Semiannual Regulatory Agenda, 58093-58097 [2018-24165]
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Vol. 83
Friday,
No. 222
November 16, 2018
Part XIX
Small Business Administration
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Semiannual Regulatory Agenda
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Federal Register / Vol. 83, No. 222 / Friday, November 16, 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). This summary
information is intended to enable the
public to be more aware of, and
effectively participate in, SBA’s
regulatory and deregulatory activities.
Accordingly, 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.
SUMMARY:
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.
SUPPLEMENTARY INFORMATION: The
Regulatory Flexibility Act (RFA)
requires SBA to publish in the Federal
Register a semiannual regulatory
flexibility agenda describing those
Agency rules that are likely to have a
significant economic impact on a
substantial number of small entities (5
U.S.C. 602). The summary information
published in the Federal Register is
limited to those rules. Additional
information regarding all of the
rulemakings SBA expects to consider in
the next 12 months 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.
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 affected
parties believe impose unnecessary
burdens or costs that exceed their
benefits; eliminate jobs or inhibit job
creation; or are ineffective or outdated.
Dated: July 27, 2018.
Linda E. McMahon,
Administrator.
SMALL BUSINESS ADMINISTRATION—PROPOSED RULE STAGE
Sequence No.
370
371
372
373
....................
....................
....................
....................
374 ....................
375 ....................
376 ....................
377 ....................
378 ....................
379 ....................
380 ....................
Regulation
Identifier No.
Title
Small Business Development Center Program Revisions ..............................................................................
Small Business Size Standards; Alternative Size Standard for 7(a), 504, and Disaster Loan Programs ......
Small Business HUBZone Program and Government Contracting Programs (Reg Plan Seq No. 157) .......
Women-Owned Small Business and Economically Disadvantaged Women-Owned Small Business—Certification (Reg Plan Seq No. 158).
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.
3245–AE05
3245–AG16
3245–AG38
3245–AG75
3245–AG86
3245–AG88
3245–AG89
3245–AG90
3245–AG91
3245–AG97
3245–AG98
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
Identifier No.
Sequence No.
Title
381 ....................
Small Business Timber Set-Aside Program ....................................................................................................
3245–AG69
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SMALL BUSINESS ADMINISTRATION—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
382 ....................
Ownership and Control of Service-Disabled Veteran-Owned Small Business Concerns ...............................
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Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda
SMALL BUSINESS ADMINISTRATION
(SBA)
Proposed Rule Stage
370. 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 nonrenewal 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
03/00/19
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371. 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
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Action
Date
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
372. Small Business Hubzone Program
and Government Contracting Programs
Regulatory Plan: This entry is Seq.
No. 157 in part II of this issue of the
Federal Register.
RIN: 3245–AG38
373. Women-Owned Small Business
and Economically Disadvantaged
Women-Owned Small Business—
Certification
Regulatory Plan: This entry is Seq.
No. 158 in part II of this issue of the
Federal Register.
RIN: 3245–AG75
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Bruce D. Purdy,
Deputy Associate Administrator for
Small Business Development Centers,
Small Business Administration, 409
Third Street SW, Washington, DC
20416, Phone: 202 205–7532, Email:
bruce.purdy@sba.gov.
RIN: 3245–AE05
VerDate Sep<11>2014
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:
374. 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 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
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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
provides agencies with double credit
when they award to a local small
business in a disaster area.
Timetable:
Action
NPRM ..................
Date
FR Cite
10/00/18
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
375. 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
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Size Standards Methodology to this
proposed rule.
Timetable:
Action
Date
NPRM ..................
FR Cite
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–AG88
376. 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
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NPRM ..................
FR Cite
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–AG89
377. Small Business Size Standards:
Transportation and Warehousing;
Information; Finance and Insurance;
Real Estate and Rental and Leasing
E.O. 13771 Designation: Other.
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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
NPRM ..................
FR Cite
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–AG90
378. 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
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will apply its Size Standards
Methodology to this proposed rule.
Timetable:
Action
NPRM ..................
Date
FR Cite
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–AG91
379. 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: SBA is proposing to
simplify, streamline, and update SBA’s
regulations relating to CDC operational
and organizational requirements in
order to improve efficiencies and
achieve costs savings without
compromising performance in the 504
Loan Program. The proposed changes
include lowering the number of
directors required for the CDC’s Board;
clarifying that members of the Board
must live or work in the CDC’s Area of
Operations; eliminating the requirement
that one Board member represent the
economic, community or workforce
development fields; eliminating the
requirement that limits the number of
Board members in the commercial
lending field to less than 50 percent of
the Board; increasing the 504 loan
portfolio balance above which each CDC
must have its financial statements
audited annually by a certified public
accountant, resulting in increased
savings to CDCs without creating undue
risk; eliminating the requirement that a
Multi-State CDC establish a Loan
Committee in each State into which it
expands; allowing a CDC to make a 504
loan outside its Area of Operation to an
affiliate of a business that the CDC
previously assisted; allowing CDCs that
participate in the Premier Certified
Lenders Program to base the balance it
is required to maintain in its Loan Loss
Reserve Fund on a declining balance
methodology instead of the original
principal amount; and allowing CDCs to
provide greater assistance to each other
than currently authorized under certain
circumstances.
Timetable:
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Action
Date
NPRM ..................
SMALL BUSINESS ADMINISTRATION
(SBA)
FR Cite
11/00/18
380. 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: SBA is proposing to
streamline the regulations in part 120 of
chapter 13 of the Code of Federal
Regulations that apply to the 7(a),
Microloan, and 504 Loan Programs by
eliminating the provisions that are
obsolete, ineffective or unnecessary. The
proposed changes include removing
regulations related to programs that are
either no longer in effect or have not
been funded for many years, such as
America’s Recovery Capital Loan
Program, direct loans, or a veteran’s
loan program; and clarifying the factors
that SBA will consider when seeking
the appointment of a receiver and the
scope of the receivership with respect to
Certified Development Companies,
Small Business Lending Companies,
and Non-Federally Regulated Lenders.
Timetable:
Date
NPRM ..................
FR Cite
11/00/18
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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
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20:47 Nov 15, 2018
RIN: 3245–AG69
Final Rule Stage
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
Action
58097
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381. 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
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
Frm 00005
Completed Actions
382. 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.
Completed:
Reason
Final Rule ............
Final Rule Effective.
Date
09/28/18
10/01/18
FR Cite
83 FR 48908
07/00/19
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.
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(SBA)
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kenneth Dodds,
Phone: 202 619–1766, Fax: 202 481–
2950, Email: kenneth.dodds@sba.gov.
RIN: 3245–AG85
[FR Doc. 2018–24165 Filed 11–15–18; 8:45 am]
BILLING CODE 8025–01–P
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]]>Agencies
[Federal Register Volume 83, Number 222 (Friday, November 16, 2018)]
[Unknown Section]
[Pages 58093-58097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24165]
[[Page 58093]]
Vol. 83
Friday,
No. 222
November 16, 2018
Part XIX
Small Business Administration
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 83 , No. 222 / Friday, November 16, 2018 /
Unified Agenda
[[Page 58094]]
-----------------------------------------------------------------------
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). This summary
information is intended to enable the public to be more aware of, and
effectively participate in, SBA's regulatory and deregulatory
activities. Accordingly, 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: The Regulatory Flexibility Act (RFA)
requires SBA to publish in the Federal Register a semiannual regulatory
flexibility agenda describing those Agency rules that are likely to
have a significant economic impact on a substantial number of small
entities (5 U.S.C. 602). The summary information published in the
Federal Register is limited to those rules. Additional information
regarding all of the rulemakings SBA expects to consider in the next 12
months 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.
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 affected parties believe impose unnecessary burdens or
costs that exceed their benefits; eliminate jobs or inhibit job
creation; or are ineffective or outdated.
Dated: July 27, 2018.
Linda E. McMahon,
Administrator.
Small Business Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
370....................... Small Business Development 3245-AE05
Center Program Revisions.
371....................... Small Business Size 3245-AG16
Standards; Alternative
Size Standard for 7(a),
504, and Disaster Loan
Programs.
372....................... Small Business HUBZone 3245-AG38
Program and Government
Contracting Programs (Reg
Plan Seq No. 157).
373....................... Women-Owned Small Business 3245-AG75
and Economically
Disadvantaged Women-Owned
Small Business--
Certification (Reg Plan
Seq No. 158).
374....................... National Defense 3245-AG86
Authorization Acts of
2016 and 2017, RISE After
Disaster Act of 2015, and
Other Small Business
Government Contracting
Amendments.
375....................... Small Business Size 3245-AG88
Standards: Educational
Services; Health Care and
Social Assistance; Arts,
Entertainment and
Recreation; Accommodation
and Food Services; Other
Services.
376....................... Small Business Size 3245-AG89
Standards: Agriculture,
Forestry, Fishing and
Hunting; Mining,
Quarrying, and Oil and
Gas Extraction;
Utilities; Construction.
377....................... Small Business Size 3245-AG90
Standards: Transportation
and Warehousing;
Information; Finance and
Insurance; Real Estate
and Rental and Leasing.
378....................... Small Business Size 3245-AG91
Standards: Professional,
Scientific and Technical
Services; Management of
Companies and
Enterprises;
Administrative and
Support, Waste Management
and Remediation Services.
379....................... Streamlining and 3245-AG97
Modernizing Certified
Development Company
Program (504 Loan
Program) Corporate
Governance Requirements.
380....................... Streamlining and 3245-AG98
Modernizing the 7(a),
Microloan, and 504 Loan
Programs to Reduce
Unnecessary Regulatory
Burden.
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
381....................... Small Business Timber Set- 3245-AG69
Aside Program.
------------------------------------------------------------------------
Small Business Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
382....................... Ownership and Control of 3245-AG85
Service-Disabled Veteran-
Owned Small Business
Concerns.
------------------------------------------------------------------------
[[Page 58095]]
SMALL BUSINESS ADMINISTRATION (SBA)
Proposed Rule Stage
370. 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................................ 03/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Bruce D. Purdy, Deputy Associate Administrator for
Small Business Development Centers, Small Business Administration, 409
Third Street SW, Washington, DC 20416, Phone: 202 205-7532, Email:
[email protected].
RIN: 3245-AE05
371. 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
372. Small Business Hubzone Program and Government Contracting Programs
Regulatory Plan: This entry is Seq. No. 157 in part II of this
issue of the Federal Register.
RIN: 3245-AG38
373. Women-Owned Small Business and Economically Disadvantaged Women-
Owned Small Business--Certification
Regulatory Plan: This entry is Seq. No. 158 in part II of this
issue of the Federal Register.
RIN: 3245-AG75
374. 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 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 provides agencies
with double credit when they award to a local small business in a
disaster area.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/00/18 .......................
------------------------------------------------------------------------
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
375. 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
[[Page 58096]]
Size Standards Methodology to this proposed rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
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-AG88
376. 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................................ 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-AG89
377. 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................................ 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-AG90
378. 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................................ 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-AG91
379. 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: SBA is proposing to simplify, streamline, and update
SBA's regulations relating to CDC operational and organizational
requirements in order to improve efficiencies and achieve costs savings
without compromising performance in the 504 Loan Program. The proposed
changes include lowering the number of directors required for the CDC's
Board; clarifying that members of the Board must live or work in the
CDC's Area of Operations; eliminating the requirement that one Board
member represent the economic, community or workforce development
fields; eliminating the requirement that limits the number of Board
members in the commercial lending field to less than 50 percent of the
Board; increasing the 504 loan portfolio balance above which each CDC
must have its financial statements audited annually by a certified
public accountant, resulting in increased savings to CDCs without
creating undue risk; eliminating the requirement that a Multi-State CDC
establish a Loan Committee in each State into which it expands;
allowing a CDC to make a 504 loan outside its Area of Operation to an
affiliate of a business that the CDC previously assisted; allowing CDCs
that participate in the Premier Certified Lenders Program to base the
balance it is required to maintain in its Loan Loss Reserve Fund on a
declining balance methodology instead of the original principal amount;
and allowing CDCs to provide greater assistance to each other than
currently authorized under certain circumstances.
Timetable:
[[Page 58097]]
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/18 .......................
------------------------------------------------------------------------
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
380. 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: SBA is proposing to streamline the regulations in part
120 of chapter 13 of the Code of Federal Regulations that apply to the
7(a), Microloan, and 504 Loan Programs by eliminating the provisions
that are obsolete, ineffective or unnecessary. The proposed changes
include removing regulations related to programs that are either no
longer in effect or have not been funded for many years, such as
America's Recovery Capital Loan Program, direct loans, or a veteran's
loan program; and clarifying the factors that SBA will consider when
seeking the appointment of a receiver and the scope of the receivership
with respect to Certified Development Companies, Small Business Lending
Companies, and Non-Federally Regulated Lenders.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/18 .......................
------------------------------------------------------------------------
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
381. 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 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.......................... 07/00/19 .......................
------------------------------------------------------------------------
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]sba.gov.
RIN: 3245-AG69
SMALL BUSINESS ADMINISTRATION (SBA)
Completed Actions
382. 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.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 09/28/18 83 FR 48908
Final Rule Effective................ 10/01/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kenneth Dodds, Phone: 202 619-1766, Fax: 202 481-
2950, Email: [email protected].
RIN: 3245-AG85
[FR Doc. 2018-24165 Filed 11-15-18; 8:45 am]
BILLING CODE 8025-01-P
