Semiannual Regulatory Agenda, 11302-11305 [2023-02035]
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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda
SMALL BUSINESS ADMINISTRATION
General
13 CFR Ch. I
Please direct general comments or
inquiries to Daniel Kane, U.S. Small
Business Administration, 409 Third
Street SW, Washington, DC 20416; (202)
744–2509; Daniel.Kane@sba.gov. This
phone number can also be reached by
individuals who are deaf or hard of
hearing, or who have speech
disabilities, through the Federal
Communications Commission’s TTYBased Telecommunications Relay
Service teletype service at 711.
Semiannual Regulatory Agenda
U.S. Small Business
Administration (SBA).
ACTION: Semiannual Regulatory Agenda.
AGENCY:
This semiannual Regulatory
Agenda (Agenda) is a summary of
current and projected 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:
SUMMARY:
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.
SUPPLEMENTARY INFORMATION:
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.
Isabella Casillas Guzman,
Administrator.
SMALL BUSINESS ADMINISTRATION—PROPOSED RULE STAGE
Sequence No.
446
447
448
449
....................
....................
....................
....................
450 ....................
Regulation
Identifier No.
Title
Small Business Development Center Program Revisions ..............................................................................
Small Business Size Standards; Alternative Size Standard for 7(a), 504, and Disaster Loan Programs ......
National Defense Authorization Act of 2020, Credit for Lower Tier Subcontracting and Other Amendments
Small Business Lending Company (SBLC) Moratorium Rescission and Removal of the Requirement for a
Loan Authorization.
Affiliation in Small Business Procurement Programs; Women-Owned Small Business Program ..................
3245–AE05
3245–AG16
3245–AH28
3245–AH92
3245–AH97
SMALL BUSINESS ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
451 ....................
452 ....................
Small Business Timber Set-Aside Program ....................................................................................................
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: Adjustment of Monetary Based Size Standards for Inflation ......................
Small Business Size Standards: Adjustment of Monetary Based Size Standards, Disadvantage Thresholds, and 8(a) Eligibility Thresholds for Inflation.
453 ....................
454 ....................
3245–AG69
3245–AH09
3245–AH17
3245–AH93
SMALL BUSINESS ADMINISTRATION—COMPLETED ACTIONS
Title
455 ....................
456 ....................
Small Business Size Standards: Wholesale Trade and Retail Trade .............................................................
Small Business Size Standards: Adoption of 2022 North American Industry Classification System for Size
Standards.
SMALL BUSINESS ADMINISTRATION
(SBA)
Proposed Rule Stage
lotter on DSK11XQN23PROD with PROPOSALS13
Regulation
Identifier No.
Sequence No.
446. Small Business Development
Center Program Revisions [3245–AE05]
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 when a new Lead SBDC
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21:47 Feb 21, 2023
Jkt 250001
Center Director is selected; (2)
procedures and requirements regarding
findings and disputes resulting from
financial exams, programmatic reviews,
accreditation reviews, and other SBA
oversight activities; (3) procedures
regarding the determination to affect
suspension, termination or non-renewal
of an SBDC’s cooperative agreement;
and (4) provisions regarding the
collection and use of the individual
SBDC client data.
Timetable:
PO 00000
Frm 00002
Fmt 4701
Sfmt 4702
Action
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
Date
04/02/15
06/01/15
3245–AH10
3245–AH89
FR Cite
80 FR 17708
01/00/23
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Rachel NewmanKarton, Program Manager, Small
Business Administration, 409 Third
Street SW, Washington, DC 20416,
E:\FR\FM\22FEP18.SGM
22FEP18
Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda
Phone: 202– 619–1816, Email:
rachel.newman-karton@sba.gov.
RIN: 3245–AE05
447. Small Business Size Standards;
Alternative Size Standard for 7(a), 504,
and Disaster Loan Programs [3245–
AG16]
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 ..................
03/22/18
05/21/18
FR Cite
83 FR 12506
05/00/23
lotter on DSK11XQN23PROD with PROPOSALS13
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
448. National Defense Authorization
Act of 2020, Credit for Lower Tier
Subcontracting and Other Amendments
[3245–AH28]
Legal Authority: Pub. L. 116–92
Abstract: Section 870 of the National
Defense Authorization Act of 2020
(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
VerDate Sep<11>2014
21:47 Feb 21, 2023
Jkt 250001
smaller changes that might be necessary
to implement this provision and other
provisions in NDAA 2020.
Timetable:
and control across SBA’s procurement
programs.
Timetable:
Action
Action
Date
Date
FR Cite
FR Cite
NPRM ..................
NPRM ..................
11303
09/00/23
02/00/23
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
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Sam Le, Director,
Office of Policy Planning and Liaison,
Office of Government Contracting and
Business Devel, Small Business
Administration, 409 3rd Street SW,
Washington, DC 20416, Phone: 202–
619–1789.
RIN: 3245–AH97
449. Small Business Lending Company
(SBLC) Moratorium Rescission and
Removal of the Requirement for a Loan
Authorization [3245–AH92]
SMALL BUSINESS ADMINISTRATION
(SBA)
Legal Authority: Sec. 3(r) and 7(a) of
the Small Business Act
Abstract: SBA intends to publish a
notice of proposed rulemaking in order
to receive comments from the public
and the lending industry regarding the
proposal to lift the moratorium on
permitting new Small Business Lending
Companies (SBLC). SBA intends to also
propose removal of duplicative forms
and other collections of information for
the Agency’s business loan programs.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
11/07/22
01/06/23
FR Cite
87 FR 66936
04/00/23
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Dianna L. Seaborn,
Director, Office of Financial Assistance,
Small Business Administration, 409
Third Street SW, Washington, DC
20416, Phone: 202–205–3645, Email:
dianna.seaborn@sba.gov.
RIN: 3245–AH92
450. • Affiliation in Small Business
Procurement Programs; Women-Owned
Small Business Program [3245–AH97]
Legal Authority: 15 U.S.C. 632(a); 15
U.S.C. 637(m)
Abstract: Following revisions to the
requirements in SBA’s 8(a) Business
Development and Service-Disabled
Veteran-Owned Small Business
programs, SBA is issuing conforming
revisions to its affiliation rules that
govern all of the small-business
procurement programs and to the
Women-Owned Small Business
program. These revisions will ensure
consistent requirements for ownership
PO 00000
Frm 00003
Fmt 4701
Sfmt 4702
Final Rule Stage
451. Small Business Timber Set-Aside
Program [3245–AG69]
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
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
E:\FR\FM\22FEP18.SGM
22FEP18
Date
FR Cite
03/25/15
05/26/15
80 FR 15697
09/27/16
11/28/16
81 FR 66199
11/00/23
11304
Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Sam Le, Director,
Office of Policy Planning and Liaison,
Office of Government Contracting and
Business Devel, Small Business
Administration, 409 3rd Street SW,
Washington, DC 20416, Phone: 202–
619–1789.
RIN: 3245–AG69
452. Small Business Size Standards:
Manufacturing and Industries With
Employee Based Size Standards in
Other Sectors Except Wholesale Trade
and Retail Trade [3245–AH09]
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
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
04/26/22
06/27/22
FR Cite
87 FR 24752
03/00/23
lotter on DSK11XQN23PROD with PROPOSALS13
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
453. Small Business Size Standards:
Adjustment of Monetary Based Size
Standards for Inflation [3245–AH17]
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
VerDate Sep<11>2014
21:47 Feb 21, 2023
Jkt 250001
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
Action
09/16/19
12/00/22
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: khem.sharma@
sba.gov.
RIN: 3245–AH17
454. Small Business Size Standards:
Adjustment of Monetary Based Size
Standards, Disadvantage Thresholds,
and 8(a) Eligibility Thresholds for
Inflation [3245–AH93]
Legal Authority: 15 U.S.C. 632(a); 15
U.S.C. 637(a)(6)(A)
Abstract: SBA intends to issue this
rulemaking to adjust its monetary small
business size standards (i.e., receipts,
net income, net worth, and financial
assets) for the effects of inflation that
have occurred since the last inflation
adjustment, which was effective on
August 19, 2019. SBA is required by its
regulations in 13 CFR 121.102(c) to
review the effects of inflation on its
monetary standards at least once every
five years. As in previous adjustments,
SBA will apply the Gross Domestic
Product (GDP) price index as a measure
of inflation. This action will restore
small business eligibility to businesses
that have lost that status due to
inflation.
In addition, SBA intends to adjust
other monetary thresholds in its
regulations that are otherwise not
adjusted for inflation under FAR 1.109.
These thresholds primarily are those
used in the 8(a) Business Development
and the Economically Disadvantaged
Women-Owned Small Business
(EDWOSB) programs to determine
PO 00000
Frm 00004
Fmt 4701
Sfmt 4702
economic disadvantage. Others are used
to maintain eligibility for the 8(a)
program. In some cases, these
thresholds have not been adjusted for 25
years. This action will permit small
businesses to retain eligibility as
economically disadvantaged and
eligible for the 8(a) program, despite an
increase in inflation.
SBA will publicize the rule via the
Small Business Procurement Advisory
Council, the Integrated Acquisition
Environment, fbo.gov, press releases,
publication of this rule in the Federal
Register, emails to interested parties,
and the size standards website at
www.sba.gov/size.
Timetable:
Interim Final Rule
Interim Final Rule
Effective.
Interim Final Rule
Comment Period End.
Final Rule ............
Date
11/17/22
12/19/22
FR Cite
87 FR 69118
01/17/23
03/00/23
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–AH93
SMALL BUSINESS ADMINISTRATION
(SBA)
Completed Actions
455. Small Business Size Standards:
Wholesale Trade and Retail Trade
[3245–AH10]
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.
E:\FR\FM\22FEP18.SGM
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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda
Completed:
Reason
Date
Final Rule ............
Final Rule Effective.
06/14/22
07/14/22
FR Cite
87 FR 35869
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–AH10
456. Small Business Size Standards:
Adoption of 2022 North American
Industry Classification System for Size
Standards [3245–AH89]
lotter on DSK11XQN23PROD with PROPOSALS13
Legal Authority: 15 U.S.C. 632(a)
Abstract: This will amend SBA’s
Small Business Size Regulations by
VerDate Sep<11>2014
21:47 Feb 21, 2023
Jkt 250001
incorporating the Office of Management
and Budget’s (OMB) 2022 revision of the
North American Industry Classification
System (NAICS) into its table of small
business size standards. NAICS 2022
created 111 new industries involving
147 NAICS 2017 industries in 11
Sectors, mostly in Sector 44–45 (Retail
Trade), followed by Sector 31–33
(Manufacturing), and Sector 51
(Information). Of the 111 new
industries, 79 were formed by merging
two or more of 124 industries or their
parts. In addition, the NAICS 2022
revised titles, 6-digit codes, or
definitions of the 32 other NAICS 2017
industries or their parts. As a result, the
size standards for some existing
industries or parts will change. Similar
to the adoptions of prior OMB revisions
to NAICS in 2002, 2007, 2012, and 2017,
PO 00000
Frm 00005
Fmt 4701
Sfmt 9990
11305
SBA will adopt the NAICS 2022
revision to its table of size standards,
effective the beginning of the Federal
government’s new fiscal year (October 1,
2022).
Completed:
Reason
NPRM ..................
Final Rule ............
Final Rule Effective.
Date
07/05/22
09/29/22
10/01/22
FR Cite
87 FR 40034
87 FR 59240
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–AH89
[FR Doc. 2023–02035 Filed 2–21–23; 8:45 am]
BILLING CODE 8026–03–P
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]]>Agencies
[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Unknown Section]
[Pages 11302-11305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02035]
[[Page 11301]]
Vol. 88
Wednesday,
No. 35
February 22, 2023
Part XVIII
Small Business Administration
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 88 , No. 35 / Wednesday, February 22, 2023 /
UA: Reg Flex Agenda
[[Page 11302]]
-----------------------------------------------------------------------
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 Daniel Kane, U.S.
Small Business Administration, 409 Third Street SW, Washington, DC
20416; (202) 744-2509; [email protected]. This phone number can also
be reached by individuals who are deaf or hard of hearing, or who have
speech disabilities, through the Federal Communications Commission's
TTY-Based Telecommunications Relay Service teletype service at 711.
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.
Isabella Casillas Guzman,
Administrator.
Small Business Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
446....................... Small Business Development 3245-AE05
Center Program Revisions.
447....................... Small Business Size 3245-AG16
Standards; Alternative
Size Standard for 7(a),
504, and Disaster Loan
Programs.
448....................... National Defense 3245-AH28
Authorization Act of
2020, Credit for Lower
Tier Subcontracting and
Other Amendments.
449....................... Small Business Lending 3245-AH92
Company (SBLC) Moratorium
Rescission and Removal of
the Requirement for a
Loan Authorization.
450....................... Affiliation in Small 3245-AH97
Business Procurement
Programs; Women-Owned
Small Business Program.
------------------------------------------------------------------------
Small Business Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
451....................... Small Business Timber Set- 3245-AG69
Aside Program.
452....................... Small Business Size 3245-AH09
Standards: Manufacturing
and Industries With
Employee Based Size
Standards in Other
Sectors Except Wholesale
Trade and Retail Trade.
453....................... Small Business Size 3245-AH17
Standards: Adjustment of
Monetary Based Size
Standards for Inflation.
454....................... Small Business Size 3245-AH93
Standards: Adjustment of
Monetary Based Size
Standards, Disadvantage
Thresholds, and 8(a)
Eligibility Thresholds
for Inflation.
------------------------------------------------------------------------
Small Business Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
455....................... Small Business Size 3245-AH10
Standards: Wholesale
Trade and Retail Trade.
456....................... Small Business Size 3245-AH89
Standards: Adoption of
2022 North American
Industry Classification
System for Size Standards.
------------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION (SBA)
Proposed Rule Stage
446. Small Business Development Center Program Revisions [3245-AE05]
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 when a new Lead SBDC Center Director is
selected; (2) procedures and requirements regarding findings and
disputes resulting from financial exams, programmatic reviews,
accreditation reviews, and other SBA oversight activities; (3)
procedures regarding the determination to affect suspension,
termination or non-renewal of an SBDC's cooperative agreement; and (4)
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................................ 01/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Rachel Newman-Karton, Program Manager, Small
Business Administration, 409 Third Street SW, Washington, DC 20416,
[[Page 11303]]
Phone: 202- 619-1816, Email: [email protected].
RIN: 3245-AE05
447. Small Business Size Standards; Alternative Size Standard for 7(a),
504, and Disaster Loan Programs [3245-AG16]
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................................ 05/00/23 .......................
------------------------------------------------------------------------
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
448. National Defense Authorization Act of 2020, Credit for Lower Tier
Subcontracting and Other Amendments [3245-AH28]
Legal Authority: Pub. L. 116-92
Abstract: Section 870 of the National Defense Authorization Act of
2020 (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................................ 02/00/23 .......................
------------------------------------------------------------------------
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
449. Small Business Lending Company (SBLC) Moratorium Rescission and
Removal of the Requirement for a Loan Authorization [3245-AH92]
Legal Authority: Sec. 3(r) and 7(a) of the Small Business Act
Abstract: SBA intends to publish a notice of proposed rulemaking in
order to receive comments from the public and the lending industry
regarding the proposal to lift the moratorium on permitting new Small
Business Lending Companies (SBLC). SBA intends to also propose removal
of duplicative forms and other collections of information for the
Agency's business loan programs.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/07/22 87 FR 66936
NPRM Comment Period End............. 01/06/23 .......................
Final Rule.......................... 04/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dianna L. Seaborn, Director, Office of Financial
Assistance, Small Business Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202-205-3645, Email:
[email protected].
RIN: 3245-AH92
450. Affiliation in Small Business Procurement Programs;
Women-Owned Small Business Program [3245-AH97]
Legal Authority: 15 U.S.C. 632(a); 15 U.S.C. 637(m)
Abstract: Following revisions to the requirements in SBA's 8(a)
Business Development and Service-Disabled Veteran-Owned Small Business
programs, SBA is issuing conforming revisions to its affiliation rules
that govern all of the small-business procurement programs and to the
Women-Owned Small Business program. These revisions will ensure
consistent requirements for ownership and control across SBA's
procurement programs.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sam Le, Director, Office of Policy Planning and
Liaison, Office of Government Contracting and Business Devel, Small
Business Administration, 409 3rd Street SW, Washington, DC 20416,
Phone: 202-619-1789.
RIN: 3245-AH97
SMALL BUSINESS ADMINISTRATION (SBA)
Final Rule Stage
451. Small Business Timber Set-Aside Program [3245-AG69]
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.......................... 11/00/23 .......................
------------------------------------------------------------------------
[[Page 11304]]
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sam Le, Director, Office of Policy Planning and
Liaison, Office of Government Contracting and Business Devel, Small
Business Administration, 409 3rd Street SW, Washington, DC 20416,
Phone: 202-619-1789.
RIN: 3245-AG69
452. Small Business Size Standards: Manufacturing and Industries With
Employee Based Size Standards in Other Sectors Except Wholesale Trade
and Retail Trade [3245-AH09]
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................................ 04/26/22 87 FR 24752
NPRM Comment Period End............. 06/27/22 .......................
Final Rule.......................... 03/00/23 .......................
------------------------------------------------------------------------
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
453. Small Business Size Standards: Adjustment of Monetary Based Size
Standards for Inflation [3245-AH17]
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........................ 12/00/22 .......................
------------------------------------------------------------------------
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-AH17
454. Small Business Size Standards: Adjustment of Monetary Based Size
Standards, Disadvantage Thresholds, and 8(a) Eligibility Thresholds for
Inflation [3245-AH93]
Legal Authority: 15 U.S.C. 632(a); 15 U.S.C. 637(a)(6)(A)
Abstract: SBA intends to issue this rulemaking to adjust its
monetary small business size standards (i.e., receipts, net income, net
worth, and financial assets) for the effects of inflation that have
occurred since the last inflation adjustment, which was effective on
August 19, 2019. SBA is required by its regulations in 13 CFR
121.102(c) to review the effects of inflation on its monetary standards
at least once every five years. As in previous adjustments, SBA will
apply the Gross Domestic Product (GDP) price index as a measure of
inflation. This action will restore small business eligibility to
businesses that have lost that status due to inflation.
In addition, SBA intends to adjust other monetary thresholds in its
regulations that are otherwise not adjusted for inflation under FAR
1.109. These thresholds primarily are those used in the 8(a) Business
Development and the Economically Disadvantaged Women-Owned Small
Business (EDWOSB) programs to determine economic disadvantage. Others
are used to maintain eligibility for the 8(a) program. In some cases,
these thresholds have not been adjusted for 25 years. This action will
permit small businesses to retain eligibility as economically
disadvantaged and eligible for the 8(a) program, despite an increase in
inflation.
SBA will publicize the rule via the Small Business Procurement
Advisory Council, the Integrated Acquisition Environment, fbo.gov,
press releases, publication of this rule in the Federal Register,
emails to interested parties, and the size standards website at
www.sba.gov/size.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 11/17/22 87 FR 69118
Interim Final Rule Effective........ 12/19/22 .......................
Interim Final Rule Comment Period 01/17/23 .......................
End.
Final Rule.......................... 03/00/23 .......................
------------------------------------------------------------------------
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-AH93
SMALL BUSINESS ADMINISTRATION (SBA)
Completed Actions
455. Small Business Size Standards: Wholesale Trade and Retail Trade
[3245-AH10]
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.
[[Page 11305]]
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 06/14/22 87 FR 35869
Final Rule Effective................ 07/14/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Khem Raj Sharma, Phone: 202 205-7189, Fax: 202 205-
6390, Email: [email protected].
RIN: 3245-AH10
456. Small Business Size Standards: Adoption of 2022 North American
Industry Classification System for Size Standards [3245-AH89]
Legal Authority: 15 U.S.C. 632(a)
Abstract: This will amend SBA's Small Business Size Regulations by
incorporating the Office of Management and Budget's (OMB) 2022 revision
of the North American Industry Classification System (NAICS) into its
table of small business size standards. NAICS 2022 created 111 new
industries involving 147 NAICS 2017 industries in 11 Sectors, mostly in
Sector 44-45 (Retail Trade), followed by Sector 31-33 (Manufacturing),
and Sector 51 (Information). Of the 111 new industries, 79 were formed
by merging two or more of 124 industries or their parts. In addition,
the NAICS 2022 revised titles, 6-digit codes, or definitions of the 32
other NAICS 2017 industries or their parts. As a result, the size
standards for some existing industries or parts will change. Similar to
the adoptions of prior OMB revisions to NAICS in 2002, 2007, 2012, and
2017, SBA will adopt the NAICS 2022 revision to its table of size
standards, effective the beginning of the Federal government's new
fiscal year (October 1, 2022).
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/05/22 87 FR 40034
Final Rule.......................... 09/29/22 87 FR 59240
Final Rule Effective................ 10/01/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Khem Raj Sharma, Phone: 202 205-7189, Fax: 202 205-
6390, Email: [email protected].
RIN: 3245-AH89
[FR Doc. 2023-02035 Filed 2-21-23; 8:45 am]
BILLING CODE 8026-03-P
