Semiannual Regulatory Agenda, 16972-16976 [2021-04708]
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16972
Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda
SMALL BUSINESS ADMINISTRATION
13 CFR Ch. I
Semiannual Regulatory Agenda
U.S. Small Business
Administration (SBA).
AGENCY:
ACTION:
Semiannual regulatory agenda.
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.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
General
Please direct general comments or
inquiries to K. Bundy, U.S. Small
Business Administration, 409 Third
Street SW, Washington, DC 20416, (202)
205–6585, kabundy@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 unified
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creation; or are ineffective or outdated.
Tami Perriello,
Acting Administrator.
SMALL BUSINESS ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
342 ....................
343 ....................
Small Business Size Standards; Alternative Size Standard for 7(a), 504, and Disaster Loan Programs ......
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 and 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 .............................................................
National Defense Authorization Act of 2020, Credit for Lower Tier Subcontracting and Other Amendments
(Reg Plan Seq No. 120).
344 ....................
345 ....................
346 ....................
347 ....................
348 ....................
3245–AG16
3245–AG89
3245–AG90
3245–AG91
3245–AH09
3245–AH10
3245–AH28
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
349 ....................
Small Business Size Standards: Educational Services; Health Care and Social Assistance; Arts, Entertainment and Recreation; Accommodation and Food Services; Other Services.
SBA Supervised Lenders Application Process ................................................................................................
Small Business Size Standards: Adjustment of Monetary Based Size Standards for Inflation ......................
350 ....................
351 ....................
3245–AG88
3245–AH04
3245–AH17
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SMALL BUSINESS ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
352 ....................
353 ....................
354 ....................
Small Business Development Center Program Revisions ..............................................................................
Small Business Timber Set-Aside Program ....................................................................................................
Small Business Size Standards: Calculation of Average Annual Receipts in Business Loan, Disaster
Loan, and Small Business Investment Company Programs.
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SMALL BUSINESS ADMINISTRATION—COMPLETED ACTIONS
Title
355 ....................
356 ....................
357 ....................
8(a) Business Development (Completion of a Section 610 Review) ...........................................................
Government Contracting Programs (Completion of a Section 610 Review) ...............................................
HUBZone Program (Completion of a Section 610 Review) ........................................................................
SMALL BUSINESS ADMINISTRATION
(SBA)
Proposed Rule Stage
342. 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
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
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Regulation
Identifier No.
Sequence No.
03/22/18
05/21/18
FR Cite
83 FR 12506
05/00/21
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Dr. Khem Raj
Sharma, Chief, Office of Size Standards,
Small Business Administration, 409
Third Street SW, Washington, DC
20416, Phone: 202 205–7189, Fax: 202
205–6390, Email: khem.sharma@sba.gov
RIN: 3245–AG16
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343. 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 ..................
NPRM Comment
Period End.
Final Rule ............
FR Cite
10/02/20
12/01/20
I
09/00/21
85 FR 62239
I
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
344. 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
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3245–AH19
3245–AH20
3245–AH21
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 ..................
NPRM Comment
Period End.
Final Rule ............
Date
10/02/20
12/01/20
I
FR Cite
85 FR 62372
09/00/21
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
345. Small Business Size Standards:
Professional, Scientific and Technical
Services; Management of Companies
and Enterprises; Administrative and
Support and 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
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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 ..................
NPRM Comment
Period End.
Final Rule ............
FR Cite
11/13/20
01/12/21
I
07/00/21
85 FR 72584
I
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
346. 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
05/00/21
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
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20416, Phone: 202 205–7189, Fax: 202
205–6390, Email: khem.sharma@
sba.gov.
RIN: 3245–AH09
347. 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
05/00/21
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
348. National Defense Authorization
Act of 2020, Credit for Lower Tier
Subcontracting and Other Amendments
Regulatory Plan: This entry is Seq.
No. 120 in part II of this issue of the
Federal Register.
RIN: 3245–AH28
SMALL BUSINESS ADMINISTRATION
(SBA)
Final Rule Stage
349. 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
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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
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Date
11/27/20
01/26/21
I
FR Cite
85 FR 76390
10/00/21
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
350. SBA Supervised Lenders
Application Process
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(r)
Abstract: SBA Supervised Lenders
include Small Business Lending
Companies (SBLCs) and Non-Federally
Regulated Lenders (NFRLs). This rule
aims to enhance the process for
organizations seeking to participate as
SBLCs or NFRLs in the 7(a) Loan
Program and to clarify the factors SBA
will consider in evaluating SBA
Supervised Lender applications. An
SBLC is a non-depository lending
institution that is authorized by SBA to
make loans pursuant to section 7(a) of
the Small Business Act and to
Intermediaries in SBA’s Microloan
Program. An SBLC is regulated,
supervised, and examined solely by
SBA. SBA imposed a moratorium on
licensing new SBLCs in 1982. There are
currently 14 SBLCs with full authority
to make 7(a) loans up to the maximum
amount of $5 million and other SBLCs
with more limited authority to make
7(a) loans. SBLCs are subject to SBA
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regulations regarding their formation,
capitalization, and enforcement actions.
To operate as an SBLC with full
authority, an organization must acquire
the existing SBLC lending authority
held by an SBLC. Non-Federally
Regulated Lenders (NFRLs) are also
authorized by the SBA to make loans
under section 7(a). Unlike SBLCs,
NFRLs are subject to regulation by a
state; however, SBA is the sole federal
regulator for these entities. This rule
will also cover the application process
for these NFRLs.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
01/13/20
03/13/20
FR Cite
85 FR 1783
05/00/21
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Susan Streich,
Director of Credit Risk Management,
Small Business Administration, 409
Third Street SW, Washington, DC
20416, Phone: 202 205–6641, Email:
susan.streich@sba.gov.
RIN: 3245–AH04
351. Small Business Size Standards:
Adjustment of Monetary Based Size
Standards for Inflation
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E.O. 13771 Designation: Deregulatory.
Legal Authority: 15 U.S.C. 632(a)
Abstract: In this 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
Interim Final Rule
Interim Final Rule
Effective.
Interim Final Rule
Comment Period End.
Final Action .........
VerDate Sep<11>2014
07/18/19
08/19/19
FR Cite
84 FR 34261
09/16/19
05/00/21
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Dr. Khem Raj
Sharma, Chief, Office of Size Standards,
Small Business Administration, 409
Third Street SW, Washington, DC
20416, Phone: 202 205–7189, Fax: 202
205–6390, Email: khem.sharma@
sba.gov.
RIN: 3245–AH17
SMALL BUSINESS ADMINISTRATION
(SBA)
Long-Term Actions
352. Small Business Development
Center Program Revisions
E.O. 13771 Designation: Deregulatory.
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 ..................
FR Cite
04/02/15
06/01/15
I
11/00/21
80 FR 17708
I
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Rachel Newman–
Karton, Phone: 202 619–1816, Email:
rachel.newman-karton@sba.gov.
RIN: 3245–AE05
353. 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
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16975
Small Business Act, which tasked SBA
with ensuring that small businesses
receive a fair proportion of the total
sales of government property.
Accordingly, the Program requires
Timber sales to be set aside for small
business when small business
participation falls below a certain
amount. SBA considered comments
received during the Advance Notice of
Proposed Rulemaking and Notice of
Proposed Rulemaking processes,
including on issues such as, but not
limited to, whether the saw timber
volume purchased through stewardship
timber contracts should be included in
calculations, and whether the appraisal
point used in set-aside sales should be
the nearest small business mill. In
addition, SBA is considering data from
the timber industry to help evaluate the
current program and economic impact
of potential changes.
Timetable:
Action
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Date
FR Cite
03/25/15
05/26/15
80 FR 15697
09/27/16
11/28/16
81 FR 66199
11/00/21
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: David W. Loines,
Phone: 202 431–0472, Email:
david.loines@sba.gov.
RIN: 3245–AG69
354. Small Business Size Standards:
Calculation of Average Annual Receipts
in Business Loan, Disaster Loan, and
Small Business Investment Company
Programs
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a)(2);
Pub. L. 115–324
Abstract: The Small Business Runway
Extension Act, Public Law 115–324,
amended the Small Business Act to
provide for calculation of average
annual receipts using a 5-year average,
rather than the prior 3-year average, in
defined circumstances. For firms subject
to SBA’s receipt-based size standards
(generally, service-industry,
construction, and agricultural firms), a
lengthened averaging period permits
firms with increasing revenues to stay
eligible for small business benefits for
longer. In RIN 3245–AH16, SBA
implemented the Small Business
Runway Extension Act in programs
other than SBA’s loan programs—
including SBA’s procurement
programs—and SBA issued its final rule
in that first rulemaking on December 5,
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2019 (84 FR 66561). This second
rulemaking would consider how to
address the Small Business Runway
Extension Act in SBA’s business loan,
disaster loan, and SBIC programs.
Timetable:
Action
Date
NPRM ..................
Action
Comment Period
End.
End Review .........
FR Cite
11/00/21
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–AH26
SMALL BUSINESS ADMINISTRATION
(SBA)
Completed Actions
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355. 8(A) Business Development
(Completion of a Section 610 Review)
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 15 U.S.C. 637
Abstract: Under part 124, 8(a)
Business Development/Small
Disadvantaged Business Status
Determinations, SBA has promulgated
several rules that the Agency certified
would have a significant economic
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act. These rules
established eligibility requirements for
participation in the 8(a) programs and
application, certification, and protest
procedures, among other things. SBA
reviewed these rules under section 610
of the Regulatory Flexibility Act to
determine if the rules 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 considered 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 solicited comments and
conducted an analysis of these factors.
After consideration of this information,
SBA has determined that the rules
should be continued without change.
Timetable:
Action
Date
Begin Review ......
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FR Cite
85 FR 23487
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Date
FR Cite
07/27/20
I
10/01/20
I
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Brenda J. Fernandez,
Analyst, Office of Policy, Planning and
Liaison, Small Business Administration,
409 Third Street SW, Washington, DC
20416, Phone: 202 205–7337, Email:
brenda.fernandez@sba.gov.
RIN: 3245–AH19
356. Government Contracting Programs
(Completion of a Section 610 Review)
E.O. 13771 Designation: Not subject
to, not significant.
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: Under part 125, Government
Contracting Programs, SBA has
promulgated several rules that the
Agency certified would have a
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act. These rules established
requirements for participation in SBA’s
government contracting programs,
contracting provisions, and protest
procedures, among other things. SBA
reviewed these rules under section 610
of the Regulatory Flexibility Act to
determine if the rules 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 considered 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 solicited comments and
conducted an analysis of these factors.
After consideration of this information,
SBA has determined that the rules
should be continued without change.
Timetable:
Action
Date
Begin Review ......
Comment Period
End.
End Review .........
FR Cite
04/28/20
07/27/20
I
10/01/20
85 FR 23487
I
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Brenda J. Fernandez,
Analyst, Office of Policy, Planning and
PO 00000
Frm 00006
Fmt 4701
Sfmt 9990
Liaison, Small Business Administration,
409 Third Street SW, Washington, DC
20416, Phone: 202 205–7337, Email:
brenda.fernandez@sba.gov.
RIN: 3245–AH20
357. Hubzone Program (Completion of a
Section 610 Review)
E.O. 13771 Designation: Not subject
to, not significant
Legal Authority: Regulatory
Flexibility Act, 5 U.S.C. 610; 15 U.S.C.
632; 15 U.S.C. 657a
Abstract: Under part 126, HUBZone
Program, SBA has promulgated several
rules that the Agency certified would
have a significant economic impact on
a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act. These rules established
eligibility requirements for qualified
HUBZone small business concerns,
procedures for certification program
examinations and protests, and
provisions relating to HUBZone
contracts, among other things. SBA
reviewed these rules under section 610
of the Regulatory Flexibility Act to
determine if the rules should be
amended or rescinded to minimize
adverse economic impacts on small
entities. In the course of the review,
SBA considered 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 solicited comments and
conducted an analysis of these factors.
After consideration of this information,
SBA has determined that the rules
should be continued without change.
Timetable:
Action
Begin Review ......
Comment Period
End.
End Review .........
Date
04/28/20
07/27/20
FR Cite
85 FR 23487
10/01/20
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Brenda J. Fernandez,
Analyst, Office of Policy, Planning and
Liaison, Small Business Administration,
409 Third Street SW, Washington, DC
20416, Phone: 202 205–7337, Email:
brenda.fernandez@sba.gov.
RIN: 3245–AH21
[FR Doc. 2021–04708 Filed 3–30–21; 8:45 am]
BILLING CODE 8026–03–P
E:\FR\FM\31MRP19.SGM
31MRP19
]]>Agencies
[Federal Register Volume 86, Number 60 (Wednesday, March 31, 2021)]
[Unknown Section]
[Pages 16972-16976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04708]
[[Page 16971]]
Vol. 86
Wednesday,
No. 60
March 31, 2021
Part XIX
Small Business Administration
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 86 , No. 60 / Wednesday, March 31, 2021 / UA:
Reg Flex Agenda
[[Page 16972]]
-----------------------------------------------------------------------
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 K. Bundy, U.S. Small
Business Administration, 409 Third Street SW, Washington, DC 20416,
(202) 205-6585, [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 unified 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.
Tami Perriello,
Acting Administrator.
Small Business Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
342....................... Small Business Size 3245-AG16
Standards; Alternative
Size Standard for 7(a),
504, and Disaster Loan
Programs.
343....................... Small Business Size 3245-AG89
Standards: Agriculture,
Forestry, Fishing and
Hunting; Mining,
Quarrying, and Oil and
Gas Extraction;
Utilities; Construction.
344....................... Small Business Size 3245-AG90
Standards: Transportation
and Warehousing;
Information; Finance and
Insurance; Real Estate
and Rental and Leasing.
345....................... Small Business Size 3245-AG91
Standards: Professional,
Scientific and Technical
Services; Management of
Companies and
Enterprises;
Administrative and
Support and Waste
Management and
Remediation Services.
346....................... Small Business Size 3245-AH09
Standards: Manufacturing
and Industries With
Employee Based Size
Standards in Other
Sectors Except Wholesale
Trade and Retail Trade.
347....................... Small Business Size 3245-AH10
Standards: Wholesale
Trade and Retail Trade.
348....................... National Defense 3245-AH28
Authorization Act of
2020, Credit for Lower
Tier Subcontracting and
Other Amendments (Reg
Plan Seq No. 120).
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
349....................... Small Business Size 3245-AG88
Standards: Educational
Services; Health Care and
Social Assistance; Arts,
Entertainment and
Recreation; Accommodation
and Food Services; Other
Services.
350....................... SBA Supervised Lenders 3245-AH04
Application Process.
351....................... 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.
------------------------------------------------------------------------
352....................... Small Business Development 3245-AE05
Center Program Revisions.
353....................... Small Business Timber Set- 3245-AG69
Aside Program.
354....................... Small Business Size 3245-AH26
Standards: Calculation of
Average Annual Receipts
in Business Loan,
Disaster Loan, and Small
Business Investment
Company Programs.
------------------------------------------------------------------------
[[Page 16973]]
Small Business Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
355....................... 8(a) Business Development 3245-AH19
(Completion of a Section
610 Review).
356....................... Government Contracting 3245-AH20
Programs (Completion of a
Section 610 Review).
357....................... HUBZone Program 3245-AH21
(Completion of a Section
610 Review).
------------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION (SBA)
Proposed Rule Stage
342. 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................................ 05/00/21 .......................
------------------------------------------------------------------------
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
343. 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................................ 10/02/20 85 FR 62239
NPRM Comment Period End............. 12/01/20 .......................
Final Rule.......................... 09/00/21 .......................
------------------------------------------------------------------------
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
344. 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................................ 10/02/20 85 FR 62372
NPRM Comment Period End............. 12/01/20 .......................
Final Rule.......................... 09/00/21 .......................
------------------------------------------------------------------------
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
345. Small Business Size Standards: Professional, Scientific and
Technical Services; Management of Companies and Enterprises;
Administrative and Support and 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
[[Page 16974]]
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................................ 11/13/20 85 FR 72584
NPRM Comment Period End............. 01/12/21 .......................
Final Rule.......................... 07/00/21 .......................
------------------------------------------------------------------------
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
346. 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................................ 05/00/21 .......................
------------------------------------------------------------------------
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
347. 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................................ 05/00/21 .......................
------------------------------------------------------------------------
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
348. National Defense Authorization Act of 2020, Credit for Lower Tier
Subcontracting and Other Amendments
Regulatory Plan: This entry is Seq. No. 120 in part II of this
issue of the Federal Register.
RIN: 3245-AH28
SMALL BUSINESS ADMINISTRATION (SBA)
Final Rule Stage
349. 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................................ 11/27/20 85 FR 76390
NPRM Comment Period End............. 01/26/21
Final Rule.......................... 10/00/21
------------------------------------------------------------------------
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
350. SBA Supervised Lenders Application Process
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(r)
Abstract: SBA Supervised Lenders include Small Business Lending
Companies (SBLCs) and Non-Federally Regulated Lenders (NFRLs). This
rule aims to enhance the process for organizations seeking to
participate as SBLCs or NFRLs in the 7(a) Loan Program and to clarify
the factors SBA will consider in evaluating SBA Supervised Lender
applications. An SBLC is a non-depository lending institution that is
authorized by SBA to make loans pursuant to section 7(a) of the Small
Business Act and to Intermediaries in SBA's Microloan Program. An SBLC
is regulated, supervised, and examined solely by SBA. SBA imposed a
moratorium on licensing new SBLCs in 1982. There are currently 14 SBLCs
with full authority to make 7(a) loans up to the maximum amount of $5
million and other SBLCs with more limited authority to make 7(a) loans.
SBLCs are subject to SBA
[[Page 16975]]
regulations regarding their formation, capitalization, and enforcement
actions. To operate as an SBLC with full authority, an organization
must acquire the existing SBLC lending authority held by an SBLC. Non-
Federally Regulated Lenders (NFRLs) are also authorized by the SBA to
make loans under section 7(a). Unlike SBLCs, NFRLs are subject to
regulation by a state; however, SBA is the sole federal regulator for
these entities. This rule will also cover the application process for
these NFRLs.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/13/20 85 FR 1783
NPRM Comment Period End............. 03/13/20
Final Rule.......................... 05/00/21
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Susan Streich, Director of Credit Risk Management,
Small Business Administration, 409 Third Street SW, Washington, DC
20416, Phone: 202 205-6641, Email: [email protected].
RIN: 3245-AH04
351. 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 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........................ 05/00/21
------------------------------------------------------------------------
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
352. Small Business Development Center Program Revisions
E.O. 13771 Designation: Deregulatory.
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................................ 11/00/21
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Rachel Newman-Karton, Phone: 202 619-1816, Email:
[email protected].
RIN: 3245-AE05
353. 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.......................... 11/00/21
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: David W. Loines, Phone: 202 431-0472, Email:
[email protected].
RIN: 3245-AG69
354. Small Business Size Standards: Calculation of Average Annual
Receipts in Business Loan, Disaster Loan, and Small Business Investment
Company Programs
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a)(2); Pub. L. 115-324
Abstract: The Small Business Runway Extension Act, Public Law 115-
324, amended the Small Business Act to provide for calculation of
average annual receipts using a 5-year average, rather than the prior
3-year average, in defined circumstances. For firms subject to SBA's
receipt-based size standards (generally, service-industry,
construction, and agricultural firms), a lengthened averaging period
permits firms with increasing revenues to stay eligible for small
business benefits for longer. In RIN 3245-AH16, SBA implemented the
Small Business Runway Extension Act in programs other than SBA's loan
programs--including SBA's procurement programs--and SBA issued its
final rule in that first rulemaking on December 5,
[[Page 16976]]
2019 (84 FR 66561). This second rulemaking would consider how to
address the Small Business Runway Extension Act in SBA's business loan,
disaster loan, and SBIC programs.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/21
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Khem Raj Sharma, Phone: 202 205-7189, Fax: 202 205-
6390, Email: [email protected].
RIN: 3245-AH26
SMALL BUSINESS ADMINISTRATION (SBA)
Completed Actions
355. 8(A) Business Development (Completion of a Section 610 Review)
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 15 U.S.C. 637
Abstract: Under part 124, 8(a) Business Development/Small
Disadvantaged Business Status Determinations, SBA has promulgated
several rules that the Agency certified would have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act. These rules established
eligibility requirements for participation in the 8(a) programs and
application, certification, and protest procedures, among other things.
SBA reviewed these rules under section 610 of the Regulatory
Flexibility Act to determine if the rules 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 considered
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 solicited comments and conducted an
analysis of these factors. After consideration of this information, SBA
has determined that the rules should be continued without change.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Begin Review........................ 04/28/20 85 FR 23487
Comment Period End.................. 07/27/20
End Review.......................... 10/01/20
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Brenda J. Fernandez, Analyst, Office of Policy,
Planning and Liaison, Small Business Administration, 409 Third Street
SW, Washington, DC 20416, Phone: 202 205-7337, Email:
[email protected].
RIN: 3245-AH19
356. Government Contracting Programs (Completion of a Section 610
Review)
E.O. 13771 Designation: Not subject to, not significant.
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: Under part 125, Government Contracting Programs, SBA has
promulgated several rules that the Agency certified would have a
significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act. These rules
established requirements for participation in SBA's government
contracting programs, contracting provisions, and protest procedures,
among other things. SBA reviewed these rules under section 610 of the
Regulatory Flexibility Act to determine if the rules 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 considered 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
solicited comments and conducted an analysis of these factors. After
consideration of this information, SBA has determined that the rules
should be continued without change.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Begin Review........................ 04/28/20 85 FR 23487
Comment Period End.................. 07/27/20
End Review.......................... 10/01/20
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Brenda J. Fernandez, Analyst, Office of Policy,
Planning and Liaison, Small Business Administration, 409 Third Street
SW, Washington, DC 20416, Phone: 202 205-7337, Email:
[email protected].
RIN: 3245-AH20
357. Hubzone Program (Completion of a Section 610 Review)
E.O. 13771 Designation: Not subject to, not significant
Legal Authority: Regulatory Flexibility Act, 5 U.S.C. 610; 15
U.S.C. 632; 15 U.S.C. 657a
Abstract: Under part 126, HUBZone Program, SBA has promulgated
several rules that the Agency certified would have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act. These rules established
eligibility requirements for qualified HUBZone small business concerns,
procedures for certification program examinations and protests, and
provisions relating to HUBZone contracts, among other things. SBA
reviewed these rules under section 610 of the Regulatory Flexibility
Act to determine if the rules should be amended or rescinded to
minimize adverse economic impacts on small entities. In the course of
the review, SBA considered 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
solicited comments and conducted an analysis of these factors. After
consideration of this information, SBA has determined that the rules
should be continued without change.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Begin Review........................ 04/28/20 85 FR 23487
Comment Period End.................. 07/27/20
End Review.......................... 10/01/20
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Brenda J. Fernandez, Analyst, Office of Policy,
Planning and Liaison, Small Business Administration, 409 Third Street
SW, Washington, DC 20416, Phone: 202 205-7337, Email:
[email protected].
RIN: 3245-AH21
[FR Doc. 2021-04708 Filed 3-30-21; 8:45 am]
BILLING CODE 8026-03-P
