Organizational Changes and Conforming Amendments, 66561 [C1-2019-25847]
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66561
Rules and Regulations
Federal Register
Vol. 84, No. 234
Thursday, December 5, 2019
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 1, 2, 37, 40, 50, 51, 52,
55, 71, 72, 73, 74, 100, 140, and 150
[NRC–2019–0170]
RIN 3150–AK37
Organizational Changes and
Conforming Amendments
Correction
In rule document 2019–25847,
appearing on pages 65639 through
65646, in the issue of Friday, November
29, 2019 make the following correction:
On page 65639, in the third column,
in the DATES section, on the second line,
‘‘December 30, 2020’’ should read
‘‘December 30, 2019’’.
[FR Doc. C1–2019–25847 Filed 12–4–19; 8:45 am]
BILLING CODE 1300–01–D
SMALL BUSINESS ADMINISTRATION
13 CFR Part 121
RIN 3245–AH16
Small Business Size Standards:
Calculation of Annual Average
Receipts
U.S. Small Business
Administration.
ACTION: Final rule.
AGENCY:
The U.S. Small Business
Administration (SBA or Agency) is
modifying its method for calculating
average annual receipts used to
prescribe size standards for small
businesses. Specifically, in accordance
with the Small Business Runway
Extension Act of 2018, SBA is changing
its regulations on the calculation of
average annual receipts for all of SBA’s
receipts-based size standards, and for
other agencies’ proposed receipts-based
size standards, from a 3-year averaging
period to a 5-year averaging period,
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SUMMARY:
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outside of the SBA Business Loan and
Disaster Loan Programs. SBA intends to
seek comment on the Business Loan and
Disaster Loan Programs in a proposed
rule through a separate rulemaking. For
all other programs, SBA adopts a
transition period through January 6,
2022, during which firms may choose
between using a 3-year averaging period
and a 5-year averaging period.
DATES: This rule is effective January 6,
2020.
FOR FURTHER INFORMATION CONTACT:
Khem R. Sharma, Ph.D., Chief, Office of
Size Standards, (202) 205–6618 or
sizestandards@sba.gov.
SUPPLEMENTARY INFORMATION:
Background Information
Public Law 115–324 (the ‘‘Small
Business Runway Extension Act of
2018’’) amended section 3(a)(2)(C)(ii)(II)
of the Small Business Act, 15 U.S.C.
632(a)(2)(C)(ii)(II), to modify the
requirements for proposed small
business size standards prescribed by an
agency without separate statutory
authority to issue size standards.
Under section 3(a)(2)(C)(ii) of the
Small Business Act, as amended, an
agency without separate statutory
authority to issue size standards must
satisfy three requirements to prescribe a
size standard. First, the agency must
propose the size standard with an
opportunity for public notice and
comment. Second, the agency must
provide for determining the size of a
manufacturing concern based on a 12month average of the concern’s
employment, the size of a services
concern based on a 5-year average of
gross receipts, and the size of another
business concern on the basis of data of
not less than 3 years. Third, the agency
must obtain approval of the
contemplated size standard from the
SBA Administrator.
In contrast to agencies subject to
section 3(a)(2)(C), SBA has independent
statutory authority to issue size
standards. Under section 3(a)(2)(A) of
the Small Business Act, the SBA
Administrator may specify detailed
definitions or standards by which a
business concern may be determined to
be a small business concern for the
purposes of SBA’s programs or any
other Federal Government program.
Section 3(a)(2)(B) of the Small Business
Act further provides that such
definitions may utilize the number of
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employees, dollar volume of business,
net worth, net income, a combination
thereof, or other appropriate factors. To
determine eligibility for Federal small
business assistance, SBA establishes
detailed size definitions for small
businesses (usually referred to as ‘‘size
standards’’) that vary from industry to
industry reflecting differences among
the various industries. SBA typically
uses two primary measures of business
size for size standards purposes: (i)
Average annual gross receipts for
businesses in services, retail trade,
agricultural, and construction
industries, and (ii) average number of
employees for businesses in all
manufacturing, most mining and
utilities industries, and some
transportation, information and research
and development (R&D) industries. SBA
uses financial assets for certain financial
industries and refining capacity, in
addition to employees, for the
petroleum refining industry to measure
business size standards purposes.
The SBA’s size standards are used to
establish eligibility for a variety of
Federal small business assistance
programs, including for Federal
Government contracting and business
development programs designed to
assist small businesses in obtaining
Federal contracts and for SBA’s loan
guarantee programs, which provide
access to capital for small businesses
that are unable to qualify for and receive
conventional loans elsewhere. The
Federal Government contracting
programs that use SBA’s size standards
include the SBA’s 8(a) Business
Development (BD) program, the
Historically Underutilized Business
Zones (HUBZone) program, the Service
Disabled Veteran-Owned Small
Business (SDVOSB) program, the
Women-Owned Small Business (WOSB)
program, and the Economically
Disadvantaged Women-Owned Small
Business (EDWOSB) program. SBA’s
Small Business Investment Company
(SBIC), Certified Development Company
(CDC/504), and 7(a) loan programs use
either the industry-based size standards
or tangible net worth and net income
based alternative size standards to
determine eligibility for those programs.
SBA has long interpreted section
3(a)(2)(C) of the Small Business Act as
not applying to SBA’s size standards
issued under section 3(a)(2)(A). In the
preambles to the proposed and final
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]]>Agencies
[Federal Register Volume 84, Number 234 (Thursday, December 5, 2019)]
[Rules and Regulations]
[Page 66561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: C1-2019-25847]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 84, No. 234 / Thursday, December 5, 2019 /
Rules and Regulations
[[Page 66561]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, 100,
140, and 150
[NRC-2019-0170]
RIN 3150-AK37
Organizational Changes and Conforming Amendments
Correction
In rule document 2019-25847, appearing on pages 65639 through
65646, in the issue of Friday, November 29, 2019 make the following
correction:
On page 65639, in the third column, in the DATES section, on the
second line, ``December 30, 2020'' should read ``December 30, 2019''.
[FR Doc. C1-2019-25847 Filed 12-4-19; 8:45 am]
BILLING CODE 1300-01-D
