Semiannual Regulatory Agenda, 41296-41300 [2021-14885]
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Federal Register / Vol. 86, No. 144 / Friday, July 30, 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 rulemakings 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 activities. Accordingly, SBA
SUMMARY:
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; 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 the
rulemaking’s 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.
Isabella Casillas Guzman,
Administrator.
SMALL BUSINESS ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
227 ....................
228 ....................
Small Business Size Standards; Alternative Size Standard for 7(a), 504, and Disaster Loan Programs ......
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 .............................................................
Small Business Size Standards: Calculation of Number of Employees for All Programs and of Average
Annual Receipts in Business Loan, Disaster Loan, and Small Business Investment Company Programs.
National Defense Authorization Act of 2020, Credit for Lower Tier Subcontracting and Other Amendments
229 ....................
230 ....................
231 ....................
3245–AG16
3245–AH09
3245–AH10
3245–AH26
3245–AH28
SMALL BUSINESS ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
232 ....................
233 ....................
Small Business Timber Set-Aside Program ....................................................................................................
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 and Waste Management and Remediation Services.
Small Business Size Standards: Adjustment of Monetary Based Size Standards for Inflation ......................
234 ....................
235 ....................
236 ....................
237 ....................
3245–AG69
3245–AG88
3245–AG89
3245–AG90
3245–AG91
3245–AH17
SMALL BUSINESS ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
238 ....................
Small Business Development Center Program Revisions ..............................................................................
3245–AE05
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SMALL BUSINESS ADMINISTRATION—COMPLETED ACTIONS
Sequence
Number
Title
239 ....................
SBA Supervised Lenders Application Process ................................................................................................
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Regulation
Identifier Number
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SMALL BUSINESS ADMINISTRATION
(SBA)
Proposed Rule Stage
227. Small Business Size Standards;
Alternative Size Standard for 7(A), 504,
and Disaster Loan Programs
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 ..................
FR Cite
03/22/18
05/21/18
I
03/00/22
83 FR 12506
I
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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–AG16
228. Small Business Size Standards:
Manufacturing and Industries With
Employee Based Size Standards in
Other Sectors Except Wholesale Trade
and Retail Trade
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
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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
NPRM ..................
FR Cite
08/00/21
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–AH09
229. Small Business Size Standards:
Wholesale Trade and Retail Trade
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
06/00/21
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
PO 00000
Frm 00003
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230. Small Business Size Standards:
Calculation of Number of Employees for
all Programs and of Average Annual
Receipts in Business Loan, Disaster
Loan, and Small Business Investment
Company Programs
Legal Authority: 15 U.S.C. 632(a)(2);
Pub. L. 115–324; Pub. L. 116–238
Abstract: In accordance with section
863 of the National Defense
Authorization Act for Fiscal Year 2021,
Public Law 116–238, in this rulemaking
SBA proposes to change the averaging
period for employee-based size
standards from 12 months to 24 months.
In addition, the Small Business Runway
Extension Act of 2018, 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. 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, 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. Specifically, SBA also
proposes to permit businesses in its
Business Loan, Disaster Loan, and Small
Business Investment Company (SBIC)
Programs to use a 5-year averaging
period, in addition to the existing 3-year
averaging period, for the purposes of
calculating annual average receipts.
These proposed changes will allow
larger small businesses to retain their
small business size status for longer,
and some mid-sized businesses to regain
small business status.
Timetable:
Action
NPRM ..................
Date
FR Cite
06/00/21
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–AH26
231. National Defense Authorization
Act of 2020, Credit for Lower Tier
Subcontracting and Other Amendments
Legal Authority: Pub. L. 116–92
Abstract: Section 870 of the National
Defense Authorization Act of 2020
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(NDAA 2020) made a change that will
require SBA to amend its regulations.
Specifically, the language of NDAA
2020 requires SBA to alter the method
and means of accounting for lower tier
small business subcontracting. This
proposed rule may also contain several
smaller changes that might be necessary
to implement this provision and other
provisions in NDAA 2020.
Timetable:
Action
Date
NPRM ..................
FR Cite
08/00/21
Regulatory Flexibility Analysis
Required: Yes.
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–AH28
SMALL BUSINESS ADMINISTRATION
(SBA)
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Final Rule Stage
232. Small Business Timber Set-Aside
Program
Legal Authority: 15 U.S.C. 631; 15
U.S.C. 644(a)
Abstract: The U.S. Small Business
Administration (SBA or Agency) is
amending its Small Business Timber
Set-Aside Program (the Program)
regulations. The Small Business Timber
Set-Aside Program is rooted in the
Small Business Act, which tasked SBA
with ensuring that small businesses
receive a fair proportion of the total
sales of government property.
Accordingly, the Program requires
Timber sales to be set aside for small
business when small business
participation falls below a certain
amount. SBA considered comments
received during the Advance Notice of
Proposed Rulemaking and Notice of
Proposed Rulemaking processes,
including on issues such as, but not
limited to, whether the saw timber
volume purchased through stewardship
timber contracts should be included in
calculations, and whether the appraisal
point used in set-aside sales should be
the nearest small business mill. In
addition, SBA is considering data from
the timber industry to help evaluate the
current program and economic impact
of potential changes.
Timetable:
Action
Date
ANPRM ...............
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Action
Date
ANPRM Comment
Period End.
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
FR Cite
05/26/15
09/27/16
11/28/16
81 FR 66199
03/00/22
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: 202 431–
0472, Email: david.loines@sba.gov
RIN: 3245–AG69
233. Small Business Size Standards:
Educational Services; Health Care and
Social Assistance; Arts, Entertainment
and Recreation; Accommodation and
Food Services; Other Services
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 rule, SBA has
evaluated 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 made necessary
adjustments to size standards in these
sectors. This is one of a series of rules
that examines groups of NAICS sectors.
SBA has applied its Size Standards
Methodology to this rule.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
11/27/20
01/26/21
FR Cite
85 FR 76390
12/00/21
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
PO 00000
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234. Small Business Size Standards:
Agriculture, Forestry, Fishing and
Hunting; Mining, Quarrying, and Oil
and Gas Extraction; Utilities;
Construction
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 rule, SBA has
evaluated 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 made
necessary adjustments to size standards
in these sectors. This is one of a series
of rules that examines groups of NAICS
sectors. SBA has applied its Size
Standards Methodology to this rule.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Date
10/02/20
12/01/20
I
FR Cite
85 FR 62239
12/00/21
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–AG89
235. Small Business Size Standards:
Transportation and Warehousing;
Information; Finance and Insurance;
Real Estate and Rental and Leasing
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 rule, SBA has
evaluated 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
made necessary adjustments to size
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standards in these sectors. This is one
of a series of rules that examines groups
of NAICS sectors. SBA has applied its
Size Standards Methodology to this
rule.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
FR Cite
10/02/20
12/01/20
I
12/00/21
85 FR 62372
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–AG90
236. Small Business Size Standards:
Professional, Scientific and Technical
Services; Management of Companies
and Enterprises; Administrative and
Support and Waste Management and
Remediation Services
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 rule, SBA has
evaluated each industry that has a
receipts-based standard in North
American Industry Classification
System (NAICS) Sector 54 (Professional,
Scientific and Technical Services),
Sector 55 (Management of Companies
and Enterprises), and Sector 56
(Administrative and Support, Waste
Management and Remediation Services)
and made necessary adjustments to size
standards in these sectors. This is one
of a series of rules that examines groups
of NAICS sectors. SBA has applied its
Size Standards Methodology to this
rule.
Timetable:
lotter on DSK11XQN23PROD with PROPOSALS19
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
FR Cite
11/13/20
01/12/21
I
12/00/21
85 FR 72584
I
Regulatory Flexibility Analysis
Required: Yes.
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Agency Contact: Dr. Khem Raj
Sharma, Chief, Office of Size Standards,
Small Business Administration, 409
Third Street SW, Washington, DC
20416, Phone: 202 205–7189, Fax: 202
205–6390, Email: khem.sharma@
sba.gov.
RIN: 3245–AG91
237. Small Business Size Standards:
Adjustment of Monetary Based Size
Standards for Inflation
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 .........
07/18/19
08/19/19
FR Cite
84 FR 34261
Long-Term Actions
238. Small Business Development
Center Program Revisions
Legal Authority: 15 U.S.C. 634(b)(6);
15 U.S.C. 648
Fmt 4701
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
Date
04/02/15
06/01/15
FR Cite
80 FR 17708
11/00/22
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Rachel
Newman-Karton, Phone: 202 619–1816,
Email: rachel.newman-karton@sba.gov
RIN: 3245–AE05
SMALL BUSINESS ADMINISTRATION
(SBA)
09/00/21
SMALL BUSINESS ADMINISTRATION
(SBA)
Frm 00005
Action
09/16/19
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–AH17
PO 00000
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:
Sfmt 4702
Completed Actions
239. SBA Supervised Lenders
Application Process
Legal Authority: 15 U.S.C. 632(r)
Abstract: This rule amended the
regulations applicable to Small Business
Lending Companies (SBLCs) and stateregulated lenders (Non-Federally
Regulated Lenders (NFRLs) (collectively
referred to as SBA Supervised Lenders).
The key amendments to the regulations
include a new application and review
process for SBA Supervised Lenders,
including for transactions involving a
change of ownership or control. Other
amendments to the regulations include
updating the minimum capital
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maintenance requirements, clarifying
the factors SBA will consider in its
evaluation of an SBA Supervised Lender
application and limiting the 7(a) lending
area for NFRLs.
Completed:
Reason
Date
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Final Rule ............
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Reason
Date
FR Cite
RIN: 3245–AH04
[FR Doc. 2021–14885 Filed 7–29–21; 8:45 am]
Final Rule Effective.
01/04/21
BILLING CODE 8026–03–P
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Susan Streich,
Phone: 202 205–6641, Email:
susan.streich@sba.gov
PO 00000
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]]>Agencies
[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Unknown Section]
[Pages 41296-41300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14885]
[[Page 41295]]
Vol. 86
Friday,
No. 144
July 30, 2021
Part XIX
Small Business Administration
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Semiannual Regulatory Agenda
Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg
Flex Agenda
[[Page 41296]]
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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 rulemakings 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 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 the rulemaking's 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.
Isabella Casillas Guzman,
Administrator.
Small Business Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
227....................... Small Business Size 3245-AG16
Standards; Alternative
Size Standard for 7(a),
504, and Disaster Loan
Programs.
228....................... Small Business Size 3245-AH09
Standards: Manufacturing
and Industries With
Employee Based Size
Standards in Other
Sectors Except Wholesale
Trade and Retail Trade.
229....................... Small Business Size 3245-AH10
Standards: Wholesale
Trade and Retail Trade.
230....................... Small Business Size 3245-AH26
Standards: Calculation of
Number of Employees for
All Programs and of
Average Annual Receipts
in Business Loan,
Disaster Loan, and Small
Business Investment
Company Programs.
231....................... National Defense 3245-AH28
Authorization Act of
2020, Credit for Lower
Tier Subcontracting and
Other Amendments.
------------------------------------------------------------------------
Small Business Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
232....................... Small Business Timber Set- 3245-AG69
Aside Program.
233....................... Small Business Size 3245-AG88
Standards: Educational
Services; Health Care and
Social Assistance; Arts,
Entertainment and
Recreation; Accommodation
and Food Services; Other
Services.
234....................... Small Business Size 3245-AG89
Standards: Agriculture,
Forestry, Fishing and
Hunting; Mining,
Quarrying, and Oil and
Gas Extraction;
Utilities; Construction.
235....................... Small Business Size 3245-AG90
Standards: Transportation
and Warehousing;
Information; Finance and
Insurance; Real Estate
and Rental and Leasing.
236....................... 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.
237....................... 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.
------------------------------------------------------------------------
238....................... Small Business Development 3245-AE05
Center Program Revisions.
------------------------------------------------------------------------
Small Business Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence Number Title Identifier
Number
------------------------------------------------------------------------
239....................... SBA Supervised Lenders 3245-AH04
Application Process.
------------------------------------------------------------------------
[[Page 41297]]
SMALL BUSINESS ADMINISTRATION (SBA)
Proposed Rule Stage
227. Small Business Size Standards; Alternative Size Standard for 7(A),
504, and Disaster Loan Programs
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................................ 03/00/22 .......................
------------------------------------------------------------------------
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
228. Small Business Size Standards: Manufacturing and Industries With
Employee Based Size Standards in Other Sectors Except Wholesale Trade
and Retail Trade
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................................ 08/00/21 .......................
------------------------------------------------------------------------
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
229. Small Business Size Standards: Wholesale Trade and Retail Trade
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................................ 06/00/21 .......................
------------------------------------------------------------------------
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
230. Small Business Size Standards: Calculation of Number of Employees
for all Programs and of Average Annual Receipts in Business Loan,
Disaster Loan, and Small Business Investment Company Programs
Legal Authority: 15 U.S.C. 632(a)(2); Pub. L. 115-324; Pub. L. 116-
238
Abstract: In accordance with section 863 of the National Defense
Authorization Act for Fiscal Year 2021, Public Law 116-238, in this
rulemaking SBA proposes to change the averaging period for employee-
based size standards from 12 months to 24 months. In addition, the
Small Business Runway Extension Act of 2018, 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. 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, 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. Specifically, SBA also proposes to permit businesses in its
Business Loan, Disaster Loan, and Small Business Investment Company
(SBIC) Programs to use a 5-year averaging period, in addition to the
existing 3-year averaging period, for the purposes of calculating
annual average receipts. These proposed changes will allow larger small
businesses to retain their small business size status for longer, and
some mid-sized businesses to regain small business status.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/21 .......................
------------------------------------------------------------------------
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-AH26
231. National Defense Authorization Act of 2020, Credit for Lower Tier
Subcontracting and Other Amendments
Legal Authority: Pub. L. 116-92
Abstract: Section 870 of the National Defense Authorization Act of
2020
[[Page 41298]]
(NDAA 2020) made a change that will require SBA to amend its
regulations. Specifically, the language of NDAA 2020 requires SBA to
alter the method and means of accounting for lower tier small business
subcontracting. This proposed rule may also contain several smaller
changes that might be necessary to implement this provision and other
provisions in NDAA 2020.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/21 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
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-AH28
SMALL BUSINESS ADMINISTRATION (SBA)
Final Rule Stage
232. Small Business Timber Set-Aside Program
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.......................... 03/00/22 .......................
------------------------------------------------------------------------
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: 202 431-0472, Email: [email protected]
RIN: 3245-AG69
233. Small Business Size Standards: Educational Services; Health Care
and Social Assistance; Arts, Entertainment and Recreation;
Accommodation and Food Services; Other Services
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 rule, SBA has evaluated 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
made necessary adjustments to size standards in these sectors. This is
one of a series of rules that examines groups of NAICS sectors. SBA has
applied its Size Standards Methodology to this rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/27/20 85 FR 76390
NPRM Comment Period End............. 01/26/21 .......................
Final Rule.......................... 12/00/21 .......................
------------------------------------------------------------------------
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
234. Small Business Size Standards: Agriculture, Forestry, Fishing and
Hunting; Mining, Quarrying, and Oil and Gas Extraction; Utilities;
Construction
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 rule, SBA has evaluated 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 made necessary adjustments to size
standards in these sectors. This is one of a series of rules that
examines groups of NAICS sectors. SBA has applied its Size Standards
Methodology to this rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/02/20 85 FR 62239
NPRM Comment Period End............. 12/01/20 .......................
Final Rule.......................... 12/00/21 .......................
------------------------------------------------------------------------
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
235. Small Business Size Standards: Transportation and Warehousing;
Information; Finance and Insurance; Real Estate and Rental and Leasing
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 rule, SBA has evaluated 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 made necessary adjustments to size
[[Page 41299]]
standards in these sectors. This is one of a series of rules that
examines groups of NAICS sectors. SBA has applied its Size Standards
Methodology to this rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/02/20 85 FR 62372
NPRM Comment Period End............. 12/01/20 .......................
Final Rule.......................... 12/00/21 .......................
------------------------------------------------------------------------
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
236. Small Business Size Standards: Professional, Scientific and
Technical Services; Management of Companies and Enterprises;
Administrative and Support and Waste Management and Remediation
Services
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 rule, SBA has evaluated each industry that has a receipts-
based standard in North American Industry Classification System (NAICS)
Sector 54 (Professional, Scientific and Technical Services), Sector 55
(Management of Companies and Enterprises), and Sector 56
(Administrative and Support, Waste Management and Remediation Services)
and made necessary adjustments to size standards in these sectors. This
is one of a series of rules that examines groups of NAICS sectors. SBA
has applied its Size Standards Methodology to this rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/13/20 85 FR 72584
NPRM Comment Period End............. 01/12/21 .......................
Final Rule.......................... 12/00/21 .......................
------------------------------------------------------------------------
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
237. Small Business Size Standards: Adjustment of Monetary Based Size
Standards for Inflation
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........................ 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-AH17
SMALL BUSINESS ADMINISTRATION (SBA)
Long-Term Actions
238. Small Business Development Center Program Revisions
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................................ 11/00/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Rachel Newman[dash]Karton, Phone: 202 619-1816,
Email: [email protected]
RIN: 3245-AE05
SMALL BUSINESS ADMINISTRATION (SBA)
Completed Actions
239. SBA Supervised Lenders Application Process
Legal Authority: 15 U.S.C. 632(r)
Abstract: This rule amended the regulations applicable to Small
Business Lending Companies (SBLCs) and state-regulated lenders (Non-
Federally Regulated Lenders (NFRLs) (collectively referred to as SBA
Supervised Lenders). The key amendments to the regulations include a
new application and review process for SBA Supervised Lenders,
including for transactions involving a change of ownership or control.
Other amendments to the regulations include updating the minimum
capital
[[Page 41300]]
maintenance requirements, clarifying the factors SBA will consider in
its evaluation of an SBA Supervised Lender application and limiting the
7(a) lending area for NFRLs.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 12/04/20 85 FR 78205
Final Rule Effective................ 01/04/21 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Susan Streich, Phone: 202 205-6641, Email:
[email protected]
RIN: 3245-AH04
[FR Doc. 2021-14885 Filed 7-29-21; 8:45 am]
BILLING CODE 8026-03-P
