[Federal Register Volume 79, Number 245 (Monday, December 22, 2014)]
[Proposed Rules]
[Pages 76788-76795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28983]
[[Page 76787]]
Vol. 79
Monday,
No. 245
December 22, 2014
Part XVIII
Small Business Administration
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Semiannual Regulatory Agenda
Federal Register / Vol. 79 , No. 245 / Monday, December 22, 2014 /
Unified Agenda
[[Page 76788]]
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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. 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 2014 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.
Dated: September 26, 2014.
Maria Contreras-Sweet,
Administrator.
Small Business Administration--Prerule Stage
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Regulation
Sequence No. Title Identifier No.
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400....................... Small Business Development 3245-AE05
Centers (SBDC) Program
Revisions.
401....................... Women's Business Center 3245-AG02
Program.
402....................... Small Business Innovation 3245-AG64
Research (SBIR) and Small
Business Technology
Transfer (STTR) Policy
Directives; Data Rights;
Phase III Award
Preference; Other
Clarifying Amendments.
403....................... Small Business Timber Set- 3245-AG69
Aside Program.
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Small Business Administration--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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404....................... SBA Express Loan Program; 3245-AF85
Export Express Program.
405....................... Implementation of Small 3245-AF88
Business Disaster
Response and Loan
Improvement Act:
Expedited Disaster
Assistance Program.
406....................... Implementation of Small 3245-AF99
Business Disaster
Response and Loan
Improvement Act: Private
Disaster Loan Program.
407....................... Small Business Mentor- 3245-AG24
Protege Programs.
408....................... Small Business HUBZone 3245-AG38
Program.
409....................... Agent Revocation and 3245-AG40
Suspension Procedures.
410....................... Small Business Size 3245-AG50
Standards for
Manufacturing.
411....................... Small Business Size 3245-AG51
Standards for Other
Industries With Employee-
Based Size Standards Not
Part of Manufacturing
Wholesale Trade or Retail
Trade.
412....................... Small Business Government 3245-AG58
Contracting and National
Defense Authorization Act
of 2013 Amendments.
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Small Business Administration--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
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413....................... Small Business Size 3245-AG49
Standards: Employee Based
Size Standards for
Wholesale Trade and
Retail Trade.
414....................... Advisory Small Business 3245-AG59
Size Decisions.
[[Page 76789]]
415....................... Small Business Size 3245-AG60
Standards; Inflation
Adjustment to Monetary-
Based Size Standards.
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Small Business Administration--Long-Term Actions
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Regulation
Sequence No. Title Identifier No.
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416....................... Small Business Size 3245-AG16
Standards; Alternative
Size Standard for 7(a),
504, and Disaster Loan
Programs.
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Small Business Administration--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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417....................... Lender Oversight Program.. 3245-AE14
418....................... 504 and 7(a) Loan Programs 3245-AG04
Updates.
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SMALL BUSINESS ADMINISTRATION (SBA)
400. 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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ANPRM............................... 11/00/14 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: J. Chancy 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
401. 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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ANPRM............................... 11/00/14 .......................
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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].
RIN: 3245-AG02
402. Small Business Innovation Research (SBIR) and Small
Business Technology Transfer (STTR) Policy Directives; Data Rights;
Phase III Award Preference; Other Clarifying Amendments
Legal Authority: 15 U.S.C. 638(p); Pub. L. 112-81, sec 5001, et
seq.
Abstract: This Directive seeks comments from the public on two key
areas of the Small Business Innovation Research (SBIR) and Small
Business Technology Transfer (STTR) Policy Directives that the SBA is
considering revising: SBIR/STTR data rights, and the Government's
responsibilities with respect to SBIR/STTR Phase III awards. The SBA
intends to update policy directive language on miscellaneous topics
including the calculation of extramural R/R&D and to provide greater
clarity and detail on these issues in the Policy Directive. SBA also
intends to combine the directives for the two programs into a single
document to simplify the reference and revision processes.
Timetable:
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Action Date FR Cite
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ANPRM............................... 11/07/14 79 FR 66342
ANPRM Comment Period End............ 01/06/15 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Edsel M. Brown Jr., Assistant Director, Office of
Innovation, Small Business Administration, 409 Third Street SW.,
Washington, DC 20416, Phone: 202 205-6450, Email: [email protected].
RIN: 3245-AG64
[[Page 76790]]
403. Small Business Timber Set-Aside Program
Legal Authority: 15 U.S.C. 631; 15 U.S.C. 644(a)
Abstract: Under the Small Business Timber Set-Aside Program, timber
sales must be set aside for small business when small business
participation falls below a certain amount. This threshold is based on
a computation of small business participation in a prior five-year
period. Through this ANPRM SBA will seek public comment and information
on whether the saw timber volume purchase on stewardship timber/service
contracts should be included, which may expand the small business set-
aside calculation. SBA will also seek public comment on whether the
appraisal on set-aside sales should be made to the nearest small
business mill to reflect the actual cost to an eligible bidder. In
addition, SBA is requesting data on the timber industry to help
evaluate the current program and economic impact of potential changes.
Timetable:
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Action Date FR Cite
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ANPRM............................... 01/00/15 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brenda J. Fernandez, Procurement Analyst, Small
Business Administration, 409 Third Street SW., Washington, DC 20416,
Phone: 202 205-7337, Email: [email protected].
RIN: 3245-AG69
SMALL BUSINESS ADMINISTRATION (SBA)
Proposed Rule Stage
404. 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................................ 04/00/15 .......................
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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
405. 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................................ 01/00/15 .......................
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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
406. Implementation of Small Business Disaster Response and Loan
Improvement Act: Private Disaster Loan 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................................ 01/00/15 .......................
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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
407. 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. 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................................ 11/00/14 .......................
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[[Page 76791]]
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brenda J. Fernandez, Procurement Analyst, Small
Business Administration, 409 Third Street SW., Washington, DC 20416,
Phone: 202 205-7337, Email: [email protected].
RIN: 3245-AG24
408. 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................................ 03/00/15 .......................
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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
409. Agent Revocation and Suspension Procedures
Legal Authority: 15 U.S.C. 634; 15 U.S.C. 642
Abstract: These changes to 13 CFRs 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
procedures 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................................ 10/16/14 79 FR 62060
NPRM Comment Period End............. 12/15/14 .......................
Final Rule.......................... 08/00/15 .......................
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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
410. Small Business Size Standards for Manufacturing
Legal Authority: 15 U.S.C. 632(a)
Abstract: On September 10, 2014, the U.S. Small Business
Administration (SBA), published a proposed rule to increase employee
based size standards for 209 industries in North American Industry
Classification System (NAICS) Section 31-33, Manufacturing. SBA also
proposed to increase the refining capacity component of the Petroleum
Refiners (NAICS 324110) size standard to 200,000 barrels per calendar
day total capacity for businesses that are primarily engaged in
petroleum refining. The proposed rule also eliminated the requirement
that 90 percent of a refiner's output being delivered should be refined
by the bidder. As a part of its comprehensive size standards review
required by the Small Business Jobs Act of 2010, SBA evaluated all 364
industries in NAICS Sector 31-33 to determine whether their size
standards should be retained or revised. 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................................ 09/10/14 79 FR 54146
NPRM Comment Period End............. 11/10/14 .......................
Final Rule.......................... 05/00/15 .......................
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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
411. 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: On September 10, 2014, the U.S. Small Business
Administration (SBA) published a proposed rule to increase to increase
the employee-based size standards for 30 industries and three
exceptions and decrease them for three industries that are not a part
of NAICS Sector 31-33 (Manufacturing) Sector 42 (Wholesale Trade) and
Sector 44-45 (Retail Trade). Additionally, SBA proposed to remove the
Information Technology Value Added Resellers exception under NAICS
541519 (Other Computer Related Services) together with its 150-employee
size standard. Similarly, SBA also proposed to eliminate the Offshore
Marine Air Transportation Services exception under NAICS 481211 and
481212 and Offshore Marine Services exception under NAICS Subsector 483
and their $30.5 million receipts based size standard. As part of its
comprehensive size standards review required by the Small Business Jobs
Act of 2010 SBA evaluated 57 industries and five exceptions with
employee based size standards that are not in NAICS Sectors 31-33 42 or
4445. 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................................ 09/10/14 79 FR 53646
NPRM Rule Correction................ 10/24/14 79 FR 62576
NPRM Comment Period End............. 11/10/14 .......................
Final Rule.......................... 05/00/15 .......................
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[[Page 76792]]
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
412. Small Business Government Contracting and National Defense
Authorization Act of 2013 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; 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................................ 12/00/14 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brenda J. Fernandez, Procurement Analyst, Small
Business Administration, 409 Third Street SW., Washington, DC 20416,
Phone: 202 205-7337, Email: [email protected].
RIN: 3245-AG58
SMALL BUSINESS ADMINISTRATION (SBA)
Final Rule Stage
413. Small Business Size Standards: Employee Based Size Standards for
Wholesale Trade and Retail Trade
Legal Authority: 15 U.S.C. 632(a)
Abstract: On May 19, 2014, the U.S. Small Business Administration
(SBA) published a proposed rule to increase employee based size
standards in 46 industries in North American Industry Classifcation
System (NAICS) Sector 42, Wholesale Trade, and in one industry in
Sector 44-45, Retail Trade. As a part of its comprehensive size
standards review required by the Small Business Jobs Act of 2012, SBA
reviewed all 71 industries in Sector 42 and two industries with
employee based size standards in Sector 44-45 to determine whether
their size standards should be retained or revised. The proposed
revisions, if adopted, will primarily affect eligibility for SBA's
financial assistance programs. 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. SBA expects to publish
the final rule in the near future.
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................................ 05/19/14 79 FR 28631
NPRM Comment Period End............. 07/18/14 .......................
Final Rule.......................... 12/00/14 .......................
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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
414. Advisory Small Business Size Decisions
Legal Authority: 15 U.S.C. 645(d)(3)
Abstract: The purpose of the statute is to establish procedures for
Small Business Development Centers (SBDCs) (SBA grantees) or
Procurement Technical Assistance Centers (PTACs) (DOD grantees) to
issue advisory size decisions. 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. 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................................ 06/25/14 79 FR 35963
NPRM Comment Period End............. 08/25/14 .......................
Final Rule.......................... 01/00/15 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brenda J. Fernandez, Procurement Analyst, Small
Business Administration, 409 Third Street SW., Washington, DC 20416,
Phone: 202 205-7337, Email: [email protected].
RIN: 3245-AG59
415. Small Business Size Standards; Inflation Adjustment to Monetary-
Based Size Standards
Legal Authority: 15 U.S.C. 632(a)
Abstract: On June 12, 2014, SBA issued 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 aimed to 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)
[[Page 76793]]
require the same quinquennial (or less) review and adjustment. The rule
did not increase the $750,000 size standard for agricultural
enterprises, which is established by the Small Business Act (Sec.
3(a)(1)). The alternate size standard used in the 7(a) and 504 business
loan programs is unaffected by this adjustment.
Timetable:
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Action Date FR Cite
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Interim Final Rule.................. 06/12/14 79 FR 33647
Interim Final Rule Effective........ 07/14/14 .......................
Interim Final Rule Comment Period 08/11/14 .......................
End.
Final Rule.......................... 12/00/14 .......................
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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
SMALL BUSINESS ADMINISTRATION (SBA)
Long-Term Actions
416. 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................................ 11/00/15 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Khem Raj Sharma, Phone: 202 205-7189, Fax: 202 205-
6390, Email: [email protected].
RIN: 3245-AG16
SMALL BUSINESS ADMINISTRATION (SBA)
Completed Actions
417. 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.
Completed:
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Reason Date FR Cite
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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 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brent Ciurlino, Phone: 202 205-6538, Email:
[email protected].
RIN: 3245-AE14
418. 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.
Completed:
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Reason Date FR Cite
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Final Rule.......................... 03/21/14 79 FR 15641
Final Rule Effective................ 04/21/14 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John P. Kelley, Phone: 202 205-0067, Fax: 202 292-
3844, Email: [email protected].
RIN: 3245-AG04
[FR Doc. 2014-28983 Filed 12-19-14; 8:45 am]
BILLING CODE 8025-01-P