[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Unknown Section]
[Pages 78040-78046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30665]
[[Page 78039]]
Vol. 80
Tuesday,
No. 240
December 15, 2015
Part XX
Small Business Administration
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Semiannual Regulatory Agenda
Federal Register / Vol. 80 , No. 240 / Tuesday, December 15, 2015 /
Unified Agenda
[[Page 78040]]
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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. 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 June 18, 2015, at 80 FR 35098. 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: September 28, 2015.
Maria Contreras-Sweet,
Administrator.
Small Business Administration--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
383....................... Immediate, Expedited, and 3245-AF99
Private Disaster
Assistance Loan Programs.
384....................... Women-Owned Small Business 3245-AG75
and Economically
Disadvantaged Women-Owned
Small Business--
Certification.
------------------------------------------------------------------------
Small Business Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
385....................... Small Business Development 3245-AE05
Center Program Revisions.
386....................... Loan Program Miscellaneous 3245-AF85
Amendments.
387....................... Office of Women Owned 3245-AG02
Business: Women's
Business Center Program.
388....................... Small Business HUBZone 3245-AG38
Program.
389....................... Small Business Investment 3245-AG66
Company (SBIC) Program;
Impact SBICs (Reg Plan
Seq No. 125).
390....................... Small Business Investment 3245-AG67
Companies; Revisions to
Passive Business
Regulations & Technical
Clarifications.
391....................... Small Business Timber Set 3245-AG69
Aside Program.
392....................... Credit for Lower Tier 3245-AG71
Small Business
Subcontracting.
393....................... Affiliation for Business 3245-AG73
Loan Programs and Surety
Bond Guarantee Program
(Reg Plan Seq No. 126).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
Small Business Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
394....................... Small Business Mentor- 3245-AG24
Prot[eacute]g[eacute]
Programs (Reg Plan Seq
No. 127).
395....................... Agent Revocation and 3245-AG40
Suspension Procedures.
396....................... Small Business Size 3245-AG49
Standards: Employee Based
Size Standards in
Wholesale Trade and
Retail Trade.
397....................... Small Business Size 3245-AG50
Standards for
Manufacturing.
398....................... Small Business Size 3245-AG51
Standards: Industries
With Employee Based Size
Standards Not Part of
Manufacturing, Wholesale
Trade, or Retail Trade.
399....................... Small Business Government 3245-AG58
Contracting and National
Defense Authorization Act
of 2013 Amendments (Reg
Plan Seq No. 128).
400....................... Small Business Size 3245-AG60
Standards: Inflation
Adjustment to Monetary
Based Size Standards.
[[Page 78041]]
401....................... Surety Bond Guarantee 3245-AG70
Program; Miscellaneous
Amendments.
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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--Long-Term Actions
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Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
402....................... Small Business Size 3245-AG16
Standards; Alternative
Size Standard for 7(a),
504, and Disaster Loan
Programs.
403....................... Record Disclosure and 3245-AG52
Privacy.
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Small Business Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
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404....................... Implementation of Small 3245-AF88
Business Disaster
Response and Loan
Improvement Act:
Expedited Disaster
Assistance Program.
405....................... Advisory Small Business 3245-AG59
Size Decisions.
406....................... Women-Owned Small Business 3245-AG72
Federal Contract Program.
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SMALL BUSINESS ADMINISTRATION (SBA)
Prerule Stage
383. Immediate, Expedited, and Private Disaster Assistance Loan
Programs
Legal Authority: 15 U.S.C. 636(c); 15 U.S.C. 636(j); 15 U.S.C.
657(n)
Abstract: Through this advanced notice of proposed rulemaking, SBA
will solicit comments from potential lenders and the public on three
guaranteed disaster loan programs: (1) The expedited disaster
assistance program (EDAP), under which the SBA would guarantee short-
term loans of up to $150,000 made by private lenders to eligible small
businesses located in a catastrophic disaster area; (2) the private
disaster assistance program (PDAP), under which SBA would guarantee
loans of up to $2 million made by private lenders to eligible small
businesses and homeowners located in a catastrophic disaster area; and
(3) the immediate disaster assistance program (IDAP), under which the
SBA would guarantee interim loans of up to $25,000 made by private
lenders to eligible small businesses, which would then be repaid with
the proceeds of SBA direct disaster loans. SBA will seek input on what
program features would be required for lenders to participate in these
guaranteed disaster loan programs. SBA plans to use this feedback in
drafting proposed rules for the EDAP and PDAP programs and in
considering changes to the existing IDAP regulations.
Timetable:
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Action Date FR Cite
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ANPRM............................... 10/21/15 80 FR 63715
ANPRM Comment Period End............ 12/21/15 .......................
NPRM................................ 06/00/16 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dianna L. Seaborn, Acting Director, Office of
Financial Assistance, Small Business Administration, 409 Third Street
SW., Washington, DC 20416, Phone: 202 205-3645, Email:
[email protected].
RIN: 3245-AF99
384. Women-Owned Small Business and Economically Disadvantaged
Women-Owned Small Business--Certification
Legal Authority: Pub. L. 113-291, sec 825; 15 U.S.C. 637(m)
Abstract: Section 825 of the National Defense Authorization Act for
Fiscal Year 2015 (NDAA), Public Law 113-291, 128 Stat. 3292, Dec. 19,
2014, included language requiring that women-owned small business
concerns and economically disadvantaged women-owned small business
concerns are certified by a Federal agency, a State government, the
Administrator, or national certifying entity approved by the
Administrator as a small business concern owned and controlled by
women. SBA is issuing this Advance Notice of Proposed Rulemaking to get
public feedback on how best to implement this statutory provision. SBA
intends to request information on whether SBA should: Create its own
certification program, rely on private certifiers, allow Federal
agencies to create their own certification systems, or create a hybrid
system. SBA also intends to request information from the public
concerning State government certification programs.
Timetable:
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Action Date FR Cite
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ANPRM............................... 11/00/15 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kenneth Dodds, Director, Office of Government
Contracting, Small Business Administration, 409 3rd Street SW.,
Washington, DC 20416, Phone: 202 619-1766, Fax: 202 481-2950, Email:
[email protected].
RIN: 3245-AG75
SMALL BUSINESS ADMINISTRATION (SBA)
Proposed Rule Stage
385. Small Business Development Center Program Revisions
Legal Authority: 15 U.S.C. 634(b)(6); 15 U.S.C. 648
Abstract: Updates the SBDC program regulations by proposing to
amend: (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
[[Page 78042]]
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; (5)
procedures regarding the determination to affect suspension,
termination or non-renewal of an SBDC's cooperative agreement; and (6)
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............................... 04/02/15 80 FR 17708
ANPRM Comment Period End............ 06/01/15 .......................
NPRM................................ 07/00/16 .......................
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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
386. Loan Program Miscellaneous Amendments
Legal Authority: 15 U.S.C. 636(a); 15 U.S.C. 694b
Abstract: Certain lenders have been delegated the authority to make
loan decisions without prior approval from SBA under certain
circumstances. SBA plans to formalize such delegated authorities in
this proposed rule. Several minor modifications to the 504 Loan Program
and governance rules for Certified Development Company (CDC) are also
proposed in a follow-on to the Final Rule: 504 and 7(a) Loan Program
Updates (March 21, 2014), along with alignment of terminology for 7(a)
lenders that are federally regulated to synchronize with existing
industry requirements. This proposed rule will also propose to amend
SBA's Program Fraud Civil Remedies Act regulations. SBA will propose to
conform the amount of the penalties that may be imposed under that
statute, for making false claims and false statements, to the amount
established by the Department of Justice. SBA plans to propose several
other miscellaneous amendments to improve oversight and operations of
its finance programs.
This rule proposes to make three changes to the Surety Bond
Guarantee (SBG) Program. The first would change the threshold for
notification to SBA of changes in the contract or bond amount.
Secondly, the change would require sureties to submit quarterly
contract completion reports. Finally, SBA proposes to increase the
eligible contract limit for the Quick Bond Application and Agreement
from $250,000 to $400,000.
Timetable:
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Action Date FR Cite
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NPRM................................ 12/00/15 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John M. Wade, Acting Director, Office of Financial
Assistance, Small Business Administration, 409 Third Street SW.,
Washington, DC 20416, Phone: 202 205-3647, Email: [email protected].
RIN: 3245-AF85
387. Office of Women Owned-Business: 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............................... 04/22/15 80 FR 22434
ANPRM Comment Period End............ 06/22/15 .......................
NPRM................................ 05/00/16 .......................
------------------------------------------------------------------------
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
388. 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................................ 03/00/16 .......................
------------------------------------------------------------------------
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
389. Small Business Investment Company (SBIC) Program; Impact SBICS
Regulatory Plan: This entry is Seq. No. 125 in part II of this
issue of the Federal Register.
RIN: 3245-AG66
390. Small Business Investment Companies; Revisions to Passive Business
Regulations & Technical Clarifications
Legal Authority: 15 U.S.C. 681 et seq.
Abstract: The SBA proposes to revise the regulations for the Small
Business Investment Company (SBIC) program to further expand the use of
Passive Businesses and provide needed
[[Page 78043]]
protections for SBA with regard to such investments. SBICs are
generally prohibited from investing in passive businesses under the
Small Business Investment Act of 1958 as amended as well as by
regulations. Current program regulations provided for two exceptions
that allow an SBIC to structure an investment utilizing a passive small
business as a pass-through. The first exception identified in
107.720(b)(2) provides that an SBIC may structure an investment
utilizing two pass-through entities to make an investment into an
active business . The second exception identified in 107.720(b)(3)
allows partnership SBICs with SBA prior approval to invest in a wholly
owned passive business that in turn provides financing to an active
small business only if a direct financing would cause its investors to
incur Unrelated Business Taxable Income (UBTI). The second exception is
commonly known as a blocker corporation. The current rule creates
unnecessary complications in defining two exceptions and does not
provide SBA with sufficient protections. SBA proposes to simplify the
rule to allow a more flexible two pass-through entity structure but
provides SBA certain protections to offset risks associated with
passive investment structures. As part of the proposed rule, SBA will
also make technical corrections and clarifications.
Timetable:
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Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/05/15 80 FR 60077
NPRM Comment Period End............. 12/04/15 .......................
Final Rule.......................... 05/00/16 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Theresa M. Jamerson, Senior Policy Advisor,
Investment Division, Small Business Administration, 409 3rd Street SW.,
Washington, DC 20461, Phone: 202 205-7563, Email:
[email protected].
RIN: 3245-AG67
391. Small Business Timber Set Aside Program
Legal Authority: 15 U.S.C. 631; 15 U.S.C. 644(a)
Abstract: The U.S. Small Business Administration (SBA or Agency) is
proposing to amend its Small Business Timber Set-Aside Program (the
Program) regulations. The Small Business Timber Set-Aside Program is
rooted in the Small Business Act, which tasked SBA with ensuring that
small businesses receive a fair proportion of the total sales of
government property. Accordingly, the Program requires Timber sales to
be set aside for small business when small business participation falls
below a certain amount. SBA is considering comments received during the
ANPRM process, including on issues such as, but not limited to, whether
the saw timber volume purchased through stewardship timber contracts
should be included in calculations, and whether the appraisal point
used in set-aside sales should be the nearest small business mill. In
addition, SBA is considering data from the timber industry to help
evaluate the current program and economic impact of potential changes.
Timetable:
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Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 03/25/15 80 FR 15697
ANPRM Comment Period End............ 05/26/15 .......................
NPRM................................ 03/00/16 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: David W. Loines, Area Director, Office of
Government Contracting, Small Business Administration, 409 Third Street
SW., Washington, DC 20416, Phone: 202 205-7311, Email:
[email protected].
RIN: 3245-AG69
392. Credit for Lower Tier Small Business Subcontracting
Legal Authority: Pub. L. 113-66, sec 1614
Abstract: The U.S. Small Business Administration (SBA or Agency)
proposes to amend its regulations to implement Section 1614 of the
National Defense Authorization Act (NDAA) of 2014, Pub. L. 113-66,
December 26, 2013. Under the statute, when an other than small prime
contractor has an individual subcontracting plan for a contract, the
large business may receive credit towards its small business
subcontracting goals for subcontract awards made to small business
concerns at any tier. Currently, other than small business prime
contractors only report on their performance awarding subcontracts to
small businesses at the first tier level.
Timetable:
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Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/06/15 80 FR 60300
NPRM Comment Period End............. 12/07/15 .......................
Final Rule.......................... 07/00/16 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kenneth Dodds, Director, Office of Government
Contracting, Small Business Administration, 409 3rd Street SW.,
Washington, DC 20416, Phone: 202 619-1766, Fax: 202 481-2950, Email:
[email protected].
RIN: 3245-AG71
393. Affiliation for Business Loan Programs and Surety Bond Guarantee
Program
Regulatory Plan: This entry is Seq. No. 126 in part II of this
issue of the Federal Register.
RIN: 3245-AG73
SMALL BUSINESS ADMINISTRATION (SBA)
Final Rule Stage
394. Small Business Mentor--Prot[eacute]g[eacute] Programs
Regulatory Plan: This entry is Seq. No. 127 in part II of this
issue of the Federal Register.
RIN: 3245-AG24
395. Agent Revocation and Suspension Procedures
Legal Authority: 15 U.S.C. 634 ; 15 U.S.C. 642
Abstract: This rule establishes detailed procedures for the
suspension and revocation of an Agent's privilege to do business with
the United States Small Business Administration (SBA) within a single
Part of the Code of Federal Regulations; removes 8(a) program specific
procedures for Agent suspension and revocation; clarifies existing and
related regulations as to suspension, revocation, and debarment; and
removes Office of Hearings and Appeals jurisdiction over Agent
suspensions and revocations and government-wide debarment and
suspension actions. This rule will also conform SBA suspension and
revocation procedures for Agents with general government-wide
nonprocurement suspension and debarment procedures.
Timetable:
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Action Date FR Cite
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NPRM................................ 10/16/14 79 FR 62060
NPRM Comment Period Extended........ 12/12/14 79 FR 73853
NPRM Comment Period End............. 12/15/14 .......................
Second NPRM Comment Period End...... 02/14/15 .......................
Final Rule.......................... 10/00/16 .......................
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[[Page 78044]]
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
396. Small Business Size Standards: Employee Based Size Standards in
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 Classification
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:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/19/14 79 FR 28631
NPRM Comment Period End............. 07/18/14 .......................
Final Rule.......................... 11/00/15 .......................
------------------------------------------------------------------------
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
397. Small Business Size Standards for Manufacturing
Legal Authority: 15 U.S.C. 632(a)
Abstract: This rule proposes to increase employee based size
standards for 209 industries in North American Industry Classification
System (NAICS) Section 31-33, Manufacturing. SBA also proposes 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 rule also proposes to eliminate 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
examined 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:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/10/14 79 FR 54146
NPRM Comment Period End............. 11/10/14 .......................
Final Rule.......................... 01/00/16 .......................
------------------------------------------------------------------------
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
398. Small Business Size Standards: Industries With Employee Based Size
Standards Not Part of Manufacturing, Wholesale Trade, or Retail Trade
Legal Authority: 15 U.S.C. 632(a)
Abstract: This rule proposes 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 proposes 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 proposes 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 examined 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:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/10/14 79 FR 53646
NPRM Rule Correction................ 10/20/14 79 FR 62576
NPRM Comment Period End............. 11/10/14
Final Rule.......................... 01/00/16
------------------------------------------------------------------------
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
399. Small Business Government Contracting and National Defense
Authorization Act of 2013 Amendments
Regulatory Plan: This entry is Seq. No. 128 in part II of this
issue of the Federal Register.
RIN: 3245-AG58
400. 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
[[Page 78045]]
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 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:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
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.......................... 11/00/15
------------------------------------------------------------------------
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
401. Surety Bond Guarantee Program; Miscellaneous Amendments
Legal Authority: 15 U.S.C. 694b
Abstract: This rule will change the regulations for SBA's Surety
Bond Guarantee Program in four areas. First, as a condition for
participating in the Prior Approval and Preferred Programs, the rule
will clarify that a Surety must directly employ underwriting and claims
staffs sufficient to perform and manage these functions, and final
settlement authority for claims and recovery is vested only in salaried
employees of the Surety. Second, the rule will provide that all costs
incurred by the Surety's salaried claims staff are ineligible for
reimbursement by SBA, but the Surety may seek reimbursement for amounts
paid for specialized services that are provided by outside consultants
in connection with the processing of a claim. Third, the rule will
modify the criteria for determining when a Principal that caused a Loss
to SBA is ineligible for a bond guaranteed by SBA. Fourth, the rule
will modify the criteria for admitting Sureties to the Preferred Surety
Bond Guarantee Program by increasing the Surety's underwriting
limitation, as certified by the U.S. Treasury Department on its list of
acceptable sureties, from at least $2 million to at least $6.5 million.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
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NPRM................................ 04/14/15 80 FR 19886
NPRM Comment Period End............. 06/15/15
Final Rule.......................... 11/00/15
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barbara J. Brannan, Management Analyst, Office of
Surety Guarantees, Small Business Administration, Washington, DC 20416,
Phone: 202 205-6545, Email: [email protected].
RIN: 3245-AG70
SMALL BUSINESS ADMINISTRATION (SBA)
Long-Term Actions
402. 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, certified 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
------------------------------------------------------------------------
NPRM................................ 11/00/16
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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
403. Record Disclosure and Privacy
Legal Authority: 5 U.S.C. 301, 552 and 552(a); 31 U.S.C. 9701; 44
U.S.C. 3501 et seq.et seq.; E.O. 12600; 52 FR 23781
Abstract: SBA proposes to amend its Record Disclosure and Privacy
regulations to implement the Openness Promotes Effectiveness in our
National Government Act. The amendments, among other things, will
update the Agency's Freedom of Information Act regulations to adjust
the time for the public to submit an appeal of SBA's decision regarding
a request for information, correct an obsolete address and provide
applicable Web site addresses, and clarify the definition of news media
for purposes of assessing processing fees.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/16
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Linda M. DiGiandomenico, Phone: 202 401-8206,
Email: [email protected].
RIN: 3245-AG52
SMALL BUSINESS ADMINISTRATION (SBA)
Completed Actions
404. 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.
Completed:
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Reason Date FR Cite
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Merged With 3245-AF99............... 08/20/15
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Regulatory Flexibility Analysis Required: Yes.
[[Page 78046]]
Agency Contact: Dianna L. Seaborn, Phone: 202 205-3645, Email:
[email protected].
RIN: 3245-AF88
405. 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 provides 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 also requires the SBDC or PTAC issuing the advisory opinion to
remit a copy of the opinion to SBA for review, and established 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 also makes 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.
Completed:
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Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 02/11/15 80 FR 7533
Final Rule Effective................ 08/10/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brenda J. Fernandez, Phone: 202 205-7337, Email:
[email protected].
RIN: 3245-AG59
406. Women-Owned Small Business Federal Contract Program
Legal Authority: 15 U.S.C. 637(m); 15 U.S.C. 634(b)(6)
Abstract: Section 825 of the National Defense Authorization Act for
Fiscal Year 2015 (NDAA), Pub. L. 113-291, 128 Stat. 3292, Dec. 19,
2014, included language granting contracting officers the authority to
award sole source contracts to WOSBs and EDWOSBs. In order to implement
this statutory change, SBA is amending 13 CFR part 127 Subpart E by
incorporating the statutory language granting authority for sole source
contracts. If a contracting officer conducts market research in an
industry where a WOSB or EDWOSB set aside is authorized, and the
contracting officer cannot identify two or more WOSBs or EDWOSBs that
can perform at a fair and reasonable price, but identifies one WOSB or
EDWOSB that can perform at a fair and reasonable price, the contracting
officer will be able to award the contract on a sole source basis, if
the value of the contract, including options, does not exceed $6.5
million for manufacturing contracts and $4 million for all other
contracts. Section 825 of the NDAA also accelerated a statutory
deadline by two years for SBA to conduct a study to determine the
industries where WOSBs and EDWOSBs are substantially underrepresented
or underrepresented. SBA must complete the study by January, 2, 2016.
SBA also amended the regulatory definition of underrepresentation and
substantial underrepresentation to align the regulatory definition with
the more general statutory language and to ensure the agency can
conduct a study using relevant and reliable methodologies.
Completed:
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Reason Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/01/15 80 FR 24846
Final Rule.......................... 09/14/15 80 FR 55019
Final Rule Effective................ 10/14/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kenneth Dodds, Phone: 202 619-1766, Fax: 202 481-
2950, Email: [email protected].
RIN: 3245-AG72
[FR Doc. 2015-30665 Filed 12-14-15; 8:45 am]
BILLING CODE 8025-01-P