[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Unknown Section]
[Pages 37392-37398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12927]
[[Page 37391]]
Vol. 81
Thursday,
No. 111
June 9, 2016
Part XX
Small Business Administration
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Semiannual Regulatory Agenda
Federal Register / Vol. 81 , No. 111 / Thursday, June 9, 2016 /
Unified Agenda
[[Page 37392]]
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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 December 15, 2015, at 80 FR 78039. The Semiannual Agenda
of the SBA conforms to the Unified Agenda format developed by the
Regulatory Information Service Center. 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
those regulatory actions that are likely to have a significant economic
impact on a substantial number of small entities in their regulatory
flexibility agendas in the Federal Register. SBA's Regulatory Agenda
includes regulatory actions that are in the SBA's regulatory
flexibility agenda. Publication 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.
Maria Contreras-Sweet,
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
Center Program Revisions.
245....................... Miscellaneous Amendments 3245-AF85
to Surety Bond, 7(a), and
504 Regulations.
246....................... Immediate, Expedited, and 3245-AF99
Private Disaster
Assistance Loan Programs.
247....................... Office of Women Owned 3245-AG02
Business: Women's
Business Center Program.
248....................... Small Business HUBZone 3245-AG38
Program; Government
Contracting Programs;
Office of Hearings and
Appeals.
249....................... Record Disclosure and 3245-AG52
Privacy.
250....................... Small Business Timber Set- 3245-AG69
Aside Program.
251....................... Women-Owned Small Business 3245-AG75
and Economically
Disadvantaged Women-Owned
Small Business--
Certification.
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Small Business Administration--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
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252....................... Small Business Mentor 3245-AG24
Prot[eacute]g[eacute]
Programs.
253....................... Agent Revocation and 3245-AG40
Suspension Procedures.
254....................... Small Business Government 3245-AG58
Contracting and National
Defense Authorization Act
of 2013 Amendments.
255....................... Small Business Investment 3245-AG66
Company (SBIC) Program--
Impact SBICs.
256....................... Small Business Investment 3245-AG67
Companies; Passive
Business Expansion &
Technical Clarifications.
257....................... Credit for Lower Tier 3245-AG71
Small Business
Subcontracting.
258....................... Affiliation for Business 3245-AG73
Loan Programs and Surety
Bond Guarantee Program.
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Small Business Administration--Long-Term Actions
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Regulation
Sequence No. Title Identifier No.
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259....................... 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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260....................... Small Business Size 3245-AG49
Standards: Employee Based
Size Standards in
Wholesale Trade and
Retail Trade.
261....................... Small Business Size 3245-AG50
Standards for
Manufacturing.
[[Page 37393]]
262....................... Small Business Size 3245-AG51
Standards: Industries
With Employee Based Size
Standards Not Part of
Manufacturing, Wholesale
Trade, or Retail Trade.
263....................... Small Business Size 3245-AG60
Standards: Inflation
Adjustment to Monetary
Based Size Standards.
264....................... Surety Bond Guarantee 3245-AG70
Program; Miscellaneous
Amendments.
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SMALL BUSINESS ADMINISTRATION (SBA)
Proposed Rule Stage
244. 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 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................................ 10/00/16 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Victoria Mundt, Acting Deputy Associate
Administrator, Office of Small Business Development Centers, Small
Business Administration, 409 Third Street SW., Washington, DC 20416,
Phone: 202 205-7176, Email: [email protected].
RIN: 3245-AE05
245. Miscellaneous Amendments to Surety Bond, 7(A), and 504 Regulations
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. SBA plans to propose several other miscellaneous
amendments to improve oversight and operations of its finance programs.
This rule proposes to make four 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. Second,
the change would require sureties to submit quarterly contract
completion reports. Third, SBA proposes to increase the eligible
contract limit for the Quick Bond Application and Agreement from
$250,000 to $400,000. Finally, SBA proposes to increase the guarantee
percentage in the Preferred Surety Bond program to reflect the
statutory change made by the National Defense Authorization Act of
2016. The guarantee percentage will increase from 70% to 80% or 90%,
depending on contract size and socioeconomic factors currently in
effect in the Prior Approval Program.
Timetable:
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Action Date FR Cite
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NPRM................................ 05/00/16
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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-AF85
246. Immediate, Expedited, and Private Disaster Assistance Loan
Programs
Legal Authority: 15 U.S.C. 636(c); 15 U.S.C. 636j; 15 U.S.C. 657n
Abstract: Through this advanced notice of proposed rulemaking, SBA
solicited 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................................ 09/00/16
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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
247. Office of Women Owned Business: Women's Business Center Program
Legal Authority: 15 U.S.C. 656
Abstract: SBA's Office of Women's Business Ownership (OWBO)
oversees a network of SBA-funded Women's Business Centers (WBCs)
throughout the United States and its territories. WBCs provide
management and technical assistance to small business concerns both
nascent and established, with a focus on such businesses that are owned
[[Page 37394]]
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................................ 09/00/16
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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
248. Small Business Hubzone Program; Government Contracting Programs;
Office of Hearings and Appeals
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................................ 10/00/16 .......................
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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
249. 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.; 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:
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Action Date FR Cite
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NPRM................................ 11/00/16
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Laura Magere, Director, Freedom of Information Act
Office, Small Business Administration, 409 Third Street SW.,
Washington, DC 20416, Phone: 202 205-6837, Email: [email protected].
RIN: 3245-AG52
250. 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
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ANPRM............................... 03/25/15 80 FR 15697
ANPRM Comment Period End............ 05/26/15
NPRM................................ 06/00/16
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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
251. 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:
[[Page 37395]]
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Action Date FR Cite
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ANPRM............................... 12/18/15 80 FR 78984
ANPRM Comment Period End............ 02/16/16
NPRM................................ 10/00/16
------------------------------------------------------------------------
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-AG75
SMALL BUSINESS ADMINISTRATION (SBA)
Final Rule Stage
252. Small Business Mentor Prot[eacute]g[eacute] Programs
Legal Authority: Pub. L. 111-240; sec 1347; 15 U.S.C. 657r
Abstract: The U.S. Small Business Administration (SBA or Agency) is
amending its regulations to implement provisions of the Small Business
Jobs Act of 2010 and the National Defense Authorization Act for Fiscal
Year 2013. Based on authorities provided in these two statutes, the
rule will establish a Government-wide mentor-prot[eacute]g[eacute]
program for all small business concerns, consistent with SBA's mentor-
prot[eacute]g[eacute] program for Participants in SBA's 8(a) Business
Development (BD) program. The rule will also make minor changes to the
mentor-prot[eacute]g[eacute] provisions for the 8(a) Business
Development program in order to make the mentor-prot[eacute]g[eacute]
rules for each of the programs as consistent as possible. The rule will
amend the current joint venture provisions to clarify the conditions
for creating and operating joint venture partnerships, including the
effect of such partnerships on any mentor-prot[eacute]g[eacute]
relationships. Finally, the rule will make several additional changes
to current size, 8(a) Office of Hearings and Appeals or HUBZone
regulations, concerning among other things, ownership and control,
changes in primary industry, standards of review and interested party
status for some appeals.
Timetable:
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Action Date FR Cite
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NPRM................................ 02/05/15 80 FR 6618
NPRM Comment Period End............. 04/06/15
NPRM Comment Period Extension....... 04/07/15 80 FR 18556
NPRM Comment Period End............. 05/06/15
Final Rule.......................... 06/00/16
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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-AG24
253. 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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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
254. 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 U.S. Small Business Administration (SBA or Agency) is
amending its regulations to implement provisions of the National
Defense Authorization Act of 2013, which pertain to performance
requirements applicable to small business and socioeconomic program set
aside contracts and small business subcontracting. SBA will make
changes to its regulations concerning the nonmanufacturer rule and
affiliation rules. Further, SBA will allow a joint venture to qualify
as small for any government procurement as long as each partner to the
joint venture qualifies individually as small under the size standard
corresponding to the NAICS code assigned in the solicitation.
Timetable:
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Action Date FR Cite
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NPRM................................ 12/29/14 79 FR 77955
NPRM Comment Period End............. 02/27/15
NPRM Comment Period Reopened........ 03/09/15 80 FR 12353
Second NPRM Comment Period End...... 04/06/15
Final Rule.......................... 05/00/16
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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
255. Small Business Investment Company (SBIC) Program--Impact SBICS
Legal Authority: 15 U.S.C. 681
Abstract: This rule establishes a regulatory structure for the SBIC
Programs Impact Investment Fund, which is currently being implemented
through a policy memorandum to interested applicants. The rule
establishes in the regulations a new type of SBIC license called the
Impact SBIC license and will include application and examination fee
considerations to incentivize Impact Investment Fund participation.
Impact SBICs may also be able to access Early Stage leverage on the
same terms as Early Stage SBICs without applying through the Early
Stage call process defined in 107.310. This will allow Impact SBICs
with early stage strategies to apply for the program. The new license
will be available to investment funds that meet the SBIC Programs
licensing qualifications and commit to invest at least 50 percent of
their invested capital in impact
[[Page 37396]]
investments as defined in the rule. The rule would also outline
reporting and performance measures for licensed funds to maintain
Impact Investment Fund designation. The goal of the Impact Investment
Fund is to support small business investment strategies that maximize
financial returns while also yielding enhanced social environmental or
economic impacts as part of the SBIC Programs overall effort to
supplement the flow of private equity and long-term loan funds to small
businesses whose capital needs are not being met.
Timetable:
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Action Date FR Cite
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NPRM................................ 02/03/16 81 FR 5666
NPRM Comment Period End............. 03/04/16
Final Rule.......................... 09/00/16
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Nate T. Yohannes, Senior Advisor, Office of
Investments, Small Business Administration, 409 Third Street SW.,
Washington, DC 20416, Phone: 202 205-6714, Email:
[email protected].
RIN: 3245-AG66
256. Small Business Investment Companies; Passive Business Expansion
and Technical Clarifications
Legal Authority: 15 U.S.C. 681 et seq.
Abstract: The SBA is revising the regulations for the Small
Business Investment Company (SBIC) program to further expand the use of
Passive Businesses and provide needed 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 is
simplifying 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 rule, SBA
will also make technical corrections and clarifications, including
conforming the regulation to the new ``family of funds'' statutory
provision.
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
257. 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) is
amending its regulations to implement Section 1614 of the National
Defense Authorization Act (NDAA) of 2014, Public Law 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.......................... 09/00/16
------------------------------------------------------------------------
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
258. Affiliation for Business Loan Programs and Surety Bond Guarantee
Program
Legal Authority: 15 U.S.C. 634(b)(6)
Abstract: The U.S. Small Business Administration (SBA) has
determined that changing conditions in the American economy and a
constantly evolving small business community compel it to seek ways to
improve program efficiency for its Surety Bond Guarantee (SBG) Program,
and the business loan programs consisting of the 7(a) Loan Program, the
Business Disaster Loan Programs (the Economic Injury Disaster Loans,
Reservist Injury Disaster Loans, Physical Disaster Business Loans,
Immediate Disaster Assistance Program loans), the Microloan Program,
and the Development Company Program (the 504 Loan Program). As a
result, SBA is simplifying guidelines for determining affiliation for
eligibility based on size as it relates to these programs. This rule
would redefine affiliation for all five Programs, thereby simplifying
eligibility determinations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/02/15 80 FR 59667
NPRM Comment Period End............. 12/01/15
Final Rule.......................... 07/00/16
------------------------------------------------------------------------
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-AG73
SMALL BUSINESS ADMINISTRATION (SBA)
Long-Term Actions
259. 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
[[Page 37397]]
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................................ To Be Determined
------------------------------------------------------------------------
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
260. Small Business Size Standards: Employee Based Size Standards in
Wholesale Trade and Retail Trade
Legal Authority: 15 U.S.C. 632(a)
Abstract: The U.S. Small Business Administration (SBA) published a
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 revisions 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.
Completed:
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Reason Date FR Cite
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Final Rule.......................... 01/25/16 81 FR 3941
Final Rule Effective................ 02/26/16
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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-AG49
261. Small Business Size Standards for Manufacturing
Legal Authority: 15 U.S.C. 632(a)
Abstract: This rule increases employee based size standards for 209
industries in North American Industry Classification System (NAICS)
Section 31-33, Manufacturing. SBA also increases 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 eliminates 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.
Completed:
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Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 01/26/16 81 FR 4469
Final Rule Effective................ 02/26/16
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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-AG50
262. 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 increases 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.
Completed:
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Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 01/26/16 81 FR 4436
Final Rule Effective................ 02/26/16
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Khem Raj Sharma, Phone: 202 205-7189, Fax: 202 205-
6390, Email: [email protected].
RIN: 3245-AG51
263. Small Business Size Standards: Inflation Adjustment to Monetary
Based Size Standards
Legal Authority: 15 U.S.C. 632(a)
Abstract: SBA issued a final rule with 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
[[Page 37398]]
since the last inflation adjustment. The final rule aims 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) 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.
Completed:
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Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 01/25/16 81 FR 3949
Final Rule Effective................ 01/25/16
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Khem Raj Sharma, Phone: 202 205-7189, Fax: 202 205-
6390, Email: [email protected].
RIN: 3245-AG60
264. 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.
Completed:
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Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 04/22/16 81 FR 23563
Final Rule Effective................ 05/23/16
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barbara J. Brannan, Phone: 202 205-6545, Email:
[email protected].
RIN: 3245-AG70
[FR Doc. 2016-12927 Filed 6-8-16; 8:45 am]
BILLING CODE 8025-01-P