, 21889-21897 [2010-8943]

Agencies

• SMALL BUSINESS ADMINISTRATION

[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Unknown Section]
[Pages 21889-21897]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8943]


[[Page 21889]]

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Part XVI





Small Business Administration





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###Semiannual Regulatory Agenda###

[[Page 21890]]

SMALL BUSINESS ADMINISTRATION (SBA)

_______________________________________________________________________

SMALL BUSINESS ADMINISTRATION

13 CFR Ch. I

Semiannual Regulatory Agenda

AGENCY: U.S. Small Business Administration (SBA).

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: The Regulatory Flexibility Act (RFA) and Executive Order 12866 
require each agency to publish semiannually a regulatory agenda 
(agenda) that includes an inventory of all current and projected 
rulemakings, including regulations the agency expects to develop during 
the next 12 months and regulations completed since the last publication 
of the agency's agenda. SBA is publishing this agenda to provide the 
public with notice about SBA's regulatory activities and to provide 
specific information about those activities. This information will 
promote the public's participation in SBA's regulatory activities.

FOR FURTHER INFORMATION CONTACT: For additional information about 
specific regulatory actions listed in the agenda, you should direct 
your comments and inquiries to the appropriate agency contact 
identified in each entry. For general information about the agenda, you 
should direct your comments or inquiries to Martin ``Sparky'' Conrey, 
Assistant General Counsel for Legislation and Appropriations, U.S. 
Small Business Administration, 409 Third Street SW., Washington, DC 
20416, (202) 619-0638, martin.conrey@sba.gov.

SUPPLEMENTARY INFORMATION: This agenda announces the proposed 
regulatory actions that SBA plans for the next 12 months and those that 
were completed since the fall 2009 edition of the agenda. As permitted 
by law, SBA is combining the publication of its agenda as required by 
statute and Executive order and conforming them to the Unified Agenda 
of Federal Regulatory and Deregulatory Actions format developed by the 
Regulatory Information Service Center.

    The purpose of the agenda is to provide information to the 
public on regulations currently under review, being proposed, 
completed, or withdrawn by SBA. Accordingly, rulemaking action in 
SBA's agenda is grouped according to its stage of development. The 
stages of development are prerulemaking, proposed rules, final 
rules, and rulemaking actions completed since the fall 2009 agenda. 
The agenda is intended to facilitate comments and views by 
interested members of the public. SBA encourages public 
participation in its rulemaking process through various media 
including www.regulations.gov. This website allows SBA to place 
rules on the website and receive public comments through that 
medium. SBA also provides a link from www.sba.gov to that website.

    SBA's regulations promote statutory mandates and Presidential 
directives, and are linked to SBA's goals to improve the economic 
environment for small business; drive business formation, job 
growth, and economic expansion, particularly in underserved 
markets; provide financial assistance to individuals and businesses 
affected by disaster; and operate and manage SBA's programs and 
resources efficiently and effectively.

    Publication of proposed rulemaking actions in the agenda does 
not impose any obligation on SBA to take any final action with 
regard to any specific item. Furthermore, SBA is not precluded from 
rulemaking activities that are not listed in this agenda. The dates 
listed in the timetables for specific actions are estimates and not 
commitments to act on or by the particular date.

    The complete Unified Agenda will be available online at 
www.reginfo.gov in a format that offers users a greatly enhanced 
ability to obtain information from the Agenda database. Publication 
in the Federal Register is mandated for the regulatory flexibility 
agendas required by the Regulatory Flexibility Act (5 U.S.C. 602). 
SBA's printed agenda entries include rules that would be in the 
Agency's regulatory flexibility agenda, in accordance with the 
Regulatory Flexibility Act, 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: March 2, 2010.

 Karen G. Mills,

Administrator.

                               Small Business Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
279         SBA Express Loan Program..............................................................    3245-AF85
280         Implementation of Energy Independence and Security Act of 2007........................    3245-AF86
281         Implementation of Military Reservist and Veteran Small Business Reauthorization and       3245-AF87
            Opportunity Act of 2008...............................................................
282         Implementation of Small Business Disaster Response and Loan Improvement Act of 2008:      3245-AF88
            Expedited Disaster Assistance Program.................................................
283         Implementation of Small Business Disaster Response and Loan Improvement Act of 2008:      3245-AF99
            Private Loan Disaster Program.........................................................
284         Women's Business Center Program.......................................................    3245-AG02
285         Interest Rate--Resetting Fixed Interest Rate..........................................    3245-AG03
286         504 Program Governance Regulations....................................................    3245-AG04
287         Small Business Size Standards for Loan, Investment, and Surety Programs...............    3245-AG05
288         Women-Owned Small Business Federal Contract Program...................................    3245-AG06
289         Small Business Size Standards: Professional, Scientific and Technical Services........    3245-AG07

[[Page 21891]]

 
290         Small Business Size Standards: Transportation and Warehousing Industries..............    3245-AG08
----------------------------------------------------------------------------------------------------------------


                                 Small Business Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
291         Lender Oversight Program..............................................................    3245-AE14
292         8(a) Business Development.............................................................    3245-AF53
293         Small Business, Small Disadvantaged Business, HUBZone, and Service-Disabled Veteran-      3245-AF65
            Owned Protest and Appeal Regulations..................................................
294         Small Business Size Standards: Retail Trade Industries................................    3245-AF69
295         Small Business Size Standards: Other Services.........................................    3245-AF70
296         Small Business Size Standards: Accommodations and Food Service Industries.............    3245-AF71
297         Implementation of Small Business Disaster Response and Loan Improvement Act of 2008:      3245-AG00
            Immediate Disaster Assistance Program.................................................
----------------------------------------------------------------------------------------------------------------


                                Small Business Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
298         Small Business Development Centers (SBDC) Program Revisions...........................    3245-AE05
----------------------------------------------------------------------------------------------------------------


                                Small Business Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
299         Women-Owned Small Business Federal Contract Assistance Procedures--Eligible Industries    3245-AF80
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________
Small Business Administration (SBA)                 Proposed Rule Stage

_______________________________________________________________________

279. SBA EXPRESS LOAN PROGRAM

Legal Authority: 15 USC 636(a)(31)

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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Grady Hedgespeth, Director, Office of Financial 
Assistance, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-7562
Email: grady.hedgespeth@sba.gov.

RIN: 3245-AF85
_______________________________________________________________________

280. IMPLEMENTATION OF ENERGY INDEPENDENCE AND SECURITY ACT OF 2007

Legal Authority: 15 USC 636(a)(32)

Abstract: SBA plans to issue regulations to implement the small 
business energy provisions in the Energy Independence and Security Act 
of 2007. The new regulations will provide guidance on several program 
changes, including larger 504 loan limits to help small businesses 
develop energy efficient technologies, investments in energy saving 
small businesses, and an energy saving debenture program.

[[Page 21892]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: James W. Hammersley, Deputy Assistant Administrator, 
Office of Policy and Strategic Planning, Small Business Administration, 
409 Third Street SW, Washington, DC 20416
Phone: 202 205-6490
Email: james.hammersley@sba.gov

RIN: 3245-AF86
_______________________________________________________________________

281. IMPLEMENTATION OF MILITARY RESERVIST AND VETERAN SMALL BUSINESS 
REAUTHORIZATION AND OPPORTUNITY ACT OF 2008

Legal Authority: 15 USC 632(q); 15 USC 636(j)

Abstract: SBA plans to issue regulations to implement section 205 of 
the Military Reservist and Veteran Small Business Reauthorization and 
Opportunity Act. This Act provides that any time limitation on any 
qualification, certification, or period of participation imposed under 
the Small Business Act on any program that is available to small 
business concerns shall be extended for a small business concern that 
is owned and controlled by a veteran who was called or ordered to 
active duty or a service-disabled veteran who became such a veteran due 
to an injury or illness incurred or aggravated in the active military 
duty. These regulations will provide guidance on tolling of time 
limitations for veteran-owned small businesses.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Dean R. Koppel, Assistant Director, Office of Policy 
and Research, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-7322
Fax: 202 481-1540
Email: dean.koppel@sba.gov

RIN: 3245-AF87
_______________________________________________________________________

282. IMPLEMENTATION OF SMALL BUSINESS DISASTER RESPONSE AND LOAN 
IMPROVEMENT ACT OF 2008: EXPEDITED DISASTER ASSISTANCE PROGRAM

Legal Authority: 15 USC 636(j)

Abstract: This proposed rule would establish and implement an expedited 
disaster assistance business loan program under which the SBA will 
guarantee short-term loans made by private lenders to eligible small 
businesses located in a catastrophic disaster area. The maximum loan 
amount is $150,000, and SBA will guarantee timely payment of principal 
and interest to the lender. The maximum loan term is 180 days, and the 
interest rate is limited to 300 basis points over the Federal funds 
rate.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: James E. Rivera, Associate Administrator for Disaster 
Assistance, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 619-0005
Fax: 202 205-7728
Email: james.rivera@sba.gov

RIN: 3245-AF88
_______________________________________________________________________

283. IMPLEMENTATION OF SMALL BUSINESS DISASTER RESPONSE AND LOAN 
IMPROVEMENT ACT OF 2008: PRIVATE LOAN DISASTER PROGRAM

Legal Authority: 15 USC 636

Abstract: This proposed rule would establish and implement a private 
disaster loan program under which SBA will guarantee loans made by 
qualified lenders to eligible small businesses and homeowners located 
in a catastrophic disaster area. Private disaster loans made under this 
programs will have the same terms and conditions as SBA's direct 
disaster loans. In addition, SBA will guarantee timely payment of 
principal and interest to the lender. SBA may guarantee up to 85 
percent of any loan under this program and the maximum loan amount is 
$2 million.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: James E. Rivera, Associate Administrator for Disaster 
Assistance, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 619-0005
Fax: 202 205-7728
Email: james.rivera@sba.gov

RIN: 3245-AF99
_______________________________________________________________________

284. WOMEN'S BUSINESS CENTER PROGRAM

Legal Authority: 15 USC 656

Abstract: SBA plans to issue regulations for the Women's Business 
Center (WBC) Program. The WBC provides financial assistance to 
organizations that provide management and technical assistance to small 
business concerns owned and controlled by women, and to women wishing 
to start a small business. The purpose of this proposed rule is to 
codify a framework for the development, delivery, funding and 
measurement of management and technical assistance projects conducted 
by Women's Business Center program grantees.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Ana Harvey, Assistant Administrator, Office of Women's 
Business Ownership, Small Business Administration, 409 3rd Street SW, 
Washington, DC 20416
Phone: 202 205-6677
Email: ana.harvey@sba.gov

RIN: 3245-AG02
_______________________________________________________________________

285. INTEREST RATE--RESETTING FIXED INTEREST RATE

Legal Authority: 15 USC 634

Abstract: SBA currently offers either a fixed or variable interest rate 
for 7(a) loans. In addition to these rates, the Agency is working to 
develop a shorter term fixed interest rate with the ability to be re-
set at periodic intervals. This

[[Page 21893]]

type of rate is currently available in the commercial market place and 
will help provide additional options for small business borrowers. By 
authorizing this option, SBA is recognizing a need to allow lenders to 
utilize market opportunities. For example, SBA recently revised its 
rules to allow the use of LIBOR.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Grady Hedgespeth, Director, Office of Financial 
Assistance, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-7562
Email: grady.hedgespeth@sba.gov.

RIN: 3245-AG03
_______________________________________________________________________

286. 504 PROGRAM GOVERNANCE REGULATIONS

Legal Authority: 15 USC 695 et seq

Abstract: The Small Business Investment Act of 1958 (the ``Act'') 
authorizes SBA to assist development company financings of small 
businesses in order to foster economic development and to create or 
preserve job opportunities in both urban and rural areas. SBA intends 
to propose a regulatory framework by analyzing the best CDC structure 
to improve the growth of CDC's and their ability to provide capital to 
small businesses by reducing the regulatory burden while maintaining 
appropriate controls to mitigate risk, and to encourage the expansion 
of CDC financings into communities not currently served. As part of 
this project, SBA will review existing regulations to determine what 
will be deleted or amended based upon the proposed regulatory 
framework. Also, SBA will review existing CDC loan program regulations 
unrelated to CDC corporate governance to identify any needed technical 
changes and appropriate clarifications.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Grady Hedgespeth, Director, Office of Financial 
Assistance, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-7562
Email: grady.hedgespeth@sba.gov.

RIN: 3245-AG04
_______________________________________________________________________

287. SMALL BUSINESS SIZE STANDARDS FOR LOAN, INVESTMENT, AND SURETY 
PROGRAMS

Legal Authority: 15 USC 632, 634(b)(6), 636(b), 637, 644, 662(5); PL 
105-135, sec. 401 et seq.

Abstract: SBA currently sets different size standards for participation 
in its financial assistance programs. 7(a) borrowers use the standards 
set out for procurement programs or a temporary alternate standard; 504 
borrowers may use the 7(a) standards or an alternate standard; SBIC 
investment may be made to small businesses that qualify through another 
standard; and Surety Bond program participants must meet still 
different requirements. As part of an overall Agency program, SBA will 
review financial program eligibility regulations in order to update 
size eligibility requirements among these programs.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Khem Sharma, Division Chief, Division of Size 
Standards, Office of Government Contracting/Business Development, Small 
Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-7189
Fax: 202 205-6390
Email: khem.sharma@sba.gov

RIN: 3245-AG05
_______________________________________________________________________

288. WOMEN-OWNED SMALL BUSINESS FEDERAL CONTRACT PROGRAM

Legal Authority: 15 USC 637(m)

Abstract: This proposed rule will establish regulations to implement 
the Women-Owned Small Business (WOSB) Federal Contract Assistance 
Program, authorized under section 8(m) of the Small Business Act. 
Section 8(m) was enacted as part of Public Law 106-554 to provide a 
targeted procurement mechanism to assist Federal agencies in achieving 
the statutory goal of 5 percent for contracting with WOSBs. In 
accordance with section 8(m), the new regulations would authorize 
contracting officers to restrict competition to eligible WOSBs for 
certain Federal contracts in industries in which SBA has determined 
that WOSBs are underrepresented or substantially underrepresented in 
Federal procurement. Also consistent with section 8(m), the authority 
to restrict competition would be limited to contracts not exceeding $3 
million, or $5 million in the case of manufacturing contracts. In 
implementing section 8(m) the proposed regulations would further 
provide: the eligible industries in which WOSBs are underrepresented or 
substantially underrepresented; the specific eligibility requirements 
for WOSBs to qualify for program participation; the procedures for 
concerns to certify their eligibility; the process for SBA to verify 
the continuing WOSB eligibility; the contractual and business 
development assistance available under the program; the relevant 
protest and appeal procedures; and the applicable penalties.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/04/10                    75 FR 10030
NPRM Comment Period End         05/03/10
Final Action                    10/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Dean R. Koppel, Assistant Director, Office of Policy 
and Research, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-7322
Fax: 202 481-1540
Email: dean.koppel@sba.gov

RIN: 3245-AG06
_______________________________________________________________________

289.  SMALL BUSINESS SIZE STANDARDS: PROFESSIONAL, 
SCIENTIFIC AND TECHNICAL SERVICES

Legal Authority: 15 USC 632(a)

Abstract: The U.S. Small Business Administration (SBA) proposes to 
modify small business size standards for industries in the North 
American Industry Classification System (NAICS)

[[Page 21894]]

Sector 54, Professional, Scientific and Technical Services. As part of 
its ongoing initiative to review all size standards, SBA will evaluate 
each industry in Sector 54 to determine whether the existing size 
standards should be retained or revised. This is one of a series of 
proposed rules that will examine industries grouped by an NAICS Sector. 
SBA has applied its ``Size Standards Methodology,'' which is available 
on its website at https://www.sba.gov/size, to this proposed rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Khem Raj Sharma, Chief, Office of Size Standards, Small 
Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6390
Fax: 202 205-6390
Email: khem.sharma@sba.gov

RIN: 3245-AG07
_______________________________________________________________________

290.  SMALL BUSINESS SIZE STANDARDS: TRANSPORTATION 
AND WAREHOUSING INDUSTRIES

Legal Authority: 15 USC 632(a)

Abstract: The U.S. Small Business Administration (SBA) proposes to 
modify small business size standards for industries in the North 
American Industry Classification System (NAICS) Sector 48-49, 
Transportation and Warehousing Industries. As part of its ongoing 
initiative to review all size standards, SBA will evaluate each 
industry in Sector 48-49 to determine whether the existing size 
standards should be retained or revised. This is one of a series of 
proposed rules that will examine industries grouped by an NAICS Sector. 
SBA has applied its ``Size Standards Methodology,'' which is available 
on its website at https://www.sba.gov/size, to this proposed rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Khem Sharma, Division Chief, Division of Size 
Standards, Office of Government Contracting/Business Development, Small 
Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-7189
Fax: 202 205-6390
Email: khem.sharma@sba.gov

RIN: 3245-AG08
_______________________________________________________________________
Small Business Administration (SBA)                    Final Rule Stage

_______________________________________________________________________

291. LENDER OVERSIGHT PROGRAM

Legal Authority: 15 USC 634(5)(b)(6),(b)(7),(b)(14),(h) and note; 
687(f),697(e)(c)(8), and 650.

Abstract: This rule implements the Small Business Administration's 
(SBA) statutory authority under the Small Business Reauthorization and 
Manufacturing Assistance Act of 2004 (Reauthorization Act) to regulate 
Small Business Lending Companies (SBLCs) and non-federally regulated 
lenders (NFRLs). It also conforms SBA rules for the section 7(a) 
Business Loan Program and the Certified Development Company (CDC) 
Program.
In particular, this rule: (1) Defines SBLCs and NFRLs; (2) clarifies 
SBA's authority to regulate SBLCs and NFRLs; (3) authorizes SBA to set 
certain minimum capital standards for SBLCs, to issue cease and desist 
orders, and revoke or suspend lending authority of SBLCs and NFRLs; (4) 
establishes the Bureau of Premier Certified Lender Program Oversight in 
the Office of Credit Risk management; (5) transfers existing SBA 
enforcement authority over CDCs from the Office of Financial Assistance 
to the appropriate official in the Office of Capital Access; and (6) 
defines SBA's oversight and enforcement authorities relative to all SBA 
lenders participating in the 7(a) and CDC programs and intermediaries 
in the Microloan program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/31/07                    72 FR 61752
NPRM Comment Period Extended    12/20/07                    72 FR 72264
NPRM Comment Period End         02/29/08
Interim Final Rule              12/11/08                    73 FR 75498
Interim Final Rule Comment 
Period End                      03/11/09
Interim Final Rule Effective    01/12/09
Final Action                    08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Bryan Hooper, Director, Office of Credit Risk 
Management, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-3049
Fax: 202 205-6831
Email: bryan.hooper@sba.gov

RIN: 3245-AE14
_______________________________________________________________________

292. 8(A) BUSINESS DEVELOPMENT

Legal Authority: 15 USC 634(b)(6), 636(j), 637(a) and (d)

Abstract: This rule proposes to make a number of changes to the 
regulations governing the 8(a) Business Development (8(a) BD) Program 
and several changes to SBA's size regulations. Some of the changes 
involve technical issues, such as changing the term ``SIC code'' to 
``NAICS code'' to reflect the national conversion to the North American 
Industry Classification System. SBA has learned through experience that 
certain of its rules governing the 8(a) BD program are too restrictive 
and serve to unfairly preclude firms from being admitted to the 
program. In other cases, SBA has determined that a rule is too 
expansive or indefinite and has sought to restrict or clarify that 
rule. Changes are also being proposed to correct past public or agency 
misinterpretation. Also, new situations have arisen that were not 
anticipated when the current rules were drafted and the proposed rule 
seeks to cover those situations. Finally, one of the changes, involving 
Native Hawaiian Organizations, implements recently enacted legislation.

[[Page 21895]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/28/09                    74 FR 55694
NPRM Comment Period End         12/28/09
NPRM Comment Period Extended    12/09/09                    74 FR 65040
Hearing; Tribal Consultation    12/07/09                    74 FR 64026
Hearing                         12/14/09                    74 FR 66176
Hearing                         01/11/10                     75 FR 1296
NPRM Comment Period End         01/28/10
Final Action                    08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Joe Loddo, Associate Administrator, Office of Business 
Development, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-7550
Email: joe.loddo@sba.gov

RIN: 3245-AF53
_______________________________________________________________________

293. SMALL BUSINESS, SMALL DISADVANTAGED BUSINESS, HUBZONE, AND SERVICE-
DISABLED VETERAN-OWNED PROTEST AND APPEAL REGULATIONS.

Legal Authority: 15 USC 632; 15 USC 634

Abstract: SBA is proposing to standardize protest and appeal 
regulations across all small business programs and clarify the effect 
of a negative determination on the procurement in question. SBA's 
proposed rule will clarify that an award should not be made to an 
ineligible concern, and in cases where an award has been made prior to 
an SBA final decision finding a business to be ineligible, the 
contracting agency shall either terminate the contract, not exercise an 
option, or not award further task or delivery orders to the ineligible 
concern. SBA is also proposing to clarify how contracting officers 
select NAICS codes for multiple award task and delivery order 
contracts. The changes recommended were prompted by recent bid protest 
litigation, a survey of cases handled by SBA's Government Contracting 
Area Offices, and recent rulings by SBA's Office of Hearings and 
Appeals.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/01/10                     75 FR 9129
NPRM Comment Period End         03/31/10
Final Action                    08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Khem Sharma, Division Chief, Division of Size 
Standards, Office of Government Contracting/Business Development, Small 
Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-7189
Fax: 202 205-6390
Email: khem.sharma@sba.gov

RIN: 3245-AF65
_______________________________________________________________________

294. SMALL BUSINESS SIZE STANDARDS: RETAIL TRADE INDUSTRIES

Legal Authority: 15 USC 632(a)

Abstract: The U.S. Small Business Administration (SBA) proposes to 
increase small business size standards for 48 industries in North 
American Industry Classification System (NAICS) Sector 44-45, Retail 
Trade, and retain the current standards for the remaining 28 industries 
in the Sector. As part of its ongoing initiative to review all size 
standards, SBA has evaluated each industry in Sector 44-45 to determine 
whether the existing size standards should be retained or revised. This 
proposed rule is one of a series of proposals that will examine 
industries grouped by an NAICS Sector. SBA has established its ``Size 
Standards Methodology'' available on SBA's Web site at https://
www.sba.gov/size. SBA has applied its ``Size Standards Methodology'' to 
this proposed rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/21/09                    74 FR 53924
NPRM Comment Period End         12/21/09
Final Action                    08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Khem Sharma, Division Chief, Division of Size 
Standards, Office of Government Contracting/Business Development, Small 
Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-7189
Fax: 202 205-6390
Email: khem.sharma@sba.gov

RIN: 3245-AF69
_______________________________________________________________________

295. SMALL BUSINESS SIZE STANDARDS: OTHER SERVICES

Legal Authority: 15 USC 632(a)

Abstract: The U.S. Small Business Administration (SBA) proposes to 
increase the small business size standards for 18 industries in North 
American Industry Classification System (NAICS) Sector 81, Other 
Services, and retain the current standards for the remaining 30 
industries in the Sector. As part of its ongoing initiative to review 
all size standards, SBA has evaluated each industry in Sector 81 to 
determine whether the existing size standards should be retained or 
revised. This proposed rule is one of a series of proposals that will 
examine industries grouped by an NAICS Sector. SBA has established its 
``Size Standards Methodology'' available on SBA's website at https://
www.sba.gov/size. SBA has applied its ``Size Standards Methodology'' to 
this proposed rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/21/09                    74 FR 53941
NPRM Comment Period End         12/21/09
Final Action                    08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Khem Sharma, Division Chief, Division of Size 
Standards, Office of Government Contracting/Business Development, Small 
Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-7189
Fax: 202 205-6390
Email: khem.sharma@sba.gov

RIN: 3245-AF70
_______________________________________________________________________

296. SMALL BUSINESS SIZE STANDARDS: ACCOMMODATIONS AND FOOD SERVICE 
INDUSTRIES

Legal Authority: 15 USC 632(a)

Abstract: The U.S. Small Business Administration (SBA) proposes to 
increase small business size standards for five industries in North 
American Industry Classification System (NAICS) Sector 72, 
Accommodation and Food Services--namely NAICS 721110,

[[Page 21896]]

Hotels and Motels, from $7.0 million to $30 million; NAICS 721120, 
Casino Hotels, from $7.0 million to $30 million; NAICS 722211, Limited 
Service Restaurants, from $7.0 million to $10 million; NAICS 722212, 
Cafeterias, from $7.0 million to $25.5 million; and NAICS 722310, Food 
Service Contractors, from $20.5 million to $35.5 million. As part of 
its ongoing initiative to review all size standards, SBA has evaluated 
each industry in Sector 72 to determine whether the existing size 
standards should be retained or revised. This proposed rule is one of a 
series of proposals that will examine industries grouped by an NAICS 
Sector. SBA has established its ``Size Standards Methodology'' 
available on SBA's Web site at http: //www.sba.gov/size. SBA has 
applied its ``Size Standards Methodology'' to this proposed rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/21/09                    74 FR 53913
NPRM Comment Period End         12/21/09
Final Action                    08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Khem Sharma, Division Chief, Division of Size 
Standards, Office of Government Contracting/Business Development, Small 
Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-7189
Fax: 202 205-6390
Email: khem.sharma@sba.gov

RIN: 3245-AF71
_______________________________________________________________________

297. IMPLEMENTATION OF SMALL BUSINESS DISASTER RESPONSE AND LOAN 
IMPROVEMENT ACT OF 2008: IMMEDIATE DISASTER ASSISTANCE PROGRAM

Legal Authority: 15 USC 636(b), 636(c), 636(d)

Abstract: This proposed rule would establish and implement an immediate 
disaster assistance bridge loan program under which SBA will guarantee 
loans made by private lenders to eligible businesses located in a 
disaster area that also apply for a loan under SBA's direct disaster 
loan program or new private disaster loan program. SBA may guarantee 85 
percent of any loan under this program and the maximum loan amount is 
$25,000. SBA will process applications for immediate disaster 
assistance bridge loans within 36 hours of receipt.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: James E. Rivera, Associate Administrator for Disaster 
Assistance, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 619-0005
Fax: 202 205-7728
Email: james.rivera@sba.gov

RIN: 3245-AG00
_______________________________________________________________________
Small Business Administration (SBA)                   Long-Term Actions

_______________________________________________________________________

298. SMALL BUSINESS DEVELOPMENT CENTERS (SBDC) PROGRAM REVISIONS

Legal Authority: 15 USC 634(b)(6); 15 USC 648

Abstract: This rule would update Small Business Deveopment Center 
(SBDC) program regulations. This rule would amend: (1) procedures for 
approving and funding of SBDCs; (2) approval procedures for travel 
outside the continental U.S. and U.S. territories; (3) procedures and 
requirements regarding findings and disputes resulting from financial 
exams, programmatic reviews, accreditation reviews, and other SBA 
oversight activities; (4) requirements for new and renewal applications 
for SBDC awards, including the requirements for electronic submission 
through the approved electronic Government submission facility; and (5) 
provisions regarding the collection and use of individual SBDC client 
data.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Antonio Doss
Phone: 202 205-6766
Email: antonio.doss@sba.gov

RIN: 3245-AE05
_______________________________________________________________________
Small Business Administration (SBA)                   Completed Actions

_______________________________________________________________________

299. WOMEN-OWNED SMALL BUSINESS FEDERAL CONTRACT ASSISTANCE PROCEDURES--
ELIGIBLE INDUSTRIES

Legal Authority: 15 USC 637(m)

Abstract: SBA plans to withdraw this proposed rule and promulgate a new 
rule in order to establish and implement an effective WOSB procurement 
program. The new rule, titled ``Women-Owned Small Business Federal 
Contract Program'' is identified as RIN 3245-AG06. SBA is committed to 
moving forward to implement a successful WOSB procurement program.

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Withdrawal and New Rule         03/04/10                    75 FR 10030

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Dean R. Koppel
Phone: 202 205-7322
Fax: 202 481-1540

[[Page 21897]]

Email: dean.koppel@sba.gov

RIN: 3245-AF80
[FR Doc. 2010-8943 Filed 04-23-10; 8:45 am]
BILLING CODE 8025-01-S