Semiannual Regulatory Agenda, 71207-71212 [2019-26574]
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Vol. 84
Thursday,
No. 247
December 26, 2019
Part XX
Small Business Administration
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Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / UA: Reg Flex 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.
Christopher Pilkerton,
Acting Administrator.
SMALL BUSINESS ADMINISTRATION—PRERULE STAGE
Regulation
Identifier No.
Sequence No.
Title
344 ....................
345 ....................
346 ....................
8(a) Business Development (Section 610 Review) .......................................................................................
Government Contracting Programs (Section 610 Review) ............................................................................
HUBZone Program (Section 610 Review) .....................................................................................................
3245–AH19
3245–AH20
3245–AH21
SMALL BUSINESS ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
347 ....................
348 ....................
Small Business Development Center Program Revisions ..............................................................................
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.
Small Business Size Standards: Manufacturing and Industries With Employee Based Size Standards in
Other Sectors Except Wholesale Trade and Retail Trade.
Small Business Size Standards: Wholesale Trade and Retail Trade .............................................................
349 ....................
350 ....................
351 ....................
352 ....................
353 ....................
3245–AE05
3245–AG88
3245–AG89
3245–AG90
3245–AG91
3245–AH09
3245–AH10
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SMALL BUSINESS ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
354 ....................
355 ....................
Small Business Timber Set-Aside Program ....................................................................................................
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: Calculation of Annual Average Receipts ....................................................
Small Business Size Standards: Adjustment of Monetary Based Size Standards for Inflation ......................
356 ....................
357 ....................
3245–AG69
3245–AG86
3245–AH16
3245–AH17
SMALL BUSINESS ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
358 ....................
Small Business Size Standards; Alternative Size Standard for 7(a), 504, and Disaster Loan Programs ......
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SMALL BUSINESS ADMINISTRATION
(SBA)
Prerule Stage
344. • 8(a) Business Development
(Section 610 Review)
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 637
Abstract: On June 30, 1998 (63 FR
35739), SBA promulgated a rulemaking
establishing eligibility requirements for
participation in the 8(a) Business
Development and Federal Small
Disadvantaged Business programs, and
application, certification, and protest
procedures, among other things. Certain
sections within the rule may have been
subsequently amended. The current
requirements are codified in the Code of
Federal Regulations at 13 CFR part 124.
In developing this rule, SBA performed
a Regulatory Flexibility Analysis, which
indicated the rule could have a
significant impact on a substantial
number of small entities. SBA then used
this analysis to develop the rule in such
a way that mitigated small entity impact
to the extent possible while still
fulfilling SBA’s statutory mandates.
SBA is now initiating a review of this
rule under section 610 of the Regulatory
Flexibility Act to determine if the rule
should be continued without change, or
should be amended or rescinded, to
minimize adverse economic impacts on
small entities. In the course of the
review, SBA will consider the following
factors: (1) The continued need for the
rule; (2) the comments received
concerning the rule; (3) the complexity
of the rule; (4) the extent to which the
rule overlaps, duplicates, or conflicts
with Federal, State, or local government
rules; and (5) the degree to which
technology, economic conditions, or
other factors have changed in the area
affected by the rule. SBA will solicit
comments. Comments may be submitted
through www.regulations.gov, referring
to RIN 3245–AH19, and must be
submitted on or before January 2, 2020.
Timetable:
Action
Date
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Begin Review ......
End Review .........
12/00/19
01/00/20
20:14 Dec 23, 2019
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Action
Date
Begin Review ......
End Review .........
FR Cite
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Brenda J. Fernandez,
Procurement Analyst, Small Business
Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205–
7337, Email: brenda.fernandez@sba.gov.
RIN: 3245–AH19
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345. • Government Contracting
Programs (Section 610 Review)
E.O. 13771 Designation: Other.
Legal Authority: Regulatory
Flexibility Act, 5 U.S.C. 610; 15 U.S.C.
634; 15 U.S.C. 637; 15 U.S.C. 644
Abstract: On January 31, 1996 (61 FR
3312), SBA promulgated a rulemaking
identifying requirements for four
Government contracting assistance
programs: Prime contracting assistance,
subcontracting assistance, Government
property sales assistance, and the
Certificate of Competency program.
Certain sections within the rule may
have been subsequently amended. The
current requirements are codified in the
Code of Federal Regulations at 13 CFR
part 125. In developing this rule, SBA
performed a Regulatory Flexibility
Analysis, which indicated the rule
could have a significant impact on a
substantial number of small entities.
SBA then used this analysis to develop
the rule in such a way that mitigated
small entity impact to the extent
possible while still fulfilling the
programs’ statutory mandates. SBA is
now initiating a review of this rule
under section 610 of the Regulatory
Flexibility Act to determine if the rule
should be continued without change, or
should be amended or rescinded, to
minimize adverse economic impacts on
small entities. In the course of the
review, SBA will consider the following
factors: (1) The continued need for the
rule; (2) the comments received
concerning the rule; (3) the complexity
of the rule; (4) the extent to which the
rule overlaps, duplicates, or conflicts
with Federal, State, or local government
rules; and (5) the degree to which
technology, economic conditions, or
other factors have changed in the area
affected by the rule. SBA will solicit
comments. Comments may be submitted
through www.regulations.gov, referring
to RIN 3245–AH20, and must be
submitted on or before January 2, 2020.
Timetable:
FR Cite
12/00/19
01/00/20
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Brenda J. Fernandez,
Procurement Analyst, Small Business
Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205–
7337, Email: brenda.fernandez@sba.gov.
RIN: 3245–AH20
Legal Authority: Regulatory
Flexibility Act, 5 U.S.C. 610; 15 U.S.C.
632; 15 U.S.C. 657a
Abstract: On June 11, 1998 (63 FR
31908), SBA promulgated a rulemaking
establishing eligibility requirements for
qualified HUBZone small business
concerns, procedures for certification
program examinations and protests, and
provisions relating to HUBZone
contracts, among other things. Certain
sections within the rule may have been
subsequently amended. The current
requirements are codified in the Code of
Federal Regulations at 13 CFR part 126.
In developing this rule, SBA performed
a Regulatory Flexibility Analysis, which
indicated the rule could have a
significant impact on a substantial
number of small entities. SBA then used
this analysis to develop the rule in such
a way that mitigated small entity impact
to the extent possible while still
fulfilling SBA’s statutory mandates.
SBA is now initiating a review of this
rule under section 610 of the Regulatory
Flexibility Act to determine if the rule
should be amended or rescinded to
minimize adverse economic impacts on
small entities. In the course of the
review, SBA will consider the following
factors: (1) The continued need for the
rule; (2) the comments received
concerning the rule; (3) the complexity
of the rule; (4) the extent to which the
rule overlaps, duplicates, or conflicts
with Federal, State, or local government
rules; and (5) the degree to which
technology, economic conditions, or
other factors have changed in the area
affected by the rule. SBA will solicit
comments. Comments may be submitted
through www.regulations.gov, referring
to RIN 3245–AH21, and must be
submitted on or before January 2, 2020.
Timetable:
Action
Begin Review ......
End Review .........
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Date
FR Cite
12/00/19
01/00/20
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Brenda J. Fernandez,
Procurement Analyst, Small Business
Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205–
7337, Email: brenda.fernandez@sba.gov.
RIN: 3245–AH21
346. • HUBZone Program (Section 610
Review)
E.O. 13771 Designation: Other.
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SMALL BUSINESS ADMINISTRATION
(SBA)
Proposed Rule Stage
347. 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: This rule proposes to update
the Small Business Development Center
(SBDC) program regulations by
proposing to amend: (1) Procedures for
approving applications when a new
Lead SBDC center is selected; (2)
procedures and requirements regarding
findings and disputes resulting from
financial exams, programmatic reviews,
accreditation reviews, and other SBA
oversight activities; (3) requirements for
new or renewal applications for SBDC
grants, including electronic submission
through the approved electronic
Government submission facility; (4)
procedures regarding the determination
to affect suspension, termination or nonrenewal of an SBDC’s cooperative
agreement; and (5) 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
03/00/20
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Rachel NewmanKarton, Program Manager, Small
Business Administration, 409 3rd Street
SW, Washington, DC 20416, Phone: 202
619–1816, Email: rachel.newmankarton@sba.gov.
RIN: 3245–AE05
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348. 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),
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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
01/00/20
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
349. 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
NPRM ..................
FR Cite
12/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Dr. Khem Raj
Sharma, Chief, Office of Size Standards,
Small Business Administration, 409
Third Street SW, Washington, DC
20416, Phone: 202 205–7189, Fax: 202
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205–6390, Email: khem.sharma@
sba.gov.
RIN: 3245–AG89
350. 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
NPRM ..................
Date
FR Cite
01/00/20
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
351. 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,
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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
01/00/20
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
352. Small Business Size Standards:
Manufacturing and Industries With
Employee Based Size Standards in
Other Sectors Except Wholesale Trade
and Retail Trade
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
5-year review of size standards under
the Jobs Act, in this proposed rule, SBA
will evaluate all industries in North
American Industry Classification
System (NAICS) Sector 31–33
(Manufacturing) and industries with
employee based size standards in other
sectors except Wholesale Trade and
Retail Trade and make necessary
adjustments to their size standards. This
is one of a series of proposed rules that
will examine groups of NAICS sectors.
SBA will apply its revised Size
Standards Methodology, which is
available on its website at https://
www.sba.gov/size, to this proposed rule.
Timetable:
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Action
Date
NPRM ..................
FR Cite
05/00/20
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Dr. Khem Raj
Sharma, Chief, Office of Size Standards,
Small Business Administration, 409
Third Street SW, Washington, DC
20416, Phone: 202 205–7189, Fax: 202
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205–6390, Email: khem.sharma@
sba.gov.
RIN: 3245–AH09
353. Small Business Size Standards:
Wholesale Trade and Retail Trade
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
5-year review of size standards under
the Jobs Act, in this proposed rule, SBA
will evaluate all industries in North
American Industry Classification
System (NAICS) Sector 42 (Wholesale
Trade) and Sector 44–45 (Retail Trade)
and make necessary adjustments to their
size standards. This is one of a series of
proposed rules that will examine groups
of NAICS sectors. SBA will apply its
revised Size Standards Methodology,
which is available on its website at
https://www.sba.gov/size, to this
proposed rule.
Timetable:
Action
Date
NPRM ..................
FR Cite
05/00/20
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–AH10
SMALL BUSINESS ADMINISTRATION
(SBA)
Final Rule Stage
354. 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
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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
03/00/20
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: David W. Loines,
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
355. 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: Regulatory.
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,
December 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, November
25, 2015, establishes procedures for the
publication of acquisition strategies if
the acquisition involves consolidation
or substantial bundling. This rule also
addresses changes requested by industry
or other agencies, including those
pertaining to exclusions from
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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
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NPRM ..................
NPRM Comment
Period End.
Final Action .........
12/04/18
02/04/19
FR Cite
83 FR 62516
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
06/24/19
08/23/19
FR Cite
84 FR 29399
11/00/19
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–AH16
357. Small Business Size Standards:
Adjustment of Monetary Based Size
Standards for Inflation
Regulatory Flexibility Analysis
E.O. 13771 Designation: Deregulatory.
Required: Yes.
Legal Authority: 15 U.S.C. 632(a)
Agency Contact: Dr. Khem Raj
Abstract: In this interim final rule, the
Sharma, Chief, Office of Size Standards,
U.S. Small Business Administration
Small Business Administration, 409
(SBA or Agency) adjusts all monetary
Third Street SW, Washington, DC
based industry size standards (i.e.,
20416, Phone: 202 205–7189, Fax: 202
receipts, assets, net worth, and net
205–6390, Email: khem.sharma@
income) for inflation since the last
sba.gov.
adjustment in 2014. In accordance with
RIN: 3245–AG86
its regulations in 13 CFR 121.102(c),
356. Small Business Size Standards:
SBA is required to review the effects of
Calculation of Annual Average Receipts inflation on its monetary standards at
E.O. 13771 Designation: Other.
least once every five years and adjust
Legal Authority: 15 U.S.C. 632(a); Pub. them, if necessary. In addition, the
L. 115–32
Small Business Jobs Act of 2010 (Jobs
Abstract: On December 17, 2018, the
Act) also requires SBA to conduct every
President signed the Small Business
five years a detailed review of all size
Runway Extension Act (Pub. L. 115–32), standards and to make appropriate
which amended section 3(a)(2)(C)(ii)(II)
adjustments to reflect market
of the Small Business Act (15 U.S.C.
conditions. This action will restore the
632(a)(2)(C)(ii)(II)) by changing
small business eligibility of businesses
calculating average annual receipts for
that have lost that status due to
size standard purposes. This rulemaking inflation.
is to implement the new law by
Timetable:
changing the period for calculating
Action
Date
FR Cite
annual average revenue receipts for
receipts based size standards from three
Interim Final Rule
07/18/19 84 FR 34261
(3) years to five (5) years in 13 CFR
Interim Final Rule
08/19/19
121.104.
Effective.
The Small Business Act (15 U.S.C.
Interim Final Rule
09/16/19
632(a)) delegates to SBA’s Administrator
Comment Pethe responsibility for establishing,
riod End.
reviewing, and updating small business Final Action ......... 12/00/19
definitions, commonly referred to as
Regulatory Flexibility Analysis
size standards. The Small Business
Required: Yes.
Runway Extension Act amended the
Agency Contact: Dr. Khem Raj
Small Business Act, changing the period
Sharma, Chief, Office of Size Standards,
for calculating average annual receipts
Small Business Administration, 409
from three (3) years to five (5) years.
Third Street SW, Washington, DC
Timetable:
VerDate Sep<11>2014
11/00/19
20:14 Dec 23, 2019
Jkt 250001
PO 00000
Frm 00006
20416, Phone: 202 205–7189, Fax: 202
205–6390, Email: khem.sharma@
sba.gov.
RIN: 3245–AH17
Fmt 4701
Sfmt 9990
SMALL BUSINESS ADMINISTRATION
(SBA)
Long-Term Actions
358. 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 propose
amendments 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 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
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
Date
03/22/18
05/21/18
FR Cite
83 FR 12506
12/00/20
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Khem Raj Sharma,
Phone: 202 205–7189, Fax: 202 205–
6390, Email: khem.sharma@sba.gov.
RIN: 3245–AG16
[FR Doc. 2019–26574 Filed 12–23–19; 8:45 am]
BILLING CODE 8025–01–P
E:\FR\FM\26DEP20.SGM
26DEP20
]]>Agencies
[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Unknown Section]
[Pages 71207-71212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26574]
[[Page 71207]]
Vol. 84
Thursday,
No. 247
December 26, 2019
Part XX
Small Business Administration
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 84 , No. 247 / Thursday, December 26, 2019 /
UA: Reg Flex Agenda
[[Page 71208]]
-----------------------------------------------------------------------
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.
Christopher Pilkerton,
Acting Administrator.
Small Business Administration--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
344....................... 8(a) Business Development 3245-AH19
(Section 610 Review).
345....................... Government Contracting 3245-AH20
Programs (Section 610
Review).
346....................... HUBZone Program (Section 3245-AH21
610 Review).
------------------------------------------------------------------------
Small Business Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
347....................... Small Business Development 3245-AE05
Center Program Revisions.
348....................... Small Business Size 3245-AG88
Standards: Educational
Services; Health Care and
Social Assistance; Arts,
Entertainment and
Recreation; Accommodation
and Food Services; Other
Services.
349....................... Small Business Size 3245-AG89
Standards: Agriculture,
Forestry, Fishing and
Hunting; Mining,
Quarrying, and Oil and
Gas Extraction;
Utilities; Construction.
350....................... Small Business Size 3245-AG90
Standards: Transportation
and Warehousing;
Information; Finance and
Insurance; Real Estate
and Rental and Leasing.
351....................... Small Business Size 3245-AG91
Standards: Professional,
Scientific and Technical
Services; Management of
Companies and
Enterprises;
Administrative and
Support, Waste Management
and Remediation Services.
352....................... Small Business Size 3245-AH09
Standards: Manufacturing
and Industries With
Employee Based Size
Standards in Other
Sectors Except Wholesale
Trade and Retail Trade.
353....................... Small Business Size 3245-AH10
Standards: Wholesale
Trade and Retail Trade.
------------------------------------------------------------------------
Small Business Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
354....................... Small Business Timber Set- 3245-AG69
Aside Program.
355....................... National Defense 3245-AG86
Authorization Acts of
2016 and 2017, RISE After
Disaster Act of 2015, and
Other Small Business
Government Contracting
Amendments.
356....................... Small Business Size 3245-AH16
Standards: Calculation of
Annual Average Receipts.
357....................... Small Business Size 3245-AH17
Standards: Adjustment of
Monetary Based Size
Standards for Inflation.
------------------------------------------------------------------------
Small Business Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
358....................... Small Business Size 3245-AG16
Standards; Alternative
Size Standard for 7(a),
504, and Disaster Loan
Programs.
------------------------------------------------------------------------
[[Page 71209]]
SMALL BUSINESS ADMINISTRATION (SBA)
Prerule Stage
344. 8(a) Business Development (Section 610 Review)
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 637
Abstract: On June 30, 1998 (63 FR 35739), SBA promulgated a
rulemaking establishing eligibility requirements for participation in
the 8(a) Business Development and Federal Small Disadvantaged Business
programs, and application, certification, and protest procedures, among
other things. Certain sections within the rule may have been
subsequently amended. The current requirements are codified in the Code
of Federal Regulations at 13 CFR part 124. In developing this rule, SBA
performed a Regulatory Flexibility Analysis, which indicated the rule
could have a significant impact on a substantial number of small
entities. SBA then used this analysis to develop the rule in such a way
that mitigated small entity impact to the extent possible while still
fulfilling SBA's statutory mandates. SBA is now initiating a review of
this rule under section 610 of the Regulatory Flexibility Act to
determine if the rule should be continued without change, or should be
amended or rescinded, to minimize adverse economic impacts on small
entities. In the course of the review, SBA will consider the following
factors: (1) The continued need for the rule; (2) the comments received
concerning the rule; (3) the complexity of the rule; (4) the extent to
which the rule overlaps, duplicates, or conflicts with Federal, State,
or local government rules; and (5) the degree to which technology,
economic conditions, or other factors have changed in the area affected
by the rule. SBA will solicit comments. Comments may be submitted
through www.regulations.gov, referring to RIN 3245-AH19, and must be
submitted on or before January 2, 2020.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Begin Review........................ 12/00/19
End Review.......................... 01/00/20
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Brenda J. Fernandez, Procurement Analyst, Small
Business Administration, 409 Third Street SW, Washington, DC 20416,
Phone: 202 205-7337, Email: [email protected].
RIN: 3245-AH19
345. Government Contracting Programs (Section 610 Review)
E.O. 13771 Designation: Other.
Legal Authority: Regulatory Flexibility Act, 5 U.S.C. 610; 15
U.S.C. 634; 15 U.S.C. 637; 15 U.S.C. 644
Abstract: On January 31, 1996 (61 FR 3312), SBA promulgated a
rulemaking identifying requirements for four Government contracting
assistance programs: Prime contracting assistance, subcontracting
assistance, Government property sales assistance, and the Certificate
of Competency program. Certain sections within the rule may have been
subsequently amended. The current requirements are codified in the Code
of Federal Regulations at 13 CFR part 125. In developing this rule, SBA
performed a Regulatory Flexibility Analysis, which indicated the rule
could have a significant impact on a substantial number of small
entities. SBA then used this analysis to develop the rule in such a way
that mitigated small entity impact to the extent possible while still
fulfilling the programs' statutory mandates. SBA is now initiating a
review of this rule under section 610 of the Regulatory Flexibility Act
to determine if the rule should be continued without change, or should
be amended or rescinded, to minimize adverse economic impacts on small
entities. In the course of the review, SBA will consider the following
factors: (1) The continued need for the rule; (2) the comments received
concerning the rule; (3) the complexity of the rule; (4) the extent to
which the rule overlaps, duplicates, or conflicts with Federal, State,
or local government rules; and (5) the degree to which technology,
economic conditions, or other factors have changed in the area affected
by the rule. SBA will solicit comments. Comments may be submitted
through www.regulations.gov, referring to RIN 3245-AH20, and must be
submitted on or before January 2, 2020.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Begin Review........................ 12/00/19
End Review.......................... 01/00/20
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Brenda J. Fernandez, Procurement Analyst, Small
Business Administration, 409 Third Street SW, Washington, DC 20416,
Phone: 202 205-7337, Email: [email protected].
RIN: 3245-AH20
346. HUBZone Program (Section 610 Review)
E.O. 13771 Designation: Other.
Legal Authority: Regulatory Flexibility Act, 5 U.S.C. 610; 15
U.S.C. 632; 15 U.S.C. 657a
Abstract: On June 11, 1998 (63 FR 31908), SBA promulgated a
rulemaking establishing eligibility requirements for qualified HUBZone
small business concerns, procedures for certification program
examinations and protests, and provisions relating to HUBZone
contracts, among other things. Certain sections within the rule may
have been subsequently amended. The current requirements are codified
in the Code of Federal Regulations at 13 CFR part 126. In developing
this rule, SBA performed a Regulatory Flexibility Analysis, which
indicated the rule could have a significant impact on a substantial
number of small entities. SBA then used this analysis to develop the
rule in such a way that mitigated small entity impact to the extent
possible while still fulfilling SBA's statutory mandates. SBA is now
initiating a review of this rule under section 610 of the Regulatory
Flexibility Act to determine if the rule should be amended or rescinded
to minimize adverse economic impacts on small entities. In the course
of the review, SBA will consider the following factors: (1) The
continued need for the rule; (2) the comments received concerning the
rule; (3) the complexity of the rule; (4) the extent to which the rule
overlaps, duplicates, or conflicts with Federal, State, or local
government rules; and (5) the degree to which technology, economic
conditions, or other factors have changed in the area affected by the
rule. SBA will solicit comments. Comments may be submitted through
www.regulations.gov, referring to RIN 3245-AH21, and must be submitted
on or before January 2, 2020.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Begin Review........................ 12/00/19
End Review.......................... 01/00/20
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Brenda J. Fernandez, Procurement Analyst, Small
Business Administration, 409 Third Street SW, Washington, DC 20416,
Phone: 202 205-7337, Email: [email protected].
RIN: 3245-AH21
[[Page 71210]]
SMALL BUSINESS ADMINISTRATION (SBA)
Proposed Rule Stage
347. 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: This rule proposes to update the Small Business
Development Center (SBDC) program regulations by proposing to amend:
(1) Procedures for approving applications when a new Lead SBDC center
is selected; (2) procedures and requirements regarding findings and
disputes resulting from financial exams, programmatic reviews,
accreditation reviews, and other SBA oversight activities; (3)
requirements for new or renewal applications for SBDC grants, including
electronic submission through the approved electronic Government
submission facility; (4) procedures regarding the determination to
affect suspension, termination or non-renewal of an SBDC's cooperative
agreement; and (5) 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................................ 03/00/20
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Rachel Newman-Karton, Program Manager, Small
Business Administration, 409 3rd Street SW, Washington, DC 20416,
Phone: 202 619-1816, Email: [email protected].
RIN: 3245-AE05
348. 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................................ 01/00/20
------------------------------------------------------------------------
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
349. 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................................ 12/00/19
------------------------------------------------------------------------
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
350. 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................................ 01/00/20
------------------------------------------------------------------------
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
351. 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,
[[Page 71211]]
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................................ 01/00/20
------------------------------------------------------------------------
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
352. Small Business Size Standards: Manufacturing and Industries With
Employee Based Size Standards in Other Sectors Except Wholesale Trade
and Retail Trade
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 5-year review of size standards under the Jobs Act,
in this proposed rule, SBA will evaluate all industries in North
American Industry Classification System (NAICS) Sector 31-33
(Manufacturing) and industries with employee based size standards in
other sectors except Wholesale Trade and Retail Trade and make
necessary adjustments to their size standards. This is one of a series
of proposed rules that will examine groups of NAICS sectors. SBA will
apply its revised Size Standards Methodology, which is available on its
website at https://www.sba.gov/size, to this proposed rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/20
------------------------------------------------------------------------
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-AH09
353. Small Business Size Standards: Wholesale Trade and Retail Trade
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 5-year review of size standards under the Jobs Act,
in this proposed rule, SBA will evaluate all industries in North
American Industry Classification System (NAICS) Sector 42 (Wholesale
Trade) and Sector 44-45 (Retail Trade) and make necessary adjustments
to their size standards. This is one of a series of proposed rules that
will examine groups of NAICS sectors. SBA will apply its revised Size
Standards Methodology, which is available on its website at https://www.sba.gov/size, to this proposed rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/20
------------------------------------------------------------------------
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-AH10
SMALL BUSINESS ADMINISTRATION (SBA)
Final Rule Stage
354. 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.......................... 03/00/20
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: David W. Loines, 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
355. 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: Regulatory.
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, December 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,
November 25, 2015, establishes procedures for the publication of
acquisition strategies if the acquisition involves consolidation or
substantial bundling. This rule also addresses changes requested by
industry or other agencies, including those pertaining to exclusions
from
[[Page 71212]]
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................................ 12/04/18 83 FR 62516
NPRM Comment Period End............. 02/04/19
Final Action........................ 11/00/19
------------------------------------------------------------------------
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-AG86
356. Small Business Size Standards: Calculation of Annual Average
Receipts
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a); Pub. L. 115-32
Abstract: On December 17, 2018, the President signed the Small
Business Runway Extension Act (Pub. L. 115-32), which amended section
3(a)(2)(C)(ii)(II) of the Small Business Act (15 U.S.C.
632(a)(2)(C)(ii)(II)) by changing calculating average annual receipts
for size standard purposes. This rulemaking is to implement the new law
by changing the period for calculating annual average revenue receipts
for receipts based size standards from three (3) years to five (5)
years in 13 CFR 121.104.
The Small Business Act (15 U.S.C. 632(a)) delegates to SBA's
Administrator the responsibility for establishing, reviewing, and
updating small business definitions, commonly referred to as size
standards. The Small Business Runway Extension Act amended the Small
Business Act, changing the period for calculating average annual
receipts from three (3) years to five (5) years.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/24/19 84 FR 29399
NPRM Comment Period End............. 08/23/19
Final Action........................ 11/00/19
------------------------------------------------------------------------
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-AH16
357. Small Business Size Standards: Adjustment of Monetary Based Size
Standards for Inflation
E.O. 13771 Designation: Deregulatory.
Legal Authority: 15 U.S.C. 632(a)
Abstract: In this interim final rule, the U.S. Small Business
Administration (SBA or Agency) adjusts all monetary based industry size
standards (i.e., receipts, assets, net worth, and net income) for
inflation since the last adjustment in 2014. In accordance with its
regulations in 13 CFR 121.102(c), SBA is required to review the effects
of inflation on its monetary standards at least once every five years
and adjust them, if necessary. In addition, the Small Business Jobs Act
of 2010 (Jobs Act) also requires SBA to conduct every five years a
detailed review of all size standards and to make appropriate
adjustments to reflect market conditions. This action will restore the
small business eligibility of businesses that have lost that status due
to inflation.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 07/18/19 84 FR 34261
Interim Final Rule Effective........ 08/19/19
Interim Final Rule Comment Period 09/16/19
End.
Final Action........................ 12/00/19
------------------------------------------------------------------------
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-AH17
SMALL BUSINESS ADMINISTRATION (SBA)
Long-Term Actions
358. 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 propose amendments 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 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................................ 12/00/20
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Khem Raj Sharma, Phone: 202 205-7189, Fax: 202 205-
6390, Email: [email protected].
RIN: 3245-AG16
[FR Doc. 2019-26574 Filed 12-23-19; 8:45 am]
BILLING CODE 8025-01-P
