[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Proposed Rules]
[Pages 34132-34139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13133]
[[Page 34131]]
Vol. 79
Friday,
No. 114
June 13, 2014
Part XIX
Small Business Administration
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Semiannual Regulatory Agenda
Federal Register / Vol. 79 , No. 114 / Friday, June 13, 2014 /
Unified Agenda
[[Page 34132]]
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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 and completed actions of the Small Business
Administration (SBA). SBA expects that this summary information will
enable the public to be more aware of, and effectively participate in,
SBA's regulatory activity. SBA invites the public to submit comments on
any aspect of this Agenda.
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 Agency rulemakings, as well as actions completed since the
publication of the last Regulatory Agenda. SBA's last Semiannual
Regulatory Agenda was published on January 7, 2014, at 79 FR 1228. The
Semiannual Agenda of the SBA conforms to the Unified Agenda format
developed by the Regulatory Information Service Center.
Beginning with the fall 2007 edition, the Unified Agenda has been
disseminated via the Internet. 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 SBA's Agenda.
The Regulatory Flexibility Act requires federal agencies to publish
their regulatory flexibility agendas in the Federal Register.
Therefore, SBA's printed agenda entries include regulatory actions that
are in the SBA's regulatory flexibility agenda because they are likely
to have a significant economic impact on a substantial number of small
entities. Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's Agenda
requirements. Additional information on these entries is available in
the Unified Agenda published on the Internet.
Dated: February 27, 2014.
Marianne O'Brien Markowitz,
Acting Administrator.
Small Business Administration--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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244....................... Small Business Development 3245-AE05
Centers (SBDC) Program
Revisions.
245....................... SBA Express Loan Program; 3245-AF85
Export Express Program.
246....................... Implementation of Small 3245-AF88
Business Disaster
Response and Loan
Improvement Act:
Expedited Disaster
Assistance Program.
247....................... Implementation of Small 3245-AF99
Business Disaster
Response and Loan
Improvement Act: Private
Loan Disaster Program.
248....................... Women's Business Center 3245-AG02
Program.
249....................... Small Business Size 3245-AG16
Standards; Alternative
Size Standard for 7(a),
504, and Disaster Loan
Programs.
250....................... Small Business Mentor- 3245-AG24
Protege Programs.
251....................... Small Business HUBZone 3245-AG38
Program.
252....................... Agent Revocation and 3245-AG40
Suspension Procedures.
253....................... Small Business Size 3245-AG49
Standards: Employee Based
Size Standards for
Wholesale Trade and
Retail Trade.
254....................... Small Business Size 3245-AG50
Standards for
Manufacturing.
255....................... Small Business Size 3245-AG51
Standards for Other
Industries With Employee-
Based Size Standards Not
Part of Manufacturing
Wholesale Trade or Retail
Trade.
256....................... Small Business Government 3245-AG58
Contracting and Timber
Sales Amendments.
257....................... Advisory Small Business 3245-AG59
Size Decisions.
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Small Business Administration--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
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258....................... Lender Oversight Program.. 3245-AE14
259....................... 504 and 7(a) Loan Programs 3245-AG04
Updates.
260....................... Small Business Size 3245-AG60
Standards; Inflation
Adjustment to Monetary-
Based Size Standards.
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Small Business Administration--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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261....................... Small Business Technology 3245-AF45
Transfer (STTR) Policy
Directive.
262....................... Small Business Innovation 3245-AF84
Research (SBIR) Program
Policy Directive.
263....................... Small Business Size 3245-AG25
Standards for Utilities.
264....................... Small Business Size 3245-AG37
Standards: Construction.
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[[Page 34133]]
SMALL BUSINESS ADMINISTRATION (SBA)
Proposed Rule Stage
244. Small Business Development Centers (SBDC) Program Revisions
Legal Authority: 15 U.S.C. 634(b)(6); 15 U.S.C. 648
Abstract: Updates the SBDC program regulations by amending the (1)
procedures for approving applications for new Host 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 or renewal applications for SBDC grants, including
the requirements for electronic submission through the approved
electronic Government submission facility; and (5) provisions regarding
the collection and use of the individual SBDC client data.
Timetable:
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Action Date FR Cite
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NPRM................................ 09/00/14
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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
245. 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................................ 09/00/14
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Linda Rusche, Director, Office of Financial
Assistance, Small Business Administration, 409 Third Street SW.,
Washington, DC 20416, Phone: 202 205-6396, Email: [email protected].
RIN: 3245-AF85
246. Implementation of Small Business Disaster Response and Loan
Improvement Act: Expedited Disaster Assistance Program
Legal Authority: 15 U.S.C. 636j
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................................ 07/00/14
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Linda Rusche, Director, Office of Financial
Assistance, Small Business Administration, 409 Third Street SW.,
Washington, DC 20416, Phone: 202 205-6396, Email: [email protected].
RIN: 3245-AF88
247. Implementation of Small Business Disaster Response and Loan
Improvement Act: Private Loan Disaster Program
Legal Authority: 15 U.S.C. 636(c)
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................................ 08/00/14
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Linda Rusche, Director, Office of Financial
Assistance, Small Business Administration, 409 Third Street SW.,
Washington, DC 20416, Phone: 202 205-6396, Email: [email protected].
RIN: 3245-AF99
248. 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
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................................ 09/00/14
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Bruce D. Purdy, Deputy Assistant Administrator,
Office of Women's Business Ownership, Small Business Administration,
Washington, DC 20416, Phone: 202 205-7532, Email: [email protected].
[[Page 34134]]
RIN: 3245-AG02
249. 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, community development company (CDC) loans under title V of the
Small Business Investment Act (504) and economic injury disaster loans
(EIDL). For the SBA 7(a) Business Loan Program and the 504 program, the
amendments will provide an alternative size standard for loan
applicants that do not meet the small business size standards for their
industries. The Small Business Jobs Act of 2010 (Jobs Act) established
alternative size standards that apply to both of these programs until
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 Standard 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................................ 08/00/14
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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-AG16
250. Small Business Mentor-Protege Programs
Legal Authority: Pub. L. 111-240; sec 1347; 15 U.S.C. 657r
Abstract: SBA currently has a mentor-protege program for the 8(a)
Business Development Program that is intended to enhance the
capabilities of the protege and to improve its ability to successfully
compete for Federal contracts. The Small Business Jobs Act authorized
SBA to use this model to establish similar mentor-protege programs for
the Service Disabled Veteran-Owned, HUBZone, and Women-Owned Small
Federal Contract Business Programs and the National Defense
Authorization Act for Fiscal Year 2013 authorized this for all small
businesses. This authority is consistent with recommendations issued by
an interagency task force created by President Obama on Federal
Contracting Opportunities for Small Businesses. During the next 12
months, SBA will make it a priority to issue regulations establishing
the three newly authorized mentor-protege programs and set out the
standards for participating as a mentor or protege in each. As is the
case with the current mentor-protege program, the various forms of
assistance that a mentor will be expected to provide to a protege
include technical and/or management assistance; financial assistance in
the form of equity investment and/or loans; subcontracts; and/or
assistance in performing prime contracts with the Government in the
form of joint venture arrangements.
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: 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-AG24
251. 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................................ 08/00/14
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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
252. Agent Revocation and Suspension Procedures
Legal Authority: 15 U.S.C. 634; 15 U.S.C. 642
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................................ 06/00/14
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Debra Mayer, Chief, Supervision and Enforcement,
Office of Credit Risk Management, Small Business Administration, 409
Third Street SW., Washington, DC 20416, Phone: 202 205-7577, Email:
[email protected].
RIN: 3245-AG40
253. 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
[[Page 34135]]
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.
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: 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
254. 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................................ 09/00/14
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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
255. 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................................ 09/00/14
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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
256. Small Business Government Contracting and Timber Sales 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 of 2013 with
respect to the limitations on subcontracting and non-manufacturer rules
that apply to set aside contracts. SBA would propose amendments
concerning joint ventures, the applicability of the non-manufacturer
rule to the purchase of software; recertification of size; process for
making size determinations with respect to the payment of reduced user
fees to the Food and Drug Administration; the calculation of cost and
market share for purposes of small business timber sales; affiliation
in the context of Small Innovation Research program; the definition of
a construction contract for purposes of an adverse impact analysis in
connection with 8(a) Business Development program contract; Procurement
Center Representative responsibilities; small business subcontracting
assistance and reporting; Certificates of Competency; and penalties for
violations of the subcontracting limitations and protection for small
businesses that acted in good faith in connection with such
limitations.
Timetable:
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Action Date FR Cite
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NPRM................................ 07/00/14
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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
257. Advisory Small Business Size Decisions
Legal Authority: 15 U.S.C. 645(d)(3)
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
[[Page 34136]]
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:
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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: 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
258. 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.......................... 09/00/14
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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
259. 504 and 7(A) Loan Programs Updates
Legal Authority: 15 U.S.C. 695 et seq., 15 U.S.C. 636(a)
Abstract: The 7(a) Loan Program and 504 Loan Program are SBA's two
primary business loan programs authorized under the Small Business Act
and the Small Business Investment Act of 1958, respectively. The 7(a)
Loan Program's main purpose is to help eligible small businesses obtain
credit when they cannot obtain ``credit elsewhere.'' This program is
also an important engine for job creation. On the other hand, the core
mission of the 504 Loan Program is to provide long-term fixed asset
financing to small businesses to facilitate the creation of jobs and
local economic development. The purpose of this proposed rulemaking is
to reinvigorate these programs as vital tools for creating and
preserving American jobs. SBA proposes to strip away regulatory
restrictions that detract from the 504 Loan Program's core job creation
mission as well as the 7(a) Loan Program's positive job creation impact
on the American economy. The proposed changes would enhance job
creation through increasing eligibility for loans under SBA's business
loan programs and by modifying certain program participant requirements
applicable to these two programs. The major changes that SBA is
proposing include changes relating to the personal resources test, the
9-month rule for the 504 Loan Program, and CDC operational and
organizational requirements.
Timetable:
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Action Date FR Cite
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NPRM................................ 02/25/13 78 FR 12633
NPRM Comment Period End............. 04/26/13
Final Rule.......................... 03/21/14 79 FR 15641
Final Rule Effective................ 04/21/14
Final Action........................ 12/00/14
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John P. Kelley, Senior Advisor to the Associate
Administrator, Small Business Administration, 409 Third Street SW.,
Washington, DC 20416, Phone: 202 205-0067, Fax: 202 292-3844, Email:
[email protected].
RIN: 3245-AG04
260. Small Business Size Standards; Inflation Adjustment to Monetary-
Based Size Standards
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 19, 2008. The interim final rule
will restore small business eligibility to businesses that have lost
their small business status due to inflation. The Small Business Jobs
Act of 2010 (Jobs Act) requires SBA to review and adjust (as necessary)
all size standards within five years of its enactment. SBA's Small
Business Size Regulations at 13 CFR 121.102(c) require the same
quinquennial (or less) review and adjustment. The rule will not
increase the $750,000 size standard for agricultural enterprises, which
is established by the Small Business Act (Sec. 3(a)(1)).
Timetable:
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Action Date FR Cite
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Interim Final Rule.................. 07/00/14
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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-AG60
[[Page 34137]]
SMALL BUSINESS ADMINISTRATION (SBA)
Completed Actions
261. Small Business Technology Transfer (STTR) Policy Directive
Legal Authority: 15 U.S.C. 638(p); Pub. L. 112-81, sec 5001, et
seq.
Abstract: The amendments to the Small Business Technology Transfer
(STTR) Policy Directive cover, in general: Extension of the program
through 2017; increase in percentage of extramural research and
development budget reserved for program; annual adjustment of award
guidelines for inflation; authority for SBIR awardees to receive STTR
awards and vice versa; prevention of duplicate awards; requirements for
agencies to allow business concerns owned by multiple venture capital
operating companies, hedge funds or private equity firms to participate
in the program; authority for small businesses to contract with Federal
laboratory and restrictions on advanced payment to laboratories;
technical assistance amendments; commercialization readiness and
commercialization readiness pilot for civilian agencies; additional
annual report and data collection requirements; and funding for
administration and oversight of programs.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Notice.............................. 01/08/14 79 FR 1309
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Edsel M. Brown, Phone: 202 205-6450, Email:
[email protected].
RIN: 3245-AF45
262. Small Business Innovation Research (SBIR) Program Policy Directive
Legal Authority: 15 U.S.C. 638(j); Pub. L. 112-81, sec 5001, et
seq.
Abstract: The amendments to the Small Business Innovation Research
Policy Directive cover, in general: Extension of the program through
2017; increase in percentage of extramural research and development
budget reserved for program; annual adjustment of award guidelines for
inflation; authority for SBIR awardees to receive STTR awards and vice
versa; prevention of duplicate awards; requirements for agencies to
allow business concerns owned by multiple venture capital operating
companies, hedge funds, or private equity firms to participate in the
program; authority for small businesses to contract with Federal
laboratory and restrictions on advanced payment to laboratories;
technical assistance amendments; commercialization readiness and
commercialization readiness pilot for civilian agencies; additional
annual report and data collection requirements; and funding for
administration and oversight of programs.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Notice.............................. 01/08/14 79 FR 1303
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Edsel M. Brown, Phone: 202 205-6450, Email:
[email protected].
RIN: 3245-AF84
263. Small Business Size Standards for Utilities
Legal Authority: 15 U.S.C. 632(a)
Abstract: SBA issued a proposed rule in the Federal Register on
July 19, 2012 to revise small business size standards for nine
industries in North American Industry Classification System Sector 22,
Utilities. After evaluating comments the Agency received, SBA issued a
final rule on December 23, 2013 effective January 22, 2014. The final
rule modified 13 size standards in Sector 22 (the increased number
being due to the restructuring of various industries in this sector by
OMB). SBA increased receipts based size standards for three industries
and changed the basis for measuring business size from megawatt hours
to number of employees for the 10 electric power generation,
transmission, and distribution industries. In addition, SBA removed
Footnote 1 from SBA's Table of Size Standards that had applied to all
NAICS codes that describe electric power generation, transmission, and
distribution.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 12/23/13 78 FR 77343
Final Rule Effective................ 01/22/14
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Khem Raj Sharma, Phone: 202 205-7189, Fax: 202 205-
6390, Email: [email protected].
RIN: 3245-AG25
264. Small Business Size Standards: Construction
Legal Authority: 15 U.S.C. 632(a)
Abstract: SBA issued a proposed rule in the Federal Register on
July 18, 2012 to revise two small business size standards in Sector 23,
Construction. After evaluating the 25 comments the Agency received, SBA
issued a final rule on December 23, 2013, effective January 22, 2014.
The final rule modified two standards, Land Subdivision and Drudging
and Surface Cleanup Activities.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 12/23/13 78 FR 77334
Final Rule Effective................ 01/22/14
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Khem Raj Sharma, Phone: 202 205-6390, Fax: 202 205-
6390.
RIN: 3245-AG37
[FR Doc. 2014-13133 Filed 6-12-14; 8:45 am]
BILLING CODE 8025-01-P