Semiannual Regulatory Agenda, 1944-1948 [2017-28235]
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Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda
SMALL BUSINESS ADMINISTRATION
13 CFR Ch. I
Semiannual Regulatory Agenda
U.S. Small Business
Administration (SBA).
ACTION: Semiannual regulatory agenda.
AGENCY:
This semiannual Regulatory
Agenda (Agenda) is a summary of
current and projected regulatory and
deregulatory actions and completed
actions of the Small Business
Administration (SBA). SBA expects that
this summary information will enable
the public to be more aware of, and
effectively participate in, SBA’s
regulatory and deregulatory activities.
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 Imelda A. Kish, Law
Librarian, U.S. Small Business
Administration, 409 Third Street SW,
Washington, DC 20416, (202) 205–6849,
imelda.kish@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. Timely public comment
for any rule may be submitted at the
government-wide e-government website,
https://www.regulations.gov.
SUPPLEMENTARY INFORMATION: SBA is
fully committed to implementing the
Administration’s regulatory reform
policies, as established by Executive
Order 13771, Reducing Regulation and
Controlling Regulatory Costs (January
30, 2017) and Executive Order 13777,
Enforcing the Regulatory Reform
Agenda (February 24, 2017). In order to
fully implement the goal of these
executive orders, SBA seeks feedback
from the public in identifying any SBA
regulations that affected parties believe
impose unnecessary burdens or costs
that exceed their benefits; eliminate jobs
or inhibit job creation; or are ineffective
or outdated.
The Regulatory Flexibility Act
requires SBA to publish in the Federal
Register a semiannual regulatory
flexibility agenda describing those rules
SBA expects to consider in the next 12
months that are likely to have a
significant economic impact on a
substantial number of small entities (5
U.S.C. 602). The rules published in the
Federal Register with this notice
include only those that meet this
requirement.
Additional information on these rules
and on all other rulemakings SBA
expects to consider is included in the
Federal Government’s complete Unified
Agenda, which will be available online
at www.reginfo.gov in a format that
offers users enhanced ability to obtain
information about SBA’s rules from the
Agenda database.
Dated: September 19, 2017.
Linda E. McMahon,
Administrator.
SMALL BUSINESS ADMINISTRATION—PRERULE STAGE
Regulation
Identifier No.
Sequence No.
Title
333 ....................
Small Business Size Standards; Alternative Size Standard for 7(a), 504, and Disaster Loan Programs ......
3245–AG16
SMALL BUSINESS ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
334 ....................
335 ....................
336 ....................
Small Business Development Center Program Revisions ..............................................................................
Small Business HUBZone Program; Government Contracting Programs; Office of Hearings and Appeals
Women-Owned Small Business and Economically Disadvantaged Women-Owned Small Business—Certification (Reg Plan Seq No. 120).
Disaster Loan Programs; Federal Flood Risk Management Standard ...........................................................
Ownership and Control of Service-Disabled Veteran-Owned Small Business Concerns ...............................
National Defense Authorization Acts of 2016 and 2017, RISE After Disaster Act of 2015, and Other Small
Business Government Contracting Amendments.
Small Business Size Standards: Educational Services; Health Care and Social Assistance; Arts, Entertainment and Recreation; Accommodation and Food Services; Other Services.
Small Business Size Standards: Agriculture, Forestry, Fishing and Hunting; Mining, Quarrying, and Oil
and Gas Extraction; Utilities; Construction.
Small Business Size Standards: Transportation and Warehousing; Information; Finance and Insurance;
Real Estate and Rental and Leasing.
Small Business Size Standards: Professional, Scientific and Technical Services; Management of Companies and Enterprises; Administrative and Support, Waste Management and Remediation Services.
337 ....................
338 ....................
339 ....................
340 ....................
341 ....................
342 ....................
343 ....................
3245–AE05
3245–AG38
3245–AG75
3245–AG77
3245–AG85
3245–AG86
3245–AG88
3245–AG89
3245–AG90
3245–AG91
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
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SMALL BUSINESS ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
344 ....................
345 ....................
Miscellaneous Amendments to Business Loan Programs and Surety Bond Guarantee Program .................
Small Business Timber Set-Aside Program ....................................................................................................
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1945
SMALL BUSINESS ADMINISTRATION—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
346 ....................
347 ....................
Agent Revocation and Suspension Procedures ..............................................................................................
Small Business Investment Companies; Passive Business Expansion & Technical Clarifications ................
SMALL BUSINESS ADMINISTRATION
(SBA)
SMALL BUSINESS ADMINISTRATION
(SBA)
Prerule Stage
Proposed Rule Stage
333. Small Business Size Standards;
Alternative Size Standard for 7(A), 504,
and Disaster Loan Programs
334. Small Business Development
Center Program Revisions
E.O. 13771 Designation: Other.
Legal Authority: Pub. L. 111–240, sec.
1116
Abstract: SBA will request public
comment on options to amend its size
eligibility criteria for Business Loans,
certified development company (CDC)
loans under title V of the Small
Business Investment Act (504) and
economic injury disaster loans (EIDL).
For the SBA 7(a) Business Loan Program
and the 504 program, the eventual
amendments will provide an alternative
size standard for loan applicants that do
not meet the small business size
standards for their industries. The Small
Business Jobs Act of 2010 (Jobs Act)
established alternative size standards
that apply to both of these programs
until SBA’s Administrator establishes
other alternative size standards. For the
disaster loan program, the amendments
will provide an alternative size standard
for loan applicants that do not meet the
Small Business Size Standard for their
industries. SBA loan program
alternative size standards do not affect
other Federal Government programs,
including Federal procurement.
Timetable:
Action
Date
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ANPRM ...............
FR Cite
01/00/18
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
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E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 634(b)(6);
15 U.S.C. 648
Abstract: Updates the Small Business
Development Center (SBDC) program
regulations by proposing to amend: (1)
Procedures for approving applications
for new Host SBDCs; (2) approval
procedures for travel outside the
continental U.S. and U.S. territories; (3)
procedures and requirements regarding
findings and disputes resulting from
financial exams, programmatic reviews,
accreditation reviews, and other SBA
oversight activities; (4) requirements for
new or renewal applications for SBDC
grants, including the requirements for
electronic submission through the
approved electronic Government
submission facility; (5) procedures
regarding the determination to affect
suspension, termination or non-renewal
of an SBDC’s cooperative agreement;
and (6) provisions regarding the
collection and use of the individual
SBDC client data.
Timetable:
Action
Date
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
04/02/15
06/01/15
FR Cite
80 FR 17708
03/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Adriana Menchaca–
Gendron, Associate Administrator for
Small Business Development Centers,
Small Business Administration, 409 3rd
Street SW, Washington, DC 20416,
Phone: 202 205–6988, Email:
adriana.menchaca-gendron@sba.gov.
RIN: 3245–AE05
335. Small Business Hubzone Program;
Government Contracting Programs;
Office of Hearings and Appeals
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 657a
Abstract: SBA has been reviewing its
processes and procedures for
implementing the HUBZone program
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3245–AG40
3245–AG67
and has determined that several of the
regulations governing the program
should be amended in order to resolve
certain issues that have arisen. As a
result, the proposed rule would
constitute a comprehensive revision of
part 126 of SBA’s regulations to clarify
current HUBZone Program regulations,
and implement various new procedures.
The amendments will make it easier for
participants to comply with the program
requirements and enable them to
maximize the benefits afforded by
participation. In developing this
proposed rule, SBA will focus on the
principles of Executive Orders 12866,
13771 and 13563 to determine whether
portions of regulations should be
modified, streamlined, expanded or
repealed to make the HUBZone program
more effective and/or less burdensome
on small business concerns. At the same
time, SBA will maintain a framework
that helps identify and reduce waste,
fraud, and abuse in the program.
Timetable:
Action
NPRM ..................
Date
FR Cite
05/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Mariana Pardo,
Director, Office of HUBZone, Small
Business Administration, 409 3rd Street
SW, Washington, DC 20416, Phone: 202
205–2985, Fax: 202 481–2675, Email:
mariana.pardo@sba.gov.
RIN: 3245–AG38
336. Women-Owned Small Business
and Economically Disadvantaged
Women-Owned Small Business—
Certification
Regulatory Plan: This entry is Seq.
No. 120 in part II of this issue of the
Federal Register.
RIN: 3245–AG75
337. Disaster Loan Programs; Federal
Flood Risk Management Standard
E.O. 13771 Designation: Regulatory.
Legal Authority: 15 U.S.C. 634(b)(6);
E.O. 11988
Abstract: This rule would describe
which disaster loans are subject to
federal flood risk managements
standards. It would apply to disaster
loans that meet one of the following
conditions: (1) SBA funds will be used
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for total real estate reconstruction at the
damaged site that is located in the
Special Flood Hazard Area (SFHA); (2)
SBA funds will be used for new real
estate construction at a relocation site
that is located in the SFHA; or (3) SBA
funds will be used for code required
elevation at the damaged site that is
located in the SFHA.
Timetable:
Action
Date
NPRM ..................
FR Cite
08/00/18
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Alejandro Contreras,
Program Analyst, Office of Disaster
Assistance, Small Business
Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205–
6674, Email: alejandro.contreras@
sba.gov.
RIN: 3245–AG77
338. Ownership and Control of ServiceDisabled Veteran-Owned Small
Business Concerns
E.O. 13771 Designation: Other.
Legal Authority: Pub. L. 114–328, sec.
1832, 1835
Abstract: Section 1832 of the National
Defense Authorization Act for Fiscal
Year 2017 (NDAA), Public Law 114–
328, Dec. 23, 2016, provides for a
government-wide, uniform definition of
a small business concern owned and
controlled by a service-disabled veteran.
Section 1835 requires the Small
Business Administration (SBA) and the
Department of Veterans Affairs (VA) to
issue guidance, not later than 180 days
after the date of enactment of the NDAA
of 2017. The proposed rule will propose
to amend SBA’s regulations to create a
uniform definition of a small business
owned and controlled by a servicedisabled veteran to be used for purposes
of eligibility for government
procurements by agencies other than the
VA under the authority of 15 U.S.C.
657f, and by the VA for VA
procurements in accordance with 38
U.S.C. 8127. These changes will include
addressing ownership by an employee
stock ownership plan (ESOP) and
ownership and control by a surviving
spouse. Section 1835 provides that the
SBA and VA shall provide notice and
opportunity for comment for at least 60
days.
Timetable:
Action
Date
NPRM ..................
FR Cite
01/00/18
Regulatory Flexibility Analysis
Required: Yes.
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Agency Contact: Kenneth Dodds,
Director, Office of Policy, Planning and
Liaison, Small Business Administration,
409 3rd Street SW, Washington, DC
20416, Phone: 202 619–1766, Fax: 202
481–2950, Email: kenneth.dodds@
sba.gov.
RIN: 3245–AG85
481–2950, Email: kenneth.dodds@
sba.gov.
RIN: 3245–AG86
339. National Defense Authorization
Acts of 2016 and 2017, Rise After
Disaster Act of 2015, and Other Small
Business Government Contracting
Amendments
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a)
Abstract: The Small Business Jobs Act
of 2010 (Jobs Act) requires SBA to
conduct every five years a detailed
review of all size standards and to make
appropriate adjustments to reflect
market conditions. As part of the second
five-year review of size standards under
the Jobs Act, in this proposed rule, SBA
will evaluate size standards for all
industries in North American Industry
Classification System (NAICS) Sector 61
(Educational Services), Sector 62
(Health Care and Social Assistance),
Sector 71 (Arts, Entertainment and
Recreation), Sector 72 (Accommodation
and Food Services), and Sector 81
(Other Services) and make necessary
adjustments to size standards in these
sectors. This is one of a series of
proposed rules that will examine groups
of NAICS sectors. SBA will apply its
Size Standards Methodology to this
proposed rule.
Timetable:
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 637(d)(17);
Pub. L. 114–328, sec. 1811, 1821; Pub.
L. 114–92, sec. 863; Pub. L. 114–88, sec.
2105, 2108
Abstract: Section 1811 of the of the
National Defense Authorization Act
(NDAA) for Fiscal Year 2017, Public
Law 114–328, Dec. 23, 2016, (NDAA) of
2017 limits the scope of review of
Procurement Center Representatives for
certain Department of Defense
procurements performed outside of the
United States. Section 1821 of the
NDAA of 2017 establishes that failure to
act in good faith in providing timely
subcontracting reports shall be
considered a material breach of the
contract. Section 863 of the NDAA for
FY 2016, Public Law 114–92, Nov. 25,
2015, establishes procedures for the
publication of acquisition strategies if
the acquisition involves consolidation
or substantial bundling. SBA also
intends to request comment on various
proposed changes requested by industry
or other agencies, including those
pertaining to exclusions from
calculating compliance with the
limitations on subcontracting, an
agency’s ability to set aside orders under
set-aside contracts, and a contracting
officer’s authority to request reports on
a prime contractor’s compliance with
the limitations on subcontracting.
Sections 2105 and 2108 of Public Law
114–88 provide agencies with double
credit when they award to a local small
business in a disaster area and provide
local small businesses with access to
federal surplus property.
Timetable:
Action
Date
NPRM ..................
FR Cite
12/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kenneth Dodds,
Director, Office of Policy, Planning and
Liaison, Small Business Administration,
409 3rd Street SW, Washington, DC
20416, Phone: 202 619–1766, Fax: 202
PO 00000
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340. • Small Business Size Standards:
Educational Services; Health Care and
Social Assistance; Arts, Entertainment
and Recreation; Accommodation and
Food Services; Other Services
Action
NPRM ..................
Date
FR Cite
09/00/18
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–AG88
341. • Small Business Size Standards:
Agriculture, Forestry, Fishing and
Hunting; Mining, Quarrying, and Oil
And Gas Extraction; Utilities;
Construction
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a)
Abstract: The Small Business Jobs Act
of 2010 (Jobs Act) requires SBA to
conduct every five years a detailed
review of all size standards and to make
appropriate adjustments to reflect
market conditions. As part of the second
five-year review of size standards under
the Jobs Act, in this proposed rule, SBA
will evaluate each industry that has a
receipts-based standard in North
American Industry Classification
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System (NAICS) Sector 11 (Agriculture,
Forestry, Fishing and Hunting), Sector
21 (Mining, Quarrying, and Oil and Gas
Extraction), Sector 22 (Utilities), and
Sector 23 (Construction), and make
necessary adjustments to size standards
in these sectors. This is one of a series
of proposed rules that will examine
groups of NAICS sectors. SBA will
apply its Size Standards Methodology to
this proposed rule.
Timetable:
Action
Date
NPRM ..................
FR Cite
09/00/18
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–AG89
342. • Small Business Size Standards:
Transportation and Warehousing;
Information; Finance and Insurance;
Real Estate and Rental and Leasing
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a)
Abstract: The Small Business Jobs Act
of 2010 (Jobs Act) requires SBA to
conduct every five years a detailed
review of all size standards and to make
appropriate adjustments to reflect
market conditions. As part of the second
five-year review of size standards under
the Jobs Act, in this proposed rule, SBA
will evaluate each industry that has a
receipts-based standard in North
American Industry Classification
System (NAICS) Sector 48–49
(Transportation and Warehousing),
Sector 51 (Information), Sector 52
(Finance and Insurance), and Sector 53
(Real Estate and Rental and Leasing) and
make necessary adjustments to size
standards in these sectors. This is one
of a series of proposed rules that will
examine groups of NAICS sectors. SBA
will apply its Size Standards
Methodology to this proposed rule.
Timetable:
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Action
Date
NPRM ..................
FR Cite
09/00/18
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
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205–6390, Email: khem.sharma@
sba.gov.
RIN: 3245–AG90
343. • Small Business Size Standards:
Professional, Scientific and Technical
Services; Management of Companies
and Enterprises; Administrative and
Support, Waste Management and
Remediation Services
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a)
Abstract: The Small Business Jobs Act
of 2010 (Jobs Act) requires SBA to
conduct every five years a detailed
review of all size standards and to make
appropriate adjustments to reflect
market conditions. As part of the second
five-year review of size standards under
the Jobs Act, in this proposed rule, SBA
will evaluate each industry that has a
receipts-based standard in North
American Industry Classification
System (NAICS) Sector 54 (Professional,
Scientific and Technical Services),
Sector 55 (Management of Companies
and Enterprises), and Sector 56
(Administrative and Support, Waste
Management and Remediation Services)
and make necessary adjustments to size
standards in these sectors. This is one
of a series of proposed rules that will
examine groups of NAICS sectors. SBA
will apply its Size Standards
Methodology to this proposed rule.
Timetable:
authorities in this rule. The rule makes
several minor modifications to the 504
Loan Program and governance rules for
Certified Development Company (CDC)
in a follow-on to the Final Rule: 504 and
7(a) Loan Program Updates (March 21,
2014). The rule also aligns terminology
for 7(a) lenders that are federally
regulated to synchronize with existing
industry requirements. SBA is also
making several other miscellaneous
amendments to improve oversight and
operations of its finance programs.
This rule makes four changes to the
Surety Bond Guarantee (SBG) Program.
The first changes the threshold for
notification to SBA of changes in the
contract or bond amount. Second, the
change requires sureties to submit
quarterly contract completion reports.
Third, SBA is increasing the eligible
contract limit for the Quick Bond
Application and Agreement from
$250,000 to $400,000. Finally, the rule
increases the guarantee percentage in
the Preferred Surety Bond program to
reflect the statutory change made by the
National Defense Authorization Act of
2016. The guarantee percentage
increases from 70 percent to 80 percent
or 90 percent, depending on contract
size and socioeconomic factors
currently in effect in the Prior Approval
Program.
Timetable:
Action
Action
Date
NPRM ..................
09/00/18
SMALL BUSINESS ADMINISTRATION
(SBA)
Final Rule Stage
344. Miscellaneous Amendments to
Business Loan Programs and Surety
Bond Guarantee Program
E.O. 13771 Designation: Deregulatory.
Legal Authority: 15 U.S.C. 636(a); 15
U.S.C. 694b
Abstract: Certain lenders have been
delegated the authority to make loan
decisions without prior approval from
SBA under certain circumstances. SBA
has formalized such delegated
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Date
FR Cite
FR Cite
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–AG91
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NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
Final Action .........
08/09/16
10/11/16
81 FR 52595
08/21/17
09/20/17
82 FR 39491
03/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Dianna L. Seaborn,
Director, Office of Financial Assistance,
Small Business Administration, 409
Third Street SW, Washington, DC
20416, Phone: 202 205–3645, Email:
dianna.seaborn@sba.gov.
RIN: 3245–AF85
345. Small Business Timber Set-Aside
Program
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 631; 15
U.S.C. 644(a)
Abstract: The U.S. Small Business
Administration (SBA or Agency) is
amending its Small Business Timber
Set-Aside Program (the Program)
regulations. The Small Business Timber
Set-Aside Program is rooted in the
Small Business Act, which tasked SBA
with ensuring that small businesses
receive a fair proportion of the total
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sales of government property.
Accordingly, the Program requires
Timber sales to be set aside for small
business when small business
participation falls below a certain
amount. SBA considered comments
received during the Advance Notice of
Proposed Rulemaking and Notice of
Proposed Rulemaking processes,
including on issues such as, but not
limited to, whether the saw timber
volume purchased through stewardship
timber contracts should be included in
calculations, and whether the appraisal
point used in set-aside sales should be
the nearest small business mill. In
addition, SBA is considering data from
the timber industry to help evaluate the
current program and economic impact
of potential changes.
Timetable:
Action
Date
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
FR Cite
03/25/15
05/26/15
80 FR 15697
09/27/16
11/28/16
81 FR 66199
03/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: David W. Loines,
Area Director, Office of Government
Contracting, Small Business
Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205–
7311, Email: david.loines@sba.gov.
RIN: 3245–AG69
SMALL BUSINESS ADMINISTRATION
(SBA)
Completed Actions
346. Agent Revocation and Suspension
Procedures
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E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 634; 15
U.S.C. 642
Abstract: SBA is withdrawing this
rule which proposed to establish
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detailed procedures for the suspension
and revocation of an Agent’s privilege to
do business with the United States
Small Business Administration (SBA)
within a single part of the Code of
Federal Regulations; clarify existing and
related regulations as to suspension,
revocation, and debarment; and remove
Office of Hearings and Appeals
jurisdiction over Agent suspensions and
revocations and government-wide
debarment and suspension actions.
Completed:
Reason
Date
Withdrawn ...........
FR Cite
09/11/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Debra Mayer, Phone:
202 205–7577, Email: debra.mayer@
sba.gov.
RIN: 3245–AG40
347. Small Business Investment
Companies; Passive Business Expansion
& Technical Clarifications
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 15 U.S.C. 681 et seq.
Abstract: The SBA revised the
regulations for the Small Business
Investment Company (SBIC) program to
further expand the use of Passive
Businesses and provide needed
protections for SBA with regard to such
investments. SBICs are generally
prohibited from investing in passive
businesses under the Small Business
Investment Act of 1958 as amended as
well as by regulations. Current program
regulations provided for two exceptions
that allow an SBIC to structure an
investment utilizing a passive small
business as a pass-through. The first
exception identified in 107.720(b)(2)
provides that an SBIC may structure an
investment utilizing two pass-through
entities to make an investment into an
active business. The second exception
identified in 107.720(b)(3) allows
partnership SBICs with SBA prior
approval to invest in a wholly owned
passive business that in turn provides
PO 00000
Frm 00006
Fmt 4701
Sfmt 9990
financing to an active small business
only if a direct financing would cause
its investors to incur Unrelated Business
Taxable Income (UBTI). The second
exception is commonly known as a
blocker corporation. The rule clarifies
the first exception and further expands
the second exception, while providing
additional protection to SBA from the
risk posed by passive investment
structures. As part of the rule, SBA will
also make technical corrections and
clarifications, including conforming the
regulation to the new ‘‘family of funds’’
statutory provision.
Completed:
Reason
Final Rule ............
Final Rule Effective.
Delay of Effective
Date Opportunity for Public
Comment.
Comment Period
End.
Final Rule Effective.
Delay of Effective
Date.
Final Rule Effective.
Delay of Effective
Date and Request for Comment.
Comment Period
End.
Final Rule Effective.
Final Rule and
Withdrawal of
Final Rule.
Final Rule Effective.
Date
FR Cite
12/28/16
01/27/17
81 FR 95419
01/26/17
82 FR 8499
02/19/17
03/21/17
03/21/17
82 FR 14428
05/20/17
05/02/17
82 FR 20433
06/01/17
08/18/17
08/18/17
82 FR 39335
09/18/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Theresa M. Jamerson,
Phone: 202 205–7563, Email:
theresa.jamerson@sba.gov.
RIN: 3245–AG67
[FR Doc. 2017–28235 Filed 1–11–18; 8:45 am]
BILLING CODE 8025–01–P
E:\FR\FM\12JAP18.SGM
12JAP18
]]>Agencies
[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Unknown Section]
[Pages 1944-1948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28235]
[[Page 1943]]
Vol. 83
Friday,
No. 9
January 12, 2018
Part XVIII
Small Business Administration
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 83 , No. 9 / Friday, January 12, 2018 /
Unified Agenda
[[Page 1944]]
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
13 CFR Ch. I
Semiannual Regulatory Agenda
AGENCY: U.S. Small Business Administration (SBA).
ACTION: Semiannual regulatory agenda.
-----------------------------------------------------------------------
SUMMARY: This semiannual Regulatory Agenda (Agenda) is a summary of
current and projected regulatory and deregulatory actions and completed
actions of the Small Business Administration (SBA). SBA expects that
this summary information will enable the public to be more aware of,
and effectively participate in, SBA's regulatory and deregulatory
activities. SBA invites the public to submit comments on any aspect of
this Agenda.
FOR FURTHER INFORMATION CONTACT:
General
Please direct general comments or inquiries to Imelda A. Kish, Law
Librarian, U.S. Small Business Administration, 409 Third Street SW,
Washington, DC 20416, (202) 205-6849, [email protected].
Specific
Please direct specific comments and inquiries on individual
regulatory activities identified in this Agenda to the individual
listed in the summary of the regulation as the point of contact for
that regulation. Timely public comment for any rule may be submitted at
the government-wide e-government website, https://www.regulations.gov.
SUPPLEMENTARY INFORMATION: SBA is fully committed to implementing the
Administration's regulatory reform policies, as established by
Executive Order 13771, Reducing Regulation and Controlling Regulatory
Costs (January 30, 2017) and Executive Order 13777, Enforcing the
Regulatory Reform Agenda (February 24, 2017). In order to fully
implement the goal of these executive orders, SBA seeks feedback from
the public in identifying any SBA regulations that affected parties
believe impose unnecessary burdens or costs that exceed their benefits;
eliminate jobs or inhibit job creation; or are ineffective or outdated.
The Regulatory Flexibility Act requires SBA to publish in the
Federal Register a semiannual regulatory flexibility agenda describing
those rules SBA expects to consider in the next 12 months that are
likely to have a significant economic impact on a substantial number of
small entities (5 U.S.C. 602). The rules published in the Federal
Register with this notice include only those that meet this
requirement.
Additional information on these rules and on all other rulemakings
SBA expects to consider is included in the Federal Government's
complete Unified Agenda, which will be available online at
www.reginfo.gov in a format that offers users enhanced ability to
obtain information about SBA's rules from the Agenda database.
Dated: September 19, 2017.
Linda E. McMahon,
Administrator.
Small Business Administration--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
333....................... Small Business Size 3245-AG16
Standards; Alternative
Size Standard for 7(a),
504, and Disaster Loan
Programs.
------------------------------------------------------------------------
Small Business Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
334....................... Small Business Development 3245-AE05
Center Program Revisions.
335....................... Small Business HUBZone 3245-AG38
Program; Government
Contracting Programs;
Office of Hearings and
Appeals.
336....................... Women-Owned Small Business 3245-AG75
and Economically
Disadvantaged Women-Owned
Small Business--
Certification (Reg Plan
Seq No. 120).
337....................... Disaster Loan Programs; 3245-AG77
Federal Flood Risk
Management Standard.
338....................... Ownership and Control of 3245-AG85
Service-Disabled Veteran-
Owned Small Business
Concerns.
339....................... National Defense 3245-AG86
Authorization Acts of
2016 and 2017, RISE After
Disaster Act of 2015, and
Other Small Business
Government Contracting
Amendments.
340....................... Small Business Size 3245-AG88
Standards: Educational
Services; Health Care and
Social Assistance; Arts,
Entertainment and
Recreation; Accommodation
and Food Services; Other
Services.
341....................... Small Business Size 3245-AG89
Standards: Agriculture,
Forestry, Fishing and
Hunting; Mining,
Quarrying, and Oil and
Gas Extraction;
Utilities; Construction.
342....................... Small Business Size 3245-AG90
Standards: Transportation
and Warehousing;
Information; Finance and
Insurance; Real Estate
and Rental and Leasing.
343....................... Small Business Size 3245-AG91
Standards: Professional,
Scientific and Technical
Services; Management of
Companies and
Enterprises;
Administrative and
Support, Waste Management
and Remediation Services.
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
Small Business Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
344....................... Miscellaneous Amendments 3245-AF85
to Business Loan Programs
and Surety Bond Guarantee
Program.
345....................... Small Business Timber Set- 3245-AG69
Aside Program.
------------------------------------------------------------------------
[[Page 1945]]
Small Business Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
346....................... Agent Revocation and 3245-AG40
Suspension Procedures.
347....................... Small Business Investment 3245-AG67
Companies; Passive
Business Expansion &
Technical Clarifications.
------------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION (SBA)
Prerule Stage
333. Small Business Size Standards; Alternative Size Standard for 7(A),
504, and Disaster Loan Programs
E.O. 13771 Designation: Other.
Legal Authority: Pub. L. 111-240, sec. 1116
Abstract: SBA will request public comment on options to amend its
size eligibility criteria for Business Loans, certified development
company (CDC) loans under title V of the Small Business Investment Act
(504) and economic injury disaster loans (EIDL). For the SBA 7(a)
Business Loan Program and the 504 program, the eventual amendments will
provide an alternative size standard for loan applicants that do not
meet the small business size standards for their industries. The Small
Business Jobs Act of 2010 (Jobs Act) established alternative size
standards that apply to both of these programs until SBA's
Administrator establishes other alternative size standards. For the
disaster loan program, the amendments will provide an alternative size
standard for loan applicants that do not meet the Small Business Size
Standard for their industries. SBA loan program alternative size
standards do not affect other Federal Government programs, including
Federal procurement.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 01/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected].
RIN: 3245-AG16
SMALL BUSINESS ADMINISTRATION (SBA)
Proposed Rule Stage
334. Small Business Development Center Program Revisions
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 634(b)(6); 15 U.S.C. 648
Abstract: Updates the Small Business Development Center (SBDC)
program regulations by proposing to amend: (1) Procedures for approving
applications for new Host SBDCs; (2) approval procedures for travel
outside the continental U.S. and U.S. territories; (3) procedures and
requirements regarding findings and disputes resulting from financial
exams, programmatic reviews, accreditation reviews, and other SBA
oversight activities; (4) requirements for new or renewal applications
for SBDC grants, including the requirements for electronic submission
through the approved electronic Government submission facility; (5)
procedures regarding the determination to affect suspension,
termination or non-renewal of an SBDC's cooperative agreement; and (6)
provisions regarding the collection and use of the individual SBDC
client data.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 04/02/15 80 FR 17708
ANPRM Comment Period End............ 06/01/15 .......................
NPRM................................ 03/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Adriana Menchaca-Gendron, Associate Administrator
for Small Business Development Centers, Small Business Administration,
409 3rd Street SW, Washington, DC 20416, Phone: 202 205-6988, Email:
[email protected].
RIN: 3245-AE05
335. Small Business Hubzone Program; Government Contracting Programs;
Office of Hearings and Appeals
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 657a
Abstract: SBA has been reviewing its processes and procedures for
implementing the HUBZone program and has determined that several of the
regulations governing the program should be amended in order to resolve
certain issues that have arisen. As a result, the proposed rule would
constitute a comprehensive revision of part 126 of SBA's regulations to
clarify current HUBZone Program regulations, and implement various new
procedures. The amendments will make it easier for participants to
comply with the program requirements and enable them to maximize the
benefits afforded by participation. In developing this proposed rule,
SBA will focus on the principles of Executive Orders 12866, 13771 and
13563 to determine whether portions of regulations should be modified,
streamlined, expanded or repealed to make the HUBZone program more
effective and/or less burdensome on small business concerns. At the
same time, SBA will maintain a framework that helps identify and reduce
waste, fraud, and abuse in the program.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Mariana Pardo, Director, Office of HUBZone, Small
Business Administration, 409 3rd Street SW, Washington, DC 20416,
Phone: 202 205-2985, Fax: 202 481-2675, Email: [email protected].
RIN: 3245-AG38
336. Women-Owned Small Business and Economically Disadvantaged Women-
Owned Small Business--Certification
Regulatory Plan: This entry is Seq. No. 120 in part II of this
issue of the Federal Register.
RIN: 3245-AG75
337. Disaster Loan Programs; Federal Flood Risk Management Standard
E.O. 13771 Designation: Regulatory.
Legal Authority: 15 U.S.C. 634(b)(6); E.O. 11988
Abstract: This rule would describe which disaster loans are subject
to federal flood risk managements standards. It would apply to disaster
loans that meet one of the following conditions: (1) SBA funds will be
used
[[Page 1946]]
for total real estate reconstruction at the damaged site that is
located in the Special Flood Hazard Area (SFHA); (2) SBA funds will be
used for new real estate construction at a relocation site that is
located in the SFHA; or (3) SBA funds will be used for code required
elevation at the damaged site that is located in the SFHA.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alejandro Contreras, Program Analyst, Office of
Disaster Assistance, Small Business Administration, 409 Third Street
SW, Washington, DC 20416, Phone: 202 205-6674, Email:
[email protected].
RIN: 3245-AG77
338. Ownership and Control of Service-Disabled Veteran-Owned Small
Business Concerns
E.O. 13771 Designation: Other.
Legal Authority: Pub. L. 114-328, sec. 1832, 1835
Abstract: Section 1832 of the National Defense Authorization Act
for Fiscal Year 2017 (NDAA), Public Law 114-328, Dec. 23, 2016,
provides for a government-wide, uniform definition of a small business
concern owned and controlled by a service-disabled veteran. Section
1835 requires the Small Business Administration (SBA) and the
Department of Veterans Affairs (VA) to issue guidance, not later than
180 days after the date of enactment of the NDAA of 2017. The proposed
rule will propose to amend SBA's regulations to create a uniform
definition of a small business owned and controlled by a service-
disabled veteran to be used for purposes of eligibility for government
procurements by agencies other than the VA under the authority of 15
U.S.C. 657f, and by the VA for VA procurements in accordance with 38
U.S.C. 8127. These changes will include addressing ownership by an
employee stock ownership plan (ESOP) and ownership and control by a
surviving spouse. Section 1835 provides that the SBA and VA shall
provide notice and opportunity for comment for at least 60 days.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kenneth Dodds, Director, Office of Policy, Planning
and Liaison, Small Business Administration, 409 3rd Street SW,
Washington, DC 20416, Phone: 202 619-1766, Fax: 202 481-2950, Email:
[email protected].
RIN: 3245-AG85
339. National Defense Authorization Acts of 2016 and 2017, Rise After
Disaster Act of 2015, and Other Small Business Government Contracting
Amendments
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 637(d)(17); Pub. L. 114-328, sec. 1811,
1821; Pub. L. 114-92, sec. 863; Pub. L. 114-88, sec. 2105, 2108
Abstract: Section 1811 of the of the National Defense Authorization
Act (NDAA) for Fiscal Year 2017, Public Law 114-328, Dec. 23, 2016,
(NDAA) of 2017 limits the scope of review of Procurement Center
Representatives for certain Department of Defense procurements
performed outside of the United States. Section 1821 of the NDAA of
2017 establishes that failure to act in good faith in providing timely
subcontracting reports shall be considered a material breach of the
contract. Section 863 of the NDAA for FY 2016, Public Law 114-92, Nov.
25, 2015, establishes procedures for the publication of acquisition
strategies if the acquisition involves consolidation or substantial
bundling. SBA also intends to request comment on various proposed
changes requested by industry or other agencies, including those
pertaining to exclusions from calculating compliance with the
limitations on subcontracting, an agency's ability to set aside orders
under set-aside contracts, and a contracting officer's authority to
request reports on a prime contractor's compliance with the limitations
on subcontracting. Sections 2105 and 2108 of Public Law 114-88 provide
agencies with double credit when they award to a local small business
in a disaster area and provide local small businesses with access to
federal surplus property.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kenneth Dodds, Director, Office of Policy, Planning
and Liaison, Small Business Administration, 409 3rd Street SW,
Washington, DC 20416, Phone: 202 619-1766, Fax: 202 481-2950, Email:
[email protected].
RIN: 3245-AG86
340. Small Business Size Standards: Educational Services;
Health Care and Social Assistance; Arts, Entertainment and Recreation;
Accommodation and Food Services; Other Services
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a)
Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires
SBA to conduct every five years a detailed review of all size standards
and to make appropriate adjustments to reflect market conditions. As
part of the second five-year review of size standards under the Jobs
Act, in this proposed rule, SBA will evaluate size standards for all
industries in North American Industry Classification System (NAICS)
Sector 61 (Educational Services), Sector 62 (Health Care and Social
Assistance), Sector 71 (Arts, Entertainment and Recreation), Sector 72
(Accommodation and Food Services), and Sector 81 (Other Services) and
make necessary adjustments to size standards in these sectors. This is
one of a series of proposed rules that will examine groups of NAICS
sectors. SBA will apply its Size Standards Methodology to this proposed
rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected].
RIN: 3245-AG88
341. Small Business Size Standards: Agriculture, Forestry,
Fishing and Hunting; Mining, Quarrying, and Oil And Gas Extraction;
Utilities; Construction
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a)
Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires
SBA to conduct every five years a detailed review of all size standards
and to make appropriate adjustments to reflect market conditions. As
part of the second five-year review of size standards under the Jobs
Act, in this proposed rule, SBA will evaluate each industry that has a
receipts-based standard in North American Industry Classification
[[Page 1947]]
System (NAICS) Sector 11 (Agriculture, Forestry, Fishing and Hunting),
Sector 21 (Mining, Quarrying, and Oil and Gas Extraction), Sector 22
(Utilities), and Sector 23 (Construction), and make necessary
adjustments to size standards in these sectors. This is one of a series
of proposed rules that will examine groups of NAICS sectors. SBA will
apply its Size Standards Methodology to this proposed rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected].
RIN: 3245-AG89
342. Small Business Size Standards: Transportation and
Warehousing; Information; Finance and Insurance; Real Estate and Rental
and Leasing
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a)
Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires
SBA to conduct every five years a detailed review of all size standards
and to make appropriate adjustments to reflect market conditions. As
part of the second five-year review of size standards under the Jobs
Act, in this proposed rule, SBA will evaluate each industry that has a
receipts-based standard in North American Industry Classification
System (NAICS) Sector 48-49 (Transportation and Warehousing), Sector 51
(Information), Sector 52 (Finance and Insurance), and Sector 53 (Real
Estate and Rental and Leasing) and make necessary adjustments to size
standards in these sectors. This is one of a series of proposed rules
that will examine groups of NAICS sectors. SBA will apply its Size
Standards Methodology to this proposed rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected].
RIN: 3245-AG90
343. Small Business Size Standards: Professional, Scientific
and Technical Services; Management of Companies and Enterprises;
Administrative and Support, Waste Management and Remediation Services
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a)
Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires
SBA to conduct every five years a detailed review of all size standards
and to make appropriate adjustments to reflect market conditions. As
part of the second five-year review of size standards under the Jobs
Act, in this proposed rule, SBA will evaluate each industry that has a
receipts-based standard in North American Industry Classification
System (NAICS) Sector 54 (Professional, Scientific and Technical
Services), Sector 55 (Management of Companies and Enterprises), and
Sector 56 (Administrative and Support, Waste Management and Remediation
Services) and make necessary adjustments to size standards in these
sectors. This is one of a series of proposed rules that will examine
groups of NAICS sectors. SBA will apply its Size Standards Methodology
to this proposed rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected].
RIN: 3245-AG91
SMALL BUSINESS ADMINISTRATION (SBA)
Final Rule Stage
344. Miscellaneous Amendments to Business Loan Programs and Surety Bond
Guarantee Program
E.O. 13771 Designation: Deregulatory.
Legal Authority: 15 U.S.C. 636(a); 15 U.S.C. 694b
Abstract: Certain lenders have been delegated the authority to make
loan decisions without prior approval from SBA under certain
circumstances. SBA has formalized such delegated authorities in this
rule. The rule makes several minor modifications to the 504 Loan
Program and governance rules for Certified Development Company (CDC) in
a follow-on to the Final Rule: 504 and 7(a) Loan Program Updates (March
21, 2014). The rule also aligns terminology for 7(a) lenders that are
federally regulated to synchronize with existing industry requirements.
SBA is also making several other miscellaneous amendments to improve
oversight and operations of its finance programs.
This rule makes four changes to the Surety Bond Guarantee (SBG)
Program. The first changes the threshold for notification to SBA of
changes in the contract or bond amount. Second, the change requires
sureties to submit quarterly contract completion reports. Third, SBA is
increasing the eligible contract limit for the Quick Bond Application
and Agreement from $250,000 to $400,000. Finally, the rule increases
the guarantee percentage in the Preferred Surety Bond program to
reflect the statutory change made by the National Defense Authorization
Act of 2016. The guarantee percentage increases from 70 percent to 80
percent or 90 percent, depending on contract size and socioeconomic
factors currently in effect in the Prior Approval Program.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/09/16 81 FR 52595
NPRM Comment Period End............. 10/11/16 .......................
Final Rule.......................... 08/21/17 82 FR 39491
Final Rule Effective................ 09/20/17 .......................
Final Action........................ 03/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dianna L. Seaborn, Director, Office of Financial
Assistance, Small Business Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205-3645, Email:
[email protected].
RIN: 3245-AF85
345. Small Business Timber Set-Aside Program
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 631; 15 U.S.C. 644(a)
Abstract: The U.S. Small Business Administration (SBA or Agency) is
amending its Small Business Timber Set-Aside Program (the Program)
regulations. The Small Business Timber Set-Aside Program is rooted in
the Small Business Act, which tasked SBA with ensuring that small
businesses receive a fair proportion of the total
[[Page 1948]]
sales of government property. Accordingly, the Program requires Timber
sales to be set aside for small business when small business
participation falls below a certain amount. SBA considered comments
received during the Advance Notice of Proposed Rulemaking and Notice of
Proposed Rulemaking processes, including on issues such as, but not
limited to, whether the saw timber volume purchased through stewardship
timber contracts should be included in calculations, and whether the
appraisal point used in set-aside sales should be the nearest small
business mill. In addition, SBA is considering data from the timber
industry to help evaluate the current program and economic impact of
potential changes.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 03/25/15 80 FR 15697
ANPRM Comment Period End............ 05/26/15 .......................
NPRM................................ 09/27/16 81 FR 66199
NPRM Comment Period End............. 11/28/16 .......................
Final Rule.......................... 03/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: David W. Loines, Area Director, Office of
Government Contracting, Small Business Administration, 409 Third Street
SW, Washington, DC 20416, Phone: 202 205-7311, Email:
[email protected].
RIN: 3245-AG69
SMALL BUSINESS ADMINISTRATION (SBA)
Completed Actions
346. Agent Revocation and Suspension Procedures
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 634; 15 U.S.C. 642
Abstract: SBA is withdrawing this rule which proposed to establish
detailed procedures for the suspension and revocation of an Agent's
privilege to do business with the United States Small Business
Administration (SBA) within a single part of the Code of Federal
Regulations; clarify existing and related regulations as to suspension,
revocation, and debarment; and remove Office of Hearings and Appeals
jurisdiction over Agent suspensions and revocations and government-wide
debarment and suspension actions.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Withdrawn........................... 09/11/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Debra Mayer, Phone: 202 205-7577, Email:
[email protected].
RIN: 3245-AG40
347. Small Business Investment Companies; Passive Business Expansion &
Technical Clarifications
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 15 U.S.C. 681 et seq.
Abstract: The SBA revised the regulations for the Small Business
Investment Company (SBIC) program to further expand the use of Passive
Businesses and provide needed protections for SBA with regard to such
investments. SBICs are generally prohibited from investing in passive
businesses under the Small Business Investment Act of 1958 as amended
as well as by regulations. Current program regulations provided for two
exceptions that allow an SBIC to structure an investment utilizing a
passive small business as a pass-through. The first exception
identified in 107.720(b)(2) provides that an SBIC may structure an
investment utilizing two pass-through entities to make an investment
into an active business. The second exception identified in
107.720(b)(3) allows partnership SBICs with SBA prior approval to
invest in a wholly owned passive business that in turn provides
financing to an active small business only if a direct financing would
cause its investors to incur Unrelated Business Taxable Income (UBTI).
The second exception is commonly known as a blocker corporation. The
rule clarifies the first exception and further expands the second
exception, while providing additional protection to SBA from the risk
posed by passive investment structures. As part of the rule, SBA will
also make technical corrections and clarifications, including
conforming the regulation to the new ``family of funds'' statutory
provision.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 12/28/16 81 FR 95419
Final Rule Effective................ 01/27/17 .......................
Delay of Effective Date Opportunity 01/26/17 82 FR 8499
for Public Comment.
Comment Period End.................. 02/19/17 .......................
Final Rule Effective................ 03/21/17 .......................
Delay of Effective Date............. 03/21/17 82 FR 14428
Final Rule Effective................ 05/20/17 .......................
Delay of Effective Date and Request 05/02/17 82 FR 20433
for Comment.
Comment Period End.................. 06/01/17 .......................
Final Rule Effective................ 08/18/17 .......................
Final Rule and Withdrawal of Final 08/18/17 82 FR 39335
Rule.
Final Rule Effective................ 09/18/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Theresa M. Jamerson, Phone: 202 205-7563, Email:
[email protected].
RIN: 3245-AG67
[FR Doc. 2017-28235 Filed 1-11-18; 8:45 am]
BILLING CODE 8025-01-P
