Semiannual Regulatory Agenda, 27211-27216 [2018-11293]
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Vol. 83
Monday,
No. 112
June 11, 2018
Part XIX
Small Business Administration
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SMALL BUSINESS ADMINISTRATION
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.
13 CFR Ch. I
Semiannual Regulatory Agenda
U.S. Small Business
Administration (SBA).
AGENCY:
ACTION:
General
Semiannual regulatory agenda.
This semiannual Regulatory
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.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
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 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or outdated.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). Additional information on
these rules and on all other rulemakings
SBA expects to consider is included in
the Federal Government’s complete
Regulatory 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.
Linda E. McMahon,
Administrator.
SMALL BUSINESS ADMINISTRATION—PRERULE STAGE
Regulation
Identifier No.
Sequence No.
Title
191 ....................
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
192 ....................
193 ....................
194 ....................
Small Business Development Center Program Revisions ..............................................................................
Small Business HUBZone Program and Government Contracting Programs ................................................
Women-Owned Small Business and Economically Disadvantaged Women-Owned Small Business—Certification.
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.
Streamlining and Modernizing Certified Development Company Program (504 Loan Program) Corporate
Governance Requirements.
Streamlining and Modernizing the 7(a), Microloan, and 504 Loan Programs to Reduce Unnecessary Regulatory Burden.
195 ....................
196 ....................
197 ....................
198 ....................
199 ....................
200 ....................
201 ....................
3245–AE05
3245–AG38
3245–AG75
3245–AG86
3245–AG88
3245–AG89
3245–AG90
3245–AG91
3245–AG97
3245–AG98
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SMALL BUSINESS ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
202 ....................
203 ....................
Small Business Timber Set-Aside Program ....................................................................................................
Ownership and Control of Service-Disabled Veteran-Owned Small Business Concerns ...............................
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3245–AG85
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27213
SMALL BUSINESS ADMINISTRATION—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
204 ....................
205 ....................
Miscellaneous Amendments to Business Loan Programs and Surety Bond Guarantee Program .................
Disaster Loan Programs; Federal Flood Risk Management Standard ...........................................................
SMALL BUSINESS ADMINISTRATION
(SBA)
SMALL BUSINESS ADMINISTRATION
(SBA)
Prerule Stage
Proposed Rule Stage
191. Small Business Size Standards;
Alternative Size Standard for 7(A), 504,
and Disaster Loan Programs
192. 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 ...............
ANPRM Comment
Period End.
NPRM ..................
03/22/18
05/21/18
FR Cite
83 FR 12506
12/00/18
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 electronic submission
through the approved electronic
Government submission facility; (5)
procedures regarding the determination
to affect suspension, termination or nonrenewal of an SBDC’s cooperative
agreement; and (6) provisions regarding
the collection and use of the individual
SBDC client data.
Timetable:
Action
ANPRM .........
ANPRM Comment Period
End ............
NPRM ...........
Date
04/02/15
06/01/15
07/00/18
193. Small Business Hubzone Program
and Government Contracting Programs
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
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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
FR Cite
Business Administration, 409 Third
Street SW, Washington, DC 20416,
80 FR 17708
Phone: 202 205–2985, Fax: 202 481–
2675, Email: mariana.pardo@sba.gov.
RIN: 3245–AG38
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Adriana MenchacaGendron, Associate Administrator for
Small Business Development Centers,
Small Business Administration, 409
Third Street SW, Washington, DC
20416, Phone: 202 205–6988, Email:
adriana.menchaca-gendron@sba.gov.
RIN: 3245–AE05
PO 00000
3245–AF85
3245–AG77
194. Women-Owned Small Business
and Economically Disadvantaged
Women-Owned Small BusinessCertification
E.O. 13771 Designation: Other.
Legal Authority: Pub. L. 113–291, sec.
825; 15 U.S.C. 637(m)
Abstract: Section 825 of the National
Defense Authorization Act for Fiscal
Year 2015 (NDAA), Public Law 113–
291, 128 Stat. 3292, Dec. 19, 2014,
included language requiring that
women-owned small business concerns
and economically disadvantaged
women-owned small business concerns
are certified by a Federal agency, a State
government, the Administrator, or
national certifying entity approved by
the Administrator as a small business
concern owned and controlled by
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women. This rule will propose the
standards and procedures for
participation in this certification
program. This rule will also propose to
revise the procedures for continuing
eligibility, program examinations,
protest and appeals. The proposed
revisions will reflect public comments
that SBA received in response to the
Advanced Notice of Proposed
Rulemaking that the agency issued in
December 2016 to solicit feedback on
implementation of the program. Finally,
SBA is planning to continue to utilize
new technology to improve its
efficiency and decrease small business
burdens, and therefore, the new
certification procedures will be based
on an electronic application and
certification process.
Timetable:
Action
Date
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
12/18/15
02/16/16
FR Cite
80 FR 78984
05/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kenneth Dodds,
Director, Office of Policy, Planning and
Liaison, Small Business Administration,
409 Third Street SW, Washington, DC
20416, Phone: 202 619–1766, Fax: 202
481–2950, Email: kenneth.dodds@
sba.gov.
RIN: 3245–AG75
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195. 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, sec. 1821;
Pub. L. 114–92, sec. 863; Pub. L. 114–
88, sec. 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
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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.
Section 2108 of Public Law 114–88
provide agencies with double credit
when they award to a local small
business in a disaster area.
Timetable:
Action
Date
NPRM ..................
FR Cite
05/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kenneth Dodds,
Director, Office of Policy, Planning and
Liaison, Small Business Administration,
409 Third Street SW, Washington, DC
20416, Phone: 202 619–1766, Fax: 202
481–2950, Email: kenneth.dodds@
sba.gov.
RIN: 3245–AG86
196. 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
NPRM ..................
FR Cite
09/00/18
Regulatory Flexibility Analysis
Required: Yes.
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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
197. 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
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
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–AG89
198. 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
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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
NPRM ..................
FR Cite
09/00/18
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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–AG90
199. 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
NPRM ..................
FR Cite
09/00/18
Regulatory Flexibility Analysis
Required: Yes.
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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
200. • Streamlining and Modernizing
Certified Development Company
Program (504 Loan Program) Corporate
Governance Requirements
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 695 et seq.
Abstract: On August 15, 2017, the
U.S. Small Business Administration
(SBA) published a request for
information seeking input from the
public on SBA regulations that should
be repealed, replaced, or modified
because they are obsolete, unnecessary,
ineffective, or burdensome (82 FR
38617). As a part of that initiative, SBA
intends to conduct a review of its
existing regulations to identify ways to
improve and streamline the corporate
governance requirements in the 504
loan program. SBA intends to issue a
proposed rule reflecting these changes
in Fiscal Year 2018.
Timetable:
Action
Date
NPRM ..................
FR Cite
06/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Linda Reilly, Chief,
504 Loan Program, Small Business
Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205–
9949, Email: linda.reilly@sba.gov.
RIN: 3245–AG97
201. • Streamlining and Modernizing
The 7(A), Microloan, and 504 Loan
Programs To Reduce Unnecessary
Regulatory Burden
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 636(a); 15
U.S.C. 636(m); 15 U.S.C. 695 et seq.
Abstract: On August 15, 2017, the
U.S. Small Business Administration
(SBA) published a request for
information seeking input from the
public on SBA regulations that should
be repealed, replaced, or modified
because they are obsolete, unnecessary,
ineffective, or burdensome (82 FR
38617). SBA reviewed all comments
received regarding the 7(a), Microloan,
and 504 loan programs and is
conducting a review of its existing
regulations to identify ways to improve
and streamline regulations and lower
costs. SBA intends to issue a proposed
rule reflecting these changes in Fiscal
Year 2018.
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Timetable:
Action
NPRM ..................
Date
FR Cite
06/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Linda Reilly, Chief,
504 Loan Program, Small Business
Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205–
9949, Email: linda.reilly@sba.gov.
RIN: 3245–AG98
SMALL BUSINESS ADMINISTRATION
(SBA)
Final Rule Stage
202. Small Business Timber Set-Aside
Program
E.O. 13771 Designation: Regulatory.
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
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
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Date
FR Cite
03/25/15
05/26/15
80 FR 15697
09/27/16
11/28/16
81 FR 66199
08/00/18
Regulatory Flexibility Analysis
Required: Yes.
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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
203. Ownership and Control of ServiceDisabled Veteran-Owned Small
Business Concerns
E.O. 13771 Designation: Other.
Legal Authority: Pub. L. 114–328, sec.
1832, sec. 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 rule will 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.
Timetable:
Action
Date
NPRM ..................
Comment Period
End.
Final Rule ............
01/29/18
03/30/18
FR Cite
83 FR 4005
07/00/18
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kenneth Dodds,
Director, Office of Policy, Planning and
Liaison, Small Business Administration,
409 Third Street SW, Washington, DC
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21:21 Jun 08, 2018
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20416, Phone: 202 619–1766, Fax: 202
481–2950, Email: kenneth.dodds@
sba.gov.
RIN: 3245–AG85
currently in effect in the Prior Approval
Program.
Completed:
Reason
SMALL BUSINESS ADMINISTRATION
(SBA)
Completed Actions
204. 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. 694(b)
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
PO 00000
Frm 00006
Fmt 4701
Sfmt 9990
Final Rule ............
Final Rule Effective.
Date
08/21/17
09/20/17
FR Cite
82 FR 39491
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Dianna L. Seaborn,
Phone: 202 205–3645, Email:
dianna.seaborn@sba.gov.
RIN: 3245–AF85
205. Disaster Loan Programs; Federal
Flood Risk Management Standard
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 15 U.S.C. 634(b)(6);
E.O. 11988
Abstract: Due to the revocation of
Executive Order 11988, SBA is
withdrawing this rule which would
have described which disaster loans
were to be subject to federal flood risk
managements standards. It would have
applied to disaster loans that met one of
the following conditions: (1) SBA funds
used for total real estate reconstruction
at the damaged site that is located in the
Special Flood Hazard Area (SFHA); (2)
SBA funds used for new real estate
construction at a relocation site that is
located in the SFHA; or (3) SBA funds
used for code required elevation at the
damaged site that is located in the
SFHA.
Completed:
Reason
Withdrawn ...........
Date
FR Cite
03/26/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Alejandro Contreras,
Phone: 202 205–6674, Email:
alejandro.contreras@sba.gov.
RIN: 3245–AG77
[FR Doc. 2018–11293 Filed 6–8–18; 8:45 am]
BILLING CODE 8025–01–P
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]]>Agencies
[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Unknown Section]
[Pages 27211-27216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11293]
[[Page 27211]]
Vol. 83
Monday,
No. 112
June 11, 2018
Part XIX
Small Business Administration
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 83 , No. 112 / Monday, June 11, 2018 /
Unified Agenda
[[Page 27212]]
-----------------------------------------------------------------------
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 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.
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). Additional information on these rules
and on all other rulemakings SBA expects to consider is included in the
Federal Government's complete Regulatory 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.
Linda E. McMahon,
Administrator.
Small Business Administration--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
191....................... 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.
------------------------------------------------------------------------
192....................... Small Business Development 3245-AE05
Center Program Revisions.
193....................... Small Business HUBZone 3245-AG38
Program and Government
Contracting Programs.
194....................... Women-Owned Small Business 3245-AG75
and Economically
Disadvantaged Women-Owned
Small Business--
Certification.
195....................... National Defense 3245-AG86
Authorization Acts of
2016 and 2017, RISE After
Disaster Act of 2015, and
Other Small Business
Government Contracting
Amendments.
196....................... Small Business Size 3245-AG88
Standards: Educational
Services; Health Care and
Social Assistance; Arts,
Entertainment and
Recreation; Accommodation
and Food Services; Other
Services.
197....................... Small Business Size 3245-AG89
Standards: Agriculture,
Forestry, Fishing and
Hunting; Mining,
Quarrying, and Oil and
Gas Extraction;
Utilities; Construction.
198....................... Small Business Size 3245-AG90
Standards: Transportation
and Warehousing;
Information; Finance and
Insurance; Real Estate
and Rental and Leasing.
199....................... Small Business Size 3245-AG91
Standards: Professional,
Scientific and Technical
Services; Management of
Companies and
Enterprises;
Administrative and
Support, Waste Management
and Remediation Services.
200....................... Streamlining and 3245-AG97
Modernizing Certified
Development Company
Program (504 Loan
Program) Corporate
Governance Requirements.
201....................... Streamlining and 3245-AG98
Modernizing the 7(a),
Microloan, and 504 Loan
Programs to Reduce
Unnecessary Regulatory
Burden.
------------------------------------------------------------------------
Small Business Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
202....................... Small Business Timber Set- 3245-AG69
Aside Program.
203....................... Ownership and Control of 3245-AG85
Service-Disabled Veteran-
Owned Small Business
Concerns.
------------------------------------------------------------------------
[[Page 27213]]
Small Business Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
204....................... Miscellaneous Amendments 3245-AF85
to Business Loan Programs
and Surety Bond Guarantee
Program.
205....................... Disaster Loan Programs; 3245-AG77
Federal Flood Risk
Management Standard.
------------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION (SBA)
Prerule Stage
191. 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............................... 03/22/18 83 FR 12506
ANPRM Comment Period End............ 05/21/18 .......................
NPRM................................ 12/00/18 .......................
------------------------------------------------------------------------
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
192. 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 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....................................... 07/00/18
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Adriana Menchaca-Gendron, Associate Administrator
for Small Business Development Centers, Small Business Administration,
409 Third Street SW, Washington, DC 20416, Phone: 202 205-6988, Email:
[email protected].
RIN: 3245-AE05
193. Small Business Hubzone Program and Government Contracting Programs
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 Third Street SW, Washington, DC 20416,
Phone: 202 205-2985, Fax: 202 481-2675, Email: [email protected].
RIN: 3245-AG38
194. Women-Owned Small Business and Economically Disadvantaged Women-
Owned Small Business-Certification
E.O. 13771 Designation: Other.
Legal Authority: Pub. L. 113-291, sec. 825; 15 U.S.C. 637(m)
Abstract: Section 825 of the National Defense Authorization Act for
Fiscal Year 2015 (NDAA), Public Law 113-291, 128 Stat. 3292, Dec. 19,
2014, included language requiring that women-owned small business
concerns and economically disadvantaged women-owned small business
concerns are certified by a Federal agency, a State government, the
Administrator, or national certifying entity approved by the
Administrator as a small business concern owned and controlled by
[[Page 27214]]
women. This rule will propose the standards and procedures for
participation in this certification program. This rule will also
propose to revise the procedures for continuing eligibility, program
examinations, protest and appeals. The proposed revisions will reflect
public comments that SBA received in response to the Advanced Notice of
Proposed Rulemaking that the agency issued in December 2016 to solicit
feedback on implementation of the program. Finally, SBA is planning to
continue to utilize new technology to improve its efficiency and
decrease small business burdens, and therefore, the new certification
procedures will be based on an electronic application and certification
process.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 12/18/15 80 FR 78984
ANPRM Comment Period End............ 02/16/16 .......................
NPRM................................ 05/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kenneth Dodds, Director, Office of Policy, Planning
and Liaison, Small Business Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 619-1766, Fax: 202 481-2950, Email:
[email protected].
RIN: 3245-AG75
195. 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,
sec. 1821; Pub. L. 114-92, sec. 863; Pub. L. 114-88, sec. 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. Section 2108 of Public Law 114-88 provide agencies
with double credit when they award to a local small business in a
disaster area.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kenneth Dodds, Director, Office of Policy, Planning
and Liaison, Small Business Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 619-1766, Fax: 202 481-2950, Email:
[email protected].
RIN: 3245-AG86
196. 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
197. 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
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
198. 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
[[Page 27215]]
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
199. 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
200. Streamlining and Modernizing Certified Development
Company Program (504 Loan Program) Corporate Governance Requirements
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 695 et seq.
Abstract: On August 15, 2017, the U.S. Small Business
Administration (SBA) published a request for information seeking input
from the public on SBA regulations that should be repealed, replaced,
or modified because they are obsolete, unnecessary, ineffective, or
burdensome (82 FR 38617). As a part of that initiative, SBA intends to
conduct a review of its existing regulations to identify ways to
improve and streamline the corporate governance requirements in the 504
loan program. SBA intends to issue a proposed rule reflecting these
changes in Fiscal Year 2018.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Linda Reilly, Chief, 504 Loan Program, Small
Business Administration, 409 Third Street SW, Washington, DC 20416,
Phone: 202 205-9949, Email: [email protected].
RIN: 3245-AG97
201. Streamlining and Modernizing The 7(A), Microloan, and 504
Loan Programs To Reduce Unnecessary Regulatory Burden
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 636(a); 15 U.S.C. 636(m); 15 U.S.C. 695
et seq.
Abstract: On August 15, 2017, the U.S. Small Business
Administration (SBA) published a request for information seeking input
from the public on SBA regulations that should be repealed, replaced,
or modified because they are obsolete, unnecessary, ineffective, or
burdensome (82 FR 38617). SBA reviewed all comments received regarding
the 7(a), Microloan, and 504 loan programs and is conducting a review
of its existing regulations to identify ways to improve and streamline
regulations and lower costs. SBA intends to issue a proposed rule
reflecting these changes in Fiscal Year 2018.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Linda Reilly, Chief, 504 Loan Program, Small
Business Administration, 409 Third Street SW, Washington, DC 20416,
Phone: 202 205-9949, Email: [email protected].
RIN: 3245-AG98
SMALL BUSINESS ADMINISTRATION (SBA)
Final Rule Stage
202. Small Business Timber Set-Aside Program
E.O. 13771 Designation: Regulatory.
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 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.......................... 08/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
[[Page 27216]]
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
203. Ownership and Control of Service-Disabled Veteran-Owned Small
Business Concerns
E.O. 13771 Designation: Other.
Legal Authority: Pub. L. 114-328, sec. 1832, sec. 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 rule will
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.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/29/18 83 FR 4005
Comment Period End.................. 03/30/18 .......................
Final Rule.......................... 07/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kenneth Dodds, Director, Office of Policy, Planning
and Liaison, Small Business Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 619-1766, Fax: 202 481-2950, Email:
[email protected].
RIN: 3245-AG85
SMALL BUSINESS ADMINISTRATION (SBA)
Completed Actions
204. 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. 694(b)
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.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 08/21/17 82 FR 39491
Final Rule Effective................ 09/20/17
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dianna L. Seaborn, Phone: 202 205-3645, Email:
[email protected].
RIN: 3245-AF85
205. Disaster Loan Programs; Federal Flood Risk Management Standard
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 15 U.S.C. 634(b)(6); E.O. 11988
Abstract: Due to the revocation of Executive Order 11988, SBA is
withdrawing this rule which would have described which disaster loans
were to be subject to federal flood risk managements standards. It
would have applied to disaster loans that met one of the following
conditions: (1) SBA funds used for total real estate reconstruction at
the damaged site that is located in the Special Flood Hazard Area
(SFHA); (2) SBA funds used for new real estate construction at a
relocation site that is located in the SFHA; or (3) SBA funds used for
code required elevation at the damaged site that is located in the
SFHA.
Completed:
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Reason Date FR Cite
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Withdrawn........................... 03/26/18 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alejandro Contreras, Phone: 202 205-6674, Email:
[email protected].
RIN: 3245-AG77
[FR Doc. 2018-11293 Filed 6-8-18; 8:45 am]
BILLING CODE 8025-01-P
