and
Civil Engineering Construction, from $20 million to $30 million in
average annual receipts. As part of its ongoing comprehensive size
standards review, SBA evaluated all size standards in NAICS Sector 23
to determine whether they should be retained or revised. The proposed
rule is one of the rules that examines size standards of industries
grouped by NAICS Sector. SBA has applied its ``Size Standards
Methodology,'' which is available on its Web site at http://www.sba.gov/size, to prepare the proposed rule. SBA expects to publish
the final rule in the near future.
Timetable:
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Action Date FR Cite
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NPRM................................ 07/18/12 77 FR 42197
NPRM Comment Period End............. 09/17/12
Final Rule.......................... 12/00/13
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Khem Raj Sharma, Chief, Office of Size Standards,
Small Business Administration, 409 Third
[[Page 1233]]
Street SW., Washington, DC 20416, Phone: 202 205-6390, Fax: 202 205-
6390.
RIN: 3245-AG37
416. Small Business Size Standards; Adjust Monetary Size
Standards for Inflation
Legal Authority: 15 U.S.C. 632(a)
Abstract: SBA intends to issue an interim final rule with request
for comments to adjust its monetary small business size standards
(i.e., receipts, net income, net worth, and financial assets), for the
effects of inflation that have occurred since the last inflation
adjustment, which was effective August 18, 2008. This action will
restore small business eligibility to businesses that have lost that
status due to inflation. The Small Business Jobs Act of 2010 requires
SBA to review and adjust (as necessary) all size standards within five
years of its enactment. By the fourth quarter of FY 2014 SBA will have
completed all monetary size standards to the point where it can examine
the impact of inflation. In addition, SBA has required by its Small
Business Size Regulations at 13 CFR 121.102(c) to review the effects of
inflation on its monetary standards at least once every five years, and
this interim final rule comply with that regulation.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 01/00/14
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW.,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected].
RIN: 3245-AG60
SMALL BUSINESS ADMINISTRATION (SBA)
Completed Actions
417. Acquisition Process: Task and Delivery Order Contracts, Bundling,
Consolidation
Legal Authority: Pub. L. 111-240; sec 1311; 1312; 1313; 1331
Abstract: The U.S. Small Business Administration (SBA) is issuing
regulations that will establish guidance under which Federal agencies
may set aside part of a multiple award contract for small business
concerns, set aside orders placed against multiple award contracts for
small business concerns, and reserve one or more awards for small
business concerns under full and open competition for a multiple award
contract. These regulations will apply to small businesses, including
those small businesses eligible for SBA's socioeconomic programs. The
regulations will also set forth a Governmentwide policy on bundling,
which will address teams and joint ventures of small businesses and the
requirement that each Federal agency must publish on its Web site the
rationale for any bundled contract. In addition, the regulations will
address contract consolidation and the limitations on the use of such
consolidation in Federal procurement to include ensuring that the head
of a Federal agency may not carry out a consolidated contract over $2
million unless the Senior Procurement Executive or Chief Acquisition
Officer ensures that market research has been conducted and determines
that the consolidation is necessary and justified.
Completed:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 10/02/13 78 FR 61114
Final Rule Effective................ 12/31/13
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dean R. Koppel, Phone: 202 205-7322, Fax: 202 481-
1540, Email: [email protected].
RIN: 3245-AG20
418. Small Business Subcontracting
Legal Authority: Pub. L. 111-240; sec 1321 and 1322; 1334
Abstract: These regulations address subcontracting compliance and
the interrelationship between contracting offices, small business
offices, and program offices relating to oversight and review
activities. The regulation also addresses the statutory requirement
that a large business prime contractor must represent that it will make
good faith efforts to award subcontracts to small businesses at the
same percentage as indicated in the subcontracting plan submitted as
part of its proposal for a contract and that if the percentage is not
met, the large business prime contractor must provide a written
justification and explanation to the contracting officer. Finally, the
regulation also addresses the statutory requirement that a prime
contractor must notify the contracting officer in writing if it has
paid a reduced price to a subcontractor for goods and services or if
the payment to the subcontractor is more than 90 days past due.
Completed:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 07/16/13 78 FR 42391
Final Rule Effective................ 08/15/13
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dean R. Koppel, Phone: 202 205-7322, Fax: 202 481-
1540, Email: [email protected].
RIN: 3245-AG22
419. Small Business Size and Status Integrity
Legal Authority: Pub. L. 111-240; sec 1341 and 1343
Abstract: These regulations address the intentional
misrepresentations of small business status as a ``presumption of loss
against the Government.'' In addition, the rule addresses the statutory
requirement that no business may continue to certify itself as small on
the System for Award Management (SAM) without first providing an annual
certification.
Completed:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/07/11 76 FR 62313
Final Rule.......................... 06/28/13 78 FR 38811
Final Rule Effective................ 08/27/13
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dean R. Koppel, Phone: 202 205-7322, Fax: 202 481-
1540, Email: [email protected].
RIN: 3245-AG23
[FR Doc. 2013-29643 Filed 1-6-14; 8:45 am]
BILLING CODE 8025-01-P