Semiannual Regulatory Agenda, 8020-8026 [2012-1660]

Download as PDF 8020 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Unified Agenda 13 CFR Ch. I Third Street SW., Washington, DC 20416, 202 619–0638, martin.conrey@sba.gov. Semiannual Regulatory Agenda Specific U.S. Small Business Administration (SBA). ACTION: Semiannual regulatory agenda. 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. SMALL BUSINESS ADMINISTRATION AGENCY: This Regulatory Agenda is a semiannual summary of all current and projected rulemakings, existing regulations, and completed actions of the Small Business Administration (SBA). This agenda provides the public with information about SBA’s regulatory activity. SBA expects that this information will enable the public to be more aware of, and effectively participate in, the SBA’s regulatory activity. SBA invites the public to submit comments on any aspect of this Agenda. FOR FURTHER INFORMATION CONTACT: SUMMARY: General Please direct general comments or inquiries to Martin ‘‘Sparky’’ Conrey, Assistant General Counsel for Legislation and Appropriations, U.S. Small Business Administration, 409 SBA provides this notice under the requirements of the Regulatory Flexibility Act, 5 U.S.C. sections 601 to 612 and Executive Order 12866, ‘‘Regulatory Planning and Review,’’ which require each agency to publish a semiannual agenda of regulations. The regulatory agenda is a summary of all current and projected rulemakings, as well as actions completed since the publication of the last Regulatory Agenda for the agency. SBA’s last semiannual regulatory agenda was published on July 7, 2011, at 76 FR 40136. The semiannual agenda of the SBA conforms to the Unified Agenda format developed by the Regulatory Information Service Center. SUPPLEMENTARY INFORMATION: Beginning with the fall 2007 edition, the Internet became the basic means for disseminating the Unified Agenda. The complete Unified Agenda will be available online at www.reginfo.gov in a format that greatly enhances a user’s ability to obtain information about the rules in the agency’s Agenda. The Regulatory Flexibility Act 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. A regulatory flexibility agenda contains, among other things, ‘‘a brief description of the subject area of any rule, which is 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 9, 2011. Karen G. Mills, Administrator. SMALL BUSINESS ADMINISTRATION—PRERULE STAGE Regulation Identifier No. Sequence No. Title 450 .................... Small Business Development Centers (SBDC) Program Revisions ............................................................... 3245–AE05 SMALL BUSINESS ADMINISTRATION—PROPOSED RULE STAGE Sequence No. 451 452 453 454 .................... .................... .................... .................... 455 .................... 456 .................... 457 .................... rmajette on DSK2TPTVN1PROD with PROPOSALS 458 .................... 459 460 461 462 463 464 .................... .................... .................... .................... .................... .................... 465 466 467 468 469 470 .................... .................... .................... .................... .................... .................... Regulation Identifier No. Title Small Business Technology Transfer (STTR) Policy Directive (Reg Plan Seq No. 148) .............................. Small Business Innovation Research (SBIR) Program Policy Directive (Reg Plan Seq No. 149) ................ SBA Express Loan Program; Export Express Program .................................................................................. Implementation of Small Business Disaster Response and Loan Improvement Act of 2008: Expedited Disaster Assistance Program. Implementation of Small Business Disaster Response and Loan Improvement Act of 2008: Private Loan Disaster Program. 504 Regulatory Enhancements ........................................................................................................................ Small Business Jobs Act: Small Business Size Standards; Alternative Size Standard for 7(a) and 504 Business Loan Programs. Acquisition Process: Task and Delivery Order Contracts, Bundling, Consolidation (Reg Plan Seq No. 150). Small Business Jobs Act: Subcontract Integrity .............................................................................................. Small Business Jobs Act: Small Business Size and Status Integrity .............................................................. ´ ´ Small Business Jobs Act: Small Business Mentor-Protege Programs (Reg Plan Seq No. 151) .................. Small Business Size Standards for Utilities Industries .................................................................................... Small Business Size Standards; Information ................................................................................................... Small Business Size Standards; Administrative and Support, Waste Management and Remediation Services Industries. Small Business Size Standards: Real Estate, Rental and Leasing Industries ............................................... Small Business Size Standards: Educational Services Industries .................................................................. Small Business Size Standards: Health Care and Social Assistance Services Industries ............................. Small Business Investment Companies—Early Stage SBICs ......................................................................... Small Business Size Standards: Arts, Entertainment, and Recreation ........................................................... Small Business Size Standards: Construction ................................................................................................ References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. VerDate Mar<15>2010 15:17 Feb 10, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\13FEP19.SGM 13FEP19 3245–AF45 3245–AF84 3245–AF85 3245–AF88 3245–AF99 3245–AG04 3245–AG16 3245–AG20 3245–AG22 3245–AG23 3245–AG24 3245–AG25 3245–AG26 3245–AG27 3245–AG28 3245–AG29 3245–AG30 3245–AG32 3245–AG36 3245–AG37 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Unified Agenda 8021 SMALL BUSINESS ADMINISTRATION—FINAL RULE STAGE Regulation Identifier No. Sequence No. Title 471 .................... 472 .................... 473 .................... Lender Oversight Program ............................................................................................................................... Small Business Size Standards: Professional, Scientific, and Technical Services ........................................ Small Business Size Standards: Transportation and Warehousing Industries ............................................... 3245–AE14 3245–AG07 3245–AG08 SMALL BUSINESS ADMINISTRATION—COMPLETED ACTIONS Regulation Identifier No. Sequence No. Title 474 .................... Implementation of Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008. Interest Rate—Resetting Fixed Interest Rate .................................................................................................. Small Business Size Standards for Loan, Investment, and Surety Programs ................................................ Statement of Personal History (Form 912) Modification ................................................................................. Small Business Jobs Act: Bundling and Contract Consolidation .................................................................... Small Business Size Standards: Application of Nonmanufacturer Rule to Processors and other Producers 475 476 477 478 479 .................... .................... .................... .................... .................... SMALL BUSINESS ADMINISTRATION (SBA) SMALL BUSINESS ADMINISTRATION (SBA) Prerule Stage Proposed Rule Stage 450. Small Business Development Centers (SBDC) Program Revisions 451. Small Business Technology Transfer (STTR) Policy Directive Legal Authority: 15 U.S.C. 634(b)(6); 15 U.S.C. 648 Abstract: This rule would update Small Business Development Center (SBDC) program regulations by amending among things, the (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: Regulatory Plan: This entry is Seq. No. 148 in part II of this issue of the Federal Register. RIN: 3245–AF45 Date ANPRM ............... rmajette on DSK2TPTVN1PROD with PROPOSALS Action FR Cite 06/00/12 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jean Z. Smith, Acting Associate Administrator, Office of Small Business Development Centers, Small Business Administration, 409 Third Street SW., Washington, DC 20416, Phone: 202 205–7262, Fax: 202 205– 7272, Email: jean.smith@sba.gov. RIN: 3245–AE05 VerDate Mar<15>2010 15:17 Feb 10, 2012 Jkt 226001 452. Small Business Innovation Research (SBIR) Program Policy Directive Regulatory Plan: This entry is Seq. No. 149 in part II of this issue of the Federal Register. RIN: 3245–AF84 453. SBA Express Loan Program; Export Express Program Legal Authority: 15 U.S.C. 636(a)(31) and (35) Abstract: SBA plans to issue regulations for the SBA Express loan program codified in section 7(a)(31) of the Small Business Act. The SBA Express loan program reduces the number of Government mandated forms and procedures, streamlines the processing and reduces the cost of smaller, less complex SBA loans. Particular features of the SBA Express loan program include: (1) SBA Express loans carry a maximum SBA guaranty of 50 percent; (2) a response to an SBA Express loan application will be given within 36 hours; (3) lenders and borrowers can negotiate the interest rate, which may not exceed SBA maximums; and (4) qualified lenders may be granted authorization to make eligibility determinations. SBA also plans to issue regulations for the Export Express Program codified at 7(a)(35) of the Small Business Act. The Export Express PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 3245–AF87 3245–AG03 3245–AG05 3245–AG11 3245–AG21 3245–AG31 Program, made permanent by the Small Business Jobs Act, makes guaranteed financing available for export development activities. Timetable: Action Date NPRM .................. FR Cite 10/00/12 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, Fax: 202 481–0248, Email: grady.hedgespeth@sba.gov. RIN: 3245–AF85 454. Implementation of Small Business Disaster Response and Loan Improvement Act of 2008: Expedited Disaster Assistance Program Legal Authority: 15 U.S.C. 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 will be 180 days, and the interest rate will be limited to 300 basis points over the Federal funds rate. Timetable: Action Date NPRM .................. 10/00/12 E:\FR\FM\13FEP19.SGM 13FEP19 FR Cite 8022 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Unified Agenda 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, Fax: 202 481–0248, Email: grady.hedgespeth@sba.gov. RIN: 3245–AF88 455. Implementation of Small Business Disaster Response and Loan Improvement Act of 2008: Private Loan Disaster Program Legal Authority: 15 U.S.C. 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 program 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 NPRM .................. FR Cite 10/00/12 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, Fax: 202 481–0248, Email: grady.hedgespeth@sba.gov. RIN: 3245–AF99 rmajette on DSK2TPTVN1PROD with PROPOSALS 456. 504 Regulatory Enhancements Legal Authority: 15 U.S.C. 695 et seq. Abstract: SBA proposes to revise the regulations for the Agency’s 504 Certified Development Company (CDC) Loan Program in order to (1) simplify processes and reduce the regulatory burdens on program participants while maintaining appropriate controls to mitigate risk; (2) increase opportunities for other nonprofit economic development entities to participate in the program either as independent CDCs or affiliates of CDCs, especially in communities not currently served; (3) expand the area of operations for CDCs from statewide to regional; (4) hold CDC Board of Directors more accountable for the CDCs economic development, financial strength, executive compensation and portfolio VerDate Mar<15>2010 15:17 Feb 10, 2012 Jkt 226001 performance; (5) clarify current regulations; and (6) update the regulations with statutory requirements. Timetable: Action Date NPRM .................. FR Cite 06/00/12 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Andrew B. McConnell Jr., Chief, 504 Loan Program, Office of Financial Assistance, Small Business Administration, 409 Third Street SW., Washington, DC 20416, Phone: 202 205–7238, Email: andrew.mcconnell@sba.gov. RIN: 3245–AG04 457. Small Business Jobs Act: Small Business Size Standards; Alternative Size Standard for 7(A) and 504 Business Loan Programs Legal Authority: Pub. L. 111–240, sec 1116 Abstract: SBA will amend its size eligibility criteria for Business Loans and for development company loans under title V of the Small Business Investment Act (504). For the SBA 7(a) Business Loan Program, the amendments will provide an alternative size standard for loan applicants that do not meet the small business size standards for their industries. For the 504 Program, the amendments will increase the current alternative standard for applicants for 504 loans. The Small Business Jobs Act of 2010 (Jobs Act) established alternative size standards that apply to both of these programs until the SBA’s Administrator establishes other alternative size standards. This interim final rule will be effective when published because the alternative size standards that the Jobs Act established were effective September 27, 2010, the date of its enactment. These alternative size standards do not affect other Federal government programs, including Federal procurement. Timetable: Action Date NPRM .................. FR Cite 04/00/12 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: khem.sharma@sba.gov. RIN: 3245–AG16 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 458. Acquisition Process: Task and Delivery Order Contracts, Bundling, Consolidation Regulatory Plan: This entry is Seq. No. 150 in part II of this issue of the Federal Register. RIN: 3245–AG20 459. Small Business Jobs Act: Subcontract Integrity Legal Authority: Pub. L. 111–240, secs 1321 and 1322, 1334 Abstract: The U.S. Small Business Administration is proposing regulations that address subcontracting compliance and the interrelationship between contracting offices, small business offices and program offices relating to oversight and review activities. The proposed regulation will also address the statutory requirement that a large business prime contractor must represent that it will make good faith efforts to award subcontracts to small businesses at the same percentage as indicated in the subcontracting plan submitted as part of its proposal for a contract and that if the percentage is not met, the large business prime contractor must provide a written justification and explanation to the contracting officer. Finally, the proposed regulation may also address the statutory requirement that a prime contractor must notify the contracting officer in writing if it has paid a reduced price to a subcontractor for goods and services or if the payment to the subcontractor is more than 90 days past due. Timetable: Action Date FR Cite NPRM .................. NPRM Comment Period End. Final Action ......... 10/05/11 12/05/11 76 FR 61626 06/00/12 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–AG22 460. Small Business Jobs Act: Small Business Size and Status Integrity Legal Authority: Pub. L. 111–240, sec 1341 and 1343 Abstract: The U.S. Small Business Administration is proposing regulations that will address the intentional misrepresentations of small business status as a ‘‘presumption of loss against the Government.’’ In addition, the E:\FR\FM\13FEP19.SGM 13FEP19 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Unified Agenda proposed rule will address the statutory requirement that no business may continue to certify itself as small on the Online Representation and Certifications Application (ORCA) without first providing an annual certification. Timetable: Action Date FR Cite NPRM .................. NPRM Comment Period End. NPRM Comment Period Extended. NPRM Extended Comment Period End. Final Action ......... 10/07/11 11/07/11 76 FR 62313 11/08/11 76 FR 69154 12/08/11 06/00/12 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–AG23 461. Small Business Jobs Act: Small ´ ´ Business Mentor-Protege Programs Regulatory Plan: This entry is Seq. No. 151 in part II of this issue of the Federal Register. RIN: 3245–AG24 462. Small Business Size Standards for Utilities Industries Legal Authority: 15 U.S.C. 632(a) Abstract: SBA is conducting a comprehensive review of all small business size standards to determine whether the existing size standards should be retained or revised. As part of this effort, SBA has evaluated each industry NAICS Sector 22, Utilities Industries, and revised size standards for certain industries in the sector. 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 Web site at https:// www.sba.gov/size, to this proposed rule. Timetable: rmajette on DSK2TPTVN1PROD with PROPOSALS Action Date NPRM .................. FR Cite 05/00/12 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 VerDate Mar<15>2010 15:17 Feb 10, 2012 Jkt 226001 205–6390, Email: khem.sharma@sba.gov. RIN: 3245–AG25 Action Final Action ......... 463. Small Business Size Standards; Information Legal Authority: 15 U.S.C. 632(a) Abstract: SBA is conducting a comprehensive review of all small business size standards to determine whether the existing size standards should be retained or revised. As part of this effort, SBA has evaluated each industry NAICS Sector 51, Information Industries, and revised size standards for certain industries in the sector. 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 Web site at https:// www.sba.gov/size, to this proposed rule. Timetable: Action Date FR Cite NPRM .................. NPRM Comment Period End. Final Action ......... 10/12/11 12/12/11 76 FR 63216 06/00/12 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: khem.sharma@sba.gov. RIN: 3245–AG26 464. Small Business Size Standards; Administrative and Support, Waste Management and Remediation Services Industries Legal Authority: 15 U.S.C. 632(a) Abstract: SBA is conducting a comprehensive review of all small business size standards to determine whether the existing size standards should be retained or revised. As part of this effort, SBA has evaluated each industry NAICS Sector 56, Administrative and Support, Waste Management and Remediation Services Industries, and revised size standards for certain industries in the sector. 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 Web site at https:// www.sba.gov/size, to this proposed rule. Timetable: Action Date FR Cite NPRM .................. NPRM Comment Period End. 10/12/11 12/12/11 76 FR 63510 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 Date 8023 FR Cite 06/00/12 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: khem.sharma@sba.gov. RIN: 3245–AG27 465. Small Business Size Standards: Real Estate, Rental and Leasing Industries Legal Authority: 15 U.S.C. 632(a) Abstract: SBA is conducting a comprehensive review of all small business size standards to determine whether the existing size standards should be retained or revised. As part of this effort, SBA has evaluated each industry NAICS Sector 53, Real Estate, Rental and Leasing Industries, and revised size standards for certain industries in the sector. 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 Web site at https:// www.sba.gov/size, to this proposed rule. Timetable: Action Date FR Cite NPRM .................. NPRM Comment Period End. Final Action ......... 11/15/11 01/17/12 76 FR 70680 06/00/12 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: khem.sharma@sba.gov. RIN: 3245–AG28 466. Small Business Size Standards: Educational Services Industries Legal Authority: 15 U.S.C. 632(a) Abstract: SBA is conducting a comprehensive review of all small business size standards to determine whether the existing size standards should be retained or revised. As part of this effort, SBA has evaluated each industry NAICS Sector 61, Educational Services Industries, and revised size standards for certain industries in the sector. This is one of a series of proposed rules that will examine industries grouped by an NAICS Sector. E:\FR\FM\13FEP19.SGM 13FEP19 8024 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Unified Agenda SBA has applied its ‘‘Size Standards Methodology,’’ which is available on its Web site at https://www.sba.gov/size, to this proposed rule. Timetable: Action Date FR Cite NPRM .................. NPRM Comment Period End. Final Action ......... 11/15/11 01/17/12 76 FR 70667 06/00/12 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: khem.sharma@sba.gov. RIN: 3245–AG29 467. Small Business Size Standards: Health Care and Social Assistance Services Industries Legal Authority: 15 U.S.C. 632(a) Abstract: SBA is conducting a comprehensive review of all small business size standards to determine whether the existing size standards should be retained or revised. As part of this effort, SBA has evaluated each industry NAICS Sector 62, Health Care and Social Assistance Services Industries, and revised size standards for certain industries in the sector. 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 Web site at https:// www.sba.gov/size, to this purposed rule. Timetable: Action Date NPRM .................. FR Cite 04/00/12 rmajette on DSK2TPTVN1PROD with PROPOSALS 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: khem.sharma@sba.gov. RIN: 3245–AG30 seed and early stage small businesses. These SBICs would be designated as ‘‘Innovation Funds.’’ SBA leverage is available to SBICs through a debenture instrument, the structure of which was not designed to address the needs or circumstances of early stage investors, and thus presents certain repayment risks for such investors. However, with certain regulatory changes, the risk associated with providing debenture leverage to Innovation Funds may be significantly reduced. This rule would establish a number of regulatory provisions applicable to Innovation Funds for the purpose of managing overall program risk, including lower limits on maximum leverage eligibility and special distribution rules. Timetable: Action Date FR Cite NPRM .................. NPRM Comment Period End. Final Action ......... 12/09/11 02/07/12 76 FR 76907 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Carol Fendler, Systems Accountant, Office of Investment, Small Business Administration, 409 Third Street SW., 6th Floor, Washington, DC 20416, Phone: 202 205–7559, Email: carol.fendler@sba.gov RIN: 3245–AG32 469. • Small Business Size Standards: Arts, Entertainment, and Recreation Legal Authority: 15 U.S.C. 632(a) Abstract: SBA is conducting a comprehensive review of all small business size standards to determine whether the existing size standards should be retained or revised. As a part of this effort, SBA has evaluated each industry NAICS Sector 71, Arts, Entertainment, and Recreation, and revised size standards for center industries in the sector. This is one of a series of proposed rules that will examine industries grouped by NAICS Sector. SBA has applied its ‘‘Size Standards Methodology,’’ which is available on its Web site at https:// www.sba.gov/size, to this proposed rule. Timetable: Date NPRM .................. 05/00/12 Legal Authority: 15 U.S.C. 636(a)(32) Abstract: To address a critical market need for early stage equity financing, SBA proposes to license a limited number of Small Business Investment Companies (SBICs) each year that are focused on providing equity capital to 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, Jkt 226001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 Legal Authority: 15 U.S.C. 632(a) Abstract: SBA is conducting a comprehensive review of all small business size standards to determine whether the existing size standards should be retained or revised. As a part of this effort, SBA has evaluated each industry NAICS Sector 23, Construction, and revised size standards for center industries in the sector. This is one of a series of proposed rules that will examine industries grouped by NAICS Sector. SBA has applied its ‘‘Size Standards Methodology,’’ which is available on its Web site at https:// www.sba.gov/size, to this proposed rule. Timetable: FR Cite Date NPRM .................. 04/00/12 Action 15:17 Feb 10, 2012 470. • Small Business Size Standards: Construction Action 468. Small Business Investment Companies—Early Stage SBICS VerDate Mar<15>2010 Phone: 202 205–6390, Fax: 202 205– 6390, RIN: 3245–AG36 FR Cite 05/00/12 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. RIN: 3245–AG37 SMALL BUSINESS ADMINISTRATION (SBA) Final Rule Stage 471. Lender Oversight Program Legal Authority: 15 U.S.C. 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 E:\FR\FM\13FEP19.SGM 13FEP19 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Unified Agenda 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 .................. NPRM Comment Period Extended. NPRM Comment Period End. Interim Final Rule Interim Final Rule Comment Period End. Interim Final Rule Effective. Final Action ......... 10/31/07 12/20/07 72 FR 61752 72 FR 72264 02/29/08 12/11/08 03/11/09 73 FR 75498 01/12/09 09/00/12 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Eugene D Stewman, Acting Director, Office of Credit Risk Management, Small Business Administration, 409 3rd Street SW., Washington, DC 20416, Phone: 202 205– 3049, Email: eugene.stewman@sba.gov. RIN: 3245–AE14 rmajette on DSK2TPTVN1PROD with PROPOSALS 472. Small Business Size Standards: Professional, Scientific, and Technical Services Legal Authority: 15 U.S.C. 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 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 Web site at https:// www.sba.gov/size, to this proposed rule. Timetable: Action Date FR Cite NPRM .................. NPRM Comment Period End. Final Action ......... 03/16/11 05/16/11 76 FR 14323 VerDate Mar<15>2010 12/00/11 15:17 Feb 10, 2012 Jkt 226001 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: khem.sharma@sba.gov. RIN: 3245–AG07 473. Small Business Size Standards: Transportation and Warehousing Industries Legal Authority: 15 U.S.C. 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 Web site at https:// www.sba.gov/size, to this proposed rule. Timetable: Action Date FR Cite NPRM .................. NPRM Comment Period End. Final Action ......... 05/13/11 07/12/11 76 FR 27935 05/00/12 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: khem.sharma@sba.gov. RIN: 3245–AG08 SMALL BUSINESS ADMINISTRATION (SBA) Completed Actions 474. Implementation of Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 Legal Authority: 15 U.S.C. 632(q); 15 U.S.C. 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 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 8025 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. Completed: Reason Date Withdrawn ........... FR Cite 10/24/11 Regulatory Flexibility Analysis Required: Yes. Agency Contact: LeAnn Delaney, Phone: 202 205–6731, Email: leann.delaney@sba.gov. RIN: 3245–AF87 475. Interest Rate—Resetting Fixed Interest Rate Legal Authority: 15 U.S.C. 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 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. Completed: Reason Date Withdrawn ........... FR Cite 09/09/11 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Grady Hedgespeth, Phone: 202 205–7562, Fax: 202 481– 0248, Email: grady.hedgespeth@sba.gov. RIN: 3245–AG03 476. Small Business Size Standards for Loan, Investment, and Surety Programs Legal Authority: 15 U.S.C. 632, 634(b)(6), 636(b), 637, 644, 662(5) 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 E:\FR\FM\13FEP19.SGM 13FEP19 8026 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Unified Agenda Agency Contact: Grady Hedgespeth, Phone: 202 205–7562, Fax: 202 481– 0248, Email: grady.hedgespeth@sba.gov. RIN: 3245–AG11 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. Completed: Reason Date Withdrawn ........... FR Cite 09/09/11 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Grady Hedgespeth, Phone: 202 205–7562, Fax: 202 481– 0248, Email: grady.hedgespeth@sba.gov. RIN: 3245–AG05 477. Statement of Personal History (Form 912) Modification Legal Authority: 15 U.S.C. 634 Abstract: Form 912, Statement of Personal History, is required of certain responsible parties that have an interest in an SBA loan. Contained on this form among other information are various questions concerning past arrest records and or convictions. SBA will modify and clarify regulations concerning who needs to complete this form in an effort to simplify and accelerate the loan approval process. Completed: Reason Date Withdrawn ........... FR Cite 478. Small Business Jobs Act: Bundling and Contract Consolidation Legal Authority: Pub. L. 111–240, sec 1312, 1313 Abstract: The U.S. Small Business Administration is proposing regulations that will set forth a government-wide policy on bundling, which will address teams and joint ventures of small businesses and the requirement that each federal agency must publish on its Web site the rationale for any bundled contract. In addition, the proposed regulations will address contract consolidation and the limitations on the use of such consolidation in Federal procurement to include ensuring that the head of a Federal agency may not carry out a consolidated contract over $2 million unless the Senior Procurement Executive or Chief Acquisition Officer ensures that market research has been conducted and determines that the consolidation is necessary and justified. Further, the proposed regulations will address two new pilot programs: the three year pilot program called the ‘‘Electronic Procurement Center Representative (ePCR) Program’’ and the Small Business Teaming Pilot Program for teaming and joint ventures involving small businesses. Completed: 09/09/11 Reason rmajette on DSK2TPTVN1PROD with PROPOSALS Regulatory Flexibility Analysis Required: Yes. VerDate Mar<15>2010 15:17 Feb 10, 2012 Jkt 226001 Date Withdrawn ........... 09/09/11 PO 00000 Frm 00008 Fmt 4701 Sfmt 9990 FR Cite Regulatory Flexibility Analysis Required: Yes. Agency Contact: Dean R. Koppel, Phone: 202 205–7322, Fax: 202 481– 1540, Email: dean.koppel@sba.gov. RIN: 3245–AG21 479. Small Business Size Standards: Application of Nonmanufacturer Rule to Processors and Other Producers Legal Authority: 15 U.S.C. 632(a) Abstract: SBA will clarify that contracting officers may not categorize a Federal government procurement using a North American Industry Classification System (NAICS) code that designates a public entity (NAICS Sector 92) when they will award or anticipate awarding the contract to a private entity. Entities in Sector 92 cannot qualify as small business concerns because they are not organized for profit. SBA intends to further clarify how the nonmanufacturer rule applies to supply contracts. Completed: Reason Date Withdrawn ........... FR Cite 09/09/11 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Khem Raj Sharma, Phone: 202 205–7189, Fax: 202 205– 6390, Email: khem.sharma@sba.gov. RIN: 3245–AG31 [FR Doc. 2012–1660 Filed 2–10–12; 8:45 am] BILLING CODE 8025–01–P E:\FR\FM\13FEP19.SGM 13FEP19

Agencies

SMALL BUSINESS ADMINISTRATION

[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Unknown Section]
[Pages 8020-8026]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1660]

[[Page 8019]]

Vol. 77

Monday,

No. 29

February 13, 2012

Part XIX

Small Business Administration

-----------------------------------------------------------------------

Semiannual Regulatory Agenda

Federal Register / Vol. 77 , No. 29 / Monday, February 13, 2012 /
Unified Agenda

[[Page 8020]]

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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.

-----------------------------------------------------------------------

SUMMARY: This Regulatory Agenda is a semiannual summary of all current
and projected rulemakings, existing regulations, and completed actions
of the Small Business Administration (SBA). This agenda provides the
public with information about SBA's regulatory activity. SBA expects
that this information will enable the public to be more aware of, and
effectively participate in, the 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 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.

Specific

Please direct specific comments and inquiries on individual
regulatory activities identified in this agenda to the individual
listed in the summary of the regulation as the point of contact for
that regulation.

SUPPLEMENTARY INFORMATION: SBA provides this notice under the
requirements of the Regulatory Flexibility Act, 5 U.S.C. sections 601
to 612 and Executive Order 12866, ``Regulatory Planning and Review,''
which require each agency to publish a semiannual agenda of
regulations. The regulatory agenda is a summary of all current and
projected rulemakings, as well as actions completed since the
publication of the last Regulatory Agenda for the agency. SBA's last
semiannual regulatory agenda was published on July 7, 2011, at 76 FR
40136. 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 Internet became the basic
means for disseminating the Unified Agenda. The complete Unified Agenda
will be available online at www.reginfo.gov in a format that greatly
enhances a user's ability to obtain information about the rules in the
agency's Agenda.
The Regulatory Flexibility Act 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. A regulatory
flexibility agenda contains, among other things, ``a brief description
of the subject area of any rule, which is 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 9, 2011.
Karen G. Mills,
Administrator.

Small Business Administration--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
450....................... Small Business Development 3245-AE05
Centers (SBDC) Program
Revisions.
------------------------------------------------------------------------

Small Business Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
451....................... Small Business Technology 3245-AF45
Transfer (STTR) Policy
Directive (Reg Plan Seq
No. 148).
452....................... Small Business Innovation 3245-AF84
Research (SBIR) Program
Policy Directive (Reg
Plan Seq No. 149).
453....................... SBA Express Loan Program; 3245-AF85
Export Express Program.
454....................... Implementation of Small 3245-AF88
Business Disaster
Response and Loan
Improvement Act of 2008:
Expedited Disaster
Assistance Program.
455....................... Implementation of Small 3245-AF99
Business Disaster
Response and Loan
Improvement Act of 2008:
Private Loan Disaster
Program.
456....................... 504 Regulatory 3245-AG04
Enhancements.
457....................... Small Business Jobs Act: 3245-AG16
Small Business Size
Standards; Alternative
Size Standard for 7(a)
and 504 Business Loan
Programs.
458....................... Acquisition Process: Task 3245-AG20
and Delivery Order
Contracts, Bundling,
Consolidation (Reg Plan
Seq No. 150).
459....................... Small Business Jobs Act: 3245-AG22
Subcontract Integrity.
460....................... Small Business Jobs Act: 3245-AG23
Small Business Size and
Status Integrity.
461....................... Small Business Jobs Act: 3245-AG24
Small Business Mentor-
Prot[eacute]g[eacute]
Programs (Reg Plan Seq
No. 151).
462....................... Small Business Size 3245-AG25
Standards for Utilities
Industries.
463....................... Small Business Size 3245-AG26
Standards; Information.
464....................... Small Business Size 3245-AG27
Standards; Administrative
and Support, Waste
Management and
Remediation Services
Industries.
465....................... Small Business Size 3245-AG28
Standards: Real Estate,
Rental and Leasing
Industries.
466....................... Small Business Size 3245-AG29
Standards: Educational
Services Industries.
467....................... Small Business Size 3245-AG30
Standards: Health Care
and Social Assistance
Services Industries.
468....................... Small Business Investment 3245-AG32
Companies--Early Stage
SBICs.
469....................... Small Business Size 3245-AG36
Standards: Arts,
Entertainment, and
Recreation.
470....................... Small Business Size 3245-AG37
Standards: Construction.
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.

[[Page 8021]]

Small Business Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
471....................... Lender Oversight Program.. 3245-AE14
472....................... Small Business Size 3245-AG07
Standards: Professional,
Scientific, and Technical
Services.
473....................... Small Business Size 3245-AG08
Standards: Transportation
and Warehousing
Industries.
------------------------------------------------------------------------

Small Business Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
474....................... Implementation of Military 3245-AF87
Reservist and Veteran
Small Business
Reauthorization and
Opportunity Act of 2008.
475....................... Interest Rate--Resetting 3245-AG03
Fixed Interest Rate.
476....................... Small Business Size 3245-AG05
Standards for Loan,
Investment, and Surety
Programs.
477....................... Statement of Personal 3245-AG11
History (Form 912)
Modification.
478....................... Small Business Jobs Act: 3245-AG21
Bundling and Contract
Consolidation.
479....................... Small Business Size 3245-AG31
Standards: Application of
Nonmanufacturer Rule to
Processors and other
Producers.
------------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION (SBA)

Prerule Stage

450. Small Business Development Centers (SBDC) Program Revisions

Legal Authority: 15 U.S.C. 634(b)(6); 15 U.S.C. 648
Abstract: This rule would update Small Business Development Center
(SBDC) program regulations by amending among things, the (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
------------------------------------------------------------------------
ANPRM............................... 06/00/12 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jean Z. Smith, Acting Associate Administrator,
Office of Small Business Development Centers, Small Business
Administration, 409 Third Street SW., Washington, DC 20416, Phone: 202
205-7262, Fax: 202 205-7272, Email: jean.smith@sba.gov.
RIN: 3245-AE05

SMALL BUSINESS ADMINISTRATION (SBA)

Proposed Rule Stage

451. Small Business Technology Transfer (STTR) Policy Directive

Regulatory Plan: This entry is Seq. No. 148 in part II of this
issue of the Federal Register.
RIN: 3245-AF45

452. Small Business Innovation Research (SBIR) Program Policy Directive

Regulatory Plan: This entry is Seq. No. 149 in part II of this
issue of the Federal Register.
RIN: 3245-AF84

453. SBA Express Loan Program; Export Express Program

Legal Authority: 15 U.S.C. 636(a)(31) and (35)
Abstract: SBA plans to issue regulations for the SBA Express loan
program codified in section 7(a)(31) of the Small Business Act. The SBA
Express loan program reduces the number of Government mandated forms
and procedures, streamlines the processing and reduces the cost of
smaller, less complex SBA loans. Particular features of the SBA Express
loan program include: (1) SBA Express loans carry a maximum SBA
guaranty of 50 percent; (2) a response to an SBA Express loan
application will be given within 36 hours; (3) lenders and borrowers
can negotiate the interest rate, which may not exceed SBA maximums; and
(4) qualified lenders may be granted authorization to make eligibility
determinations. SBA also plans to issue regulations for the Export
Express Program codified at 7(a)(35) of the Small Business Act. The
Export Express Program, made permanent by the Small Business Jobs Act,
makes guaranteed financing available for export development activities.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/00/12 .......................
------------------------------------------------------------------------

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, Fax: 202 481-0248, Email:
grady.hedgespeth@sba.gov.
RIN: 3245-AF85

454. Implementation of Small Business Disaster Response and Loan
Improvement Act of 2008: Expedited Disaster Assistance Program

Legal Authority: 15 U.S.C. 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 will be 180
days, and the interest rate will be limited to 300 basis points over
the Federal funds rate.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/00/12 .......................
------------------------------------------------------------------------

[[Page 8022]]

455. Implementation of Small Business Disaster Response and Loan
Improvement Act of 2008: Private Loan Disaster Program

Legal Authority: 15 U.S.C. 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 program 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................................ 10/00/12 .......................
------------------------------------------------------------------------

456. 504 Regulatory Enhancements

Legal Authority: 15 U.S.C. 695 et seq.
Abstract: SBA proposes to revise the regulations for the Agency's
504 Certified Development Company (CDC) Loan Program in order to (1)
simplify processes and reduce the regulatory burdens on program
participants while maintaining appropriate controls to mitigate risk;
(2) increase opportunities for other nonprofit economic development
entities to participate in the program either as independent CDCs or
affiliates of CDCs, especially in communities not currently served; (3)
expand the area of operations for CDCs from statewide to regional; (4)
hold CDC Board of Directors more accountable for the CDCs economic
development, financial strength, executive compensation and portfolio
performance; (5) clarify current regulations; and (6) update the
regulations with statutory requirements.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/12 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Andrew B. McConnell Jr., Chief, 504 Loan Program,
Office of Financial Assistance, Small Business Administration, 409
Third Street SW., Washington, DC 20416, Phone: 202 205-7238, Email:
andrew.mcconnell@sba.gov.
RIN: 3245-AG04

457. Small Business Jobs Act: Small Business Size Standards;
Alternative Size Standard for 7(A) and 504 Business Loan Programs

Legal Authority: Pub. L. 111-240, sec 1116
Abstract: SBA will amend its size eligibility criteria for Business
Loans and for development company loans under title V of the Small
Business Investment Act (504). For the SBA 7(a) Business Loan Program,
the amendments will provide an alternative size standard for loan
applicants that do not meet the small business size standards for their
industries. For the 504 Program, the amendments will increase the
current alternative standard for applicants for 504 loans. The Small
Business Jobs Act of 2010 (Jobs Act) established alternative size
standards that apply to both of these programs until the SBA's
Administrator establishes other alternative size standards. This
interim final rule will be effective when published because the
alternative size standards that the Jobs Act established were effective
September 27, 2010, the date of its enactment. These alternative size
standards do not affect other Federal government programs, including
Federal procurement.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/00/12 .......................
------------------------------------------------------------------------

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:
khem.sharma@sba.gov.
RIN: 3245-AG16

458. Acquisition Process: Task and Delivery Order Contracts, Bundling,
Consolidation

Regulatory Plan: This entry is Seq. No. 150 in part II of this
issue of the Federal Register.
RIN: 3245-AG20

459. Small Business Jobs Act: Subcontract Integrity

Legal Authority: Pub. L. 111-240, secs 1321 and 1322, 1334
Abstract: The U.S. Small Business Administration is proposing
regulations that address subcontracting compliance and the
interrelationship between contracting offices, small business offices
and program offices relating to oversight and review activities. The
proposed regulation will also address the statutory requirement that a
large business prime contractor must represent that it will make good
faith efforts to award subcontracts to small businesses at the same
percentage as indicated in the subcontracting plan submitted as part of
its proposal for a contract and that if the percentage is not met, the
large business prime contractor must provide a written justification
and explanation to the contracting officer. Finally, the proposed
regulation may also address the statutory requirement that a prime
contractor must notify the contracting officer in writing if it has
paid a reduced price to a subcontractor for goods and services or if
the payment to the subcontractor is more than 90 days past due.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/05/11 76 FR 61626
NPRM Comment Period End............. 12/05/11 .......................
Final Action........................ 06/00/12 .......................
------------------------------------------------------------------------

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-AG22

460. Small Business Jobs Act: Small Business Size and Status Integrity

Legal Authority: Pub. L. 111-240, sec 1341 and 1343
Abstract: The U.S. Small Business Administration is proposing
regulations that will address the intentional misrepresentations of
small business status as a ``presumption of loss against the
Government.'' In addition, the

[[Page 8023]]

proposed rule will address the statutory requirement that no business
may continue to certify itself as small on the Online Representation
and Certifications Application (ORCA) without first providing an annual
certification.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/07/11 76 FR 62313
NPRM Comment Period End............. 11/07/11 .......................
NPRM Comment Period Extended........ 11/08/11 76 FR 69154
NPRM Extended Comment Period End.... 12/08/11 .......................
Final Action........................ 06/00/12 .......................
------------------------------------------------------------------------

461. Small Business Jobs Act: Small Business Mentor-
Prot[eacute]g[eacute] Programs

Regulatory Plan: This entry is Seq. No. 151 in part II of this
issue of the Federal Register.
RIN: 3245-AG24

462. Small Business Size Standards for Utilities Industries

Legal Authority: 15 U.S.C. 632(a)
Abstract: SBA is conducting a comprehensive review of all small
business size standards to determine whether the existing size
standards should be retained or revised. As part of this effort, SBA
has evaluated each industry NAICS Sector 22, Utilities Industries, and
revised size standards for certain industries in the sector. 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 Web site at https://www.sba.gov/size, to this
proposed rule.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/12 .......................
------------------------------------------------------------------------

463. Small Business Size Standards; Information

Legal Authority: 15 U.S.C. 632(a)
Abstract: SBA is conducting a comprehensive review of all small
business size standards to determine whether the existing size
standards should be retained or revised. As part of this effort, SBA
has evaluated each industry NAICS Sector 51, Information Industries,
and revised size standards for certain industries in the sector. 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 Web site at https://www.sba.gov/size, to this proposed rule.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/12/11 76 FR 63216
NPRM Comment Period End............. 12/12/11 .......................
Final Action........................ 06/00/12 .......................
------------------------------------------------------------------------

464. Small Business Size Standards; Administrative and Support, Waste
Management and Remediation Services Industries

Legal Authority: 15 U.S.C. 632(a)
Abstract: SBA is conducting a comprehensive review of all small
business size standards to determine whether the existing size
standards should be retained or revised. As part of this effort, SBA
has evaluated each industry NAICS Sector 56, Administrative and
Support, Waste Management and Remediation Services Industries, and
revised size standards for certain industries in the sector. 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 Web site at https://www.sba.gov/size, to this
proposed rule.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/12/11 76 FR 63510
NPRM Comment Period End............. 12/12/11 .......................
Final Action........................ 06/00/12 .......................
------------------------------------------------------------------------

465. Small Business Size Standards: Real Estate, Rental and Leasing
Industries

Legal Authority: 15 U.S.C. 632(a)
Abstract: SBA is conducting a comprehensive review of all small
business size standards to determine whether the existing size
standards should be retained or revised. As part of this effort, SBA
has evaluated each industry NAICS Sector 53, Real Estate, Rental and
Leasing Industries, and revised size standards for certain industries
in the sector. 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 Web site at
https://www.sba.gov/size, to this proposed rule.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/15/11 76 FR 70680
NPRM Comment Period End............. 01/17/12 .......................
Final Action........................ 06/00/12 .......................
------------------------------------------------------------------------

466. Small Business Size Standards: Educational Services Industries

Legal Authority: 15 U.S.C. 632(a)
Abstract: SBA is conducting a comprehensive review of all small
business size standards to determine whether the existing size
standards should be retained or revised. As part of this effort, SBA
has evaluated each industry NAICS Sector 61, Educational Services
Industries, and revised size standards for certain industries in the
sector. This is one of a series of proposed rules that will examine
industries grouped by an NAICS Sector.

[[Page 8024]]

SBA has applied its ``Size Standards Methodology,'' which is available
on its Web site at https://www.sba.gov/size, to this proposed rule.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/15/11 76 FR 70667
NPRM Comment Period End............. 01/17/12 .......................
Final Action........................ 06/00/12 .......................
------------------------------------------------------------------------

467. Small Business Size Standards: Health Care and Social Assistance
Services Industries

Legal Authority: 15 U.S.C. 632(a)
Abstract: SBA is conducting a comprehensive review of all small
business size standards to determine whether the existing size
standards should be retained or revised. As part of this effort, SBA
has evaluated each industry NAICS Sector 62, Health Care and Social
Assistance Services Industries, and revised size standards for certain
industries in the sector. 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
Web site at https://www.sba.gov/size, to this purposed rule.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/00/12 .......................
------------------------------------------------------------------------

468. Small Business Investment Companies--Early Stage SBICS

Legal Authority: 15 U.S.C. 636(a)(32)
Abstract: To address a critical market need for early stage equity
financing, SBA proposes to license a limited number of Small Business
Investment Companies (SBICs) each year that are focused on providing
equity capital to seed and early stage small businesses. These SBICs
would be designated as ``Innovation Funds.'' SBA leverage is available
to SBICs through a debenture instrument, the structure of which was not
designed to address the needs or circumstances of early stage
investors, and thus presents certain repayment risks for such
investors. However, with certain regulatory changes, the risk
associated with providing debenture leverage to Innovation Funds may be
significantly reduced. This rule would establish a number of regulatory
provisions applicable to Innovation Funds for the purpose of managing
overall program risk, including lower limits on maximum leverage
eligibility and special distribution rules.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Carol Fendler, Systems Accountant, Office of
Investment, Small Business Administration, 409 Third Street SW., 6th
Floor, Washington, DC 20416, Phone: 202 205-7559, Email:
carol.fendler@sba.gov
RIN: 3245-AG32

469. Small Business Size Standards: Arts, Entertainment, and
Recreation

Legal Authority: 15 U.S.C. 632(a)
Abstract: SBA is conducting a comprehensive review of all small
business size standards to determine whether the existing size
standards should be retained or revised. As a part of this effort, SBA
has evaluated each industry NAICS Sector 71, Arts, Entertainment, and
Recreation, and revised size standards for center industries in the
sector. This is one of a series of proposed rules that will examine
industries grouped by NAICS Sector. SBA has applied its ``Size
Standards Methodology,'' which is available on its Web site at https://www.sba.gov/size, to this proposed rule.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/12
------------------------------------------------------------------------

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,
RIN: 3245-AG36

470. Small Business Size Standards: Construction

Legal Authority: 15 U.S.C. 632(a)
Abstract: SBA is conducting a comprehensive review of all small
business size standards to determine whether the existing size
standards should be retained or revised. As a part of this effort, SBA
has evaluated each industry NAICS Sector 23, Construction, and revised
size standards for center industries in the sector. This is one of a
series of proposed rules that will examine industries grouped by NAICS
Sector. SBA has applied its ``Size Standards Methodology,'' which is
available on its Web site at https://www.sba.gov/size, to this proposed
rule.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/12
------------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION (SBA)

Final Rule Stage

471. Lender Oversight Program

Legal Authority: 15 U.S.C. 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

[[Page 8025]]

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 03/11/09
End.
Interim Final Rule Effective........ 01/12/09
Final Action........................ 09/00/12
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Eugene D Stewman, Acting Director, Office of Credit
Risk Management, Small Business Administration, 409 3rd Street SW.,
Washington, DC 20416, Phone: 202 205-3049, Email:
eugene.stewman@sba.gov.
RIN: 3245-AE14

472. Small Business Size Standards: Professional, Scientific, and
Technical Services

Legal Authority: 15 U.S.C. 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 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
Web site at https://www.sba.gov/size, to this proposed rule.
Timetable:

473. Small Business Size Standards: Transportation and Warehousing
Industries

Legal Authority: 15 U.S.C. 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 Web site at https://www.sba.gov/size, to this proposed rule.
Timetable:

SMALL BUSINESS ADMINISTRATION (SBA)

Completed Actions

474. Implementation of Military Reservist and Veteran Small Business
Reauthorization and Opportunity Act of 2008

Legal Authority: 15 U.S.C. 632(q); 15 U.S.C. 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.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Withdrawn........................... 10/24/11
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: LeAnn Delaney, Phone: 202 205-6731, Email:
leann.delaney@sba.gov.
RIN: 3245-AF87

475. Interest Rate--Resetting Fixed Interest Rate

Legal Authority: 15 U.S.C. 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 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.
Completed: