[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Rules and Regulations]
[Pages 64509-64515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28586]


[[Page 64509]]

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Part XV





Small Business Administration





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Semiannual Regulatory Agenda

[[Page 64510]]



SMALL BUSINESS ADMINISTRATION (SBA)






_______________________________________________________________________

SMALL BUSINESS ADMINISTRATION

13 CFR Ch. I

Semiannual Regulatory Agenda

AGENCY: U.S. Small Business Administration (SBA).

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: The Regulatory Flexibility Act (RFA) and Executive Order 12866 
require each agency to publish semiannually a regulatory agenda 
(agenda) that includes an inventory of all current and projected 
rulemakings, including regulations the agency expects to develop during 
the next 12 months and regulations completed since the last publication 
of the agency's agenda. SBA is publishing this Agenda to provide the 
public with notice about SBA's regulatory activities and to provide 
specific information about those activities. This information will 
promote the public's participation in SBA's regulatory activities.

FOR FURTHER INFORMATION CONTACT: For additional information about 
specific regulatory actions listed in the Agenda, you should direct 
your comments and inquiries to the appropriate agency contact 
identified in each entry. For general information about the Agenda, you 
should direct your comments or inquiries to Martin ``Sparky'' Conrey, 
Assistant General Counsel for Legislation and Appropriations, U.S. 
Small Business Administration, 409 Third Street SW., Washington, DC 
20416, (202) 619-0638, [email protected].

SUPPLEMENTARY INFORMATION: This agenda announces the proposed 
regulatory actions that SBA plans for the next 12 months and those that 
were completed since the spring 2009 edition of the agenda. SBA is 
combining the publication of its agenda as required by statute and 
Executive order, and conforming them to the Unified Agenda of Federal 
Regulatory and Deregulatory Actions format developed by the Regulatory 
Information Service Center.

    The purpose of the agenda is to provide information to the 
public on regulations currently under review, being proposed, 
completed, or withdrawn by SBA. Accordingly, rulemaking action in 
SBA's agenda is grouped according to its stage of development. The 
stages of development are pre-rulemaking, proposed rules, final 
rules, and rulemaking actions completed since the spring 2009 
agenda. The agenda is intended to facilitate comments and views by 
interested members of the public. SBA encourages public 
participation in its rulemaking process through various mediums 
including www.regulations.gov. This website allows SBA to place 
rules on the website and receive public comments though that 
medium. SBA also provides a link from www.sba.gov to that website.

    SBA's regulations promote statutory mandates and Presidential 
directives linked to SBA's goals to improve the economic 
environment for small business; drive business formation, job 
growth, and economic expansion, particularly in underserved 
markets; restore homes and businesses affected by disaster; and to 
operate and manage SBA's programs and resources efficiently and 
effectively.

    Publication of proposed rulemaking actions in the agenda does 
not impose any obligation on SBA to take any final action with 
regard to any specific item. Furthermore, SBA is not precluded from 
rulemaking activities that are not listed in this agenda. The dates 
listed in the timetables for specific actions are estimates and not 
commitments to act on or by the particular date.

    For this edition of the SBA's regulatory agenda, the most 
important significant regulatory actions and a Statement of 
Regulatory Priorities are included in The Regulatory Plan, which 
appears in both the online Unified Agenda and in part II of the 
Federal Register that includes the Unified Agenda.

    Beginning with the fall 2007 publication, the Internet has 
become the basic means for disseminating the Unified Agenda. The 
complete Unified Agenda will be available online at 
www.reginfo.gov, in a format that offers users a greatly enhanced 
ability to obtain information from the Agenda database.

    Because publication in the Federal Register is mandated for the 
regulatory flexibility agenda required by the RFA (5 U.S.C. 602), 
SBA's printed agenda entries include only rules that are in the 
Agency's regulatory flexibility agenda, in accordance with the RFA, 
because they are likely to have a significant economic impact on a 
substantial number of small entities.

    Printing of these entries is limited to fields that contain 
information required by the RFA's agenda requirements. Additional 
information on these entries is available in the Unified Agenda 
published on the Internet. In addition, for fall editions of the 
Agenda, the entire Regulatory Plan will continue to be printed in 
the Federal Register, as in past years, including SBA's regulatory 
plan.

 Karen G. Mills,

Administrator.

                               Small Business Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
442         Small Business Development Centers (SBDC) Program Revisions...........................    3245-AE05
443         8(a) Business Development (Reg Plan Seq No. 158)......................................    3245-AF53
444         Small Business Size Regulations; Business Status Determinations; Protest and Appeal       3245-AF65
            Regulations...........................................................................
445         Small Business Size Standards: Retail Trade Industries (Reg Plan Seq No. 159).........    3245-AF69
446         Small Business Size Standards: Other Services (Reg Plan Seq No. 160)..................    3245-AF70
447         Small Business Size Standards: Accommodations and Food Service Industries (Reg Plan       3245-AF71
            Seq No. 161)..........................................................................
448         Women-Owned Small Business Federal Contract Assistance Procedures--Eligible Industries    3245-AF80
449         SBA Express Loan Program..............................................................    3245-AF85
450         Implementation of Energy Independence and Security Act of 2007........................    3245-AF86

[[Page 64511]]

 
451         Implementation of Military Reservist and Veteran Small Business Reauthorization and       3245-AF87
            Opportunity Act of 2008...............................................................
452         Implementation of Small Business Disaster Response and Loan Improvement Act of 2008:      3245-AF88
            Expedited Disaster Assistance Program.................................................
453         Implementation of Small Business Disaster Response and Loan Improvement Act of 2008:      3245-AF99
            Private Loan Disaster Program.........................................................
454         Implementation of Small Business Disaster Response and Loan Improvement Act of 2008:      3245-AG00
            Immediate Disaster Assistance Program.................................................
455         Interest Rate--Resetting Fixed Interest Rate..........................................    3245-AG03
456         504 Program Governance Regulations....................................................    3245-AG04
457         Small Business Size Standards for Loan, Investment, and Surety Programs...............    3245-AG05
458         Women-Owned Small Business Federal Contract Program (Reg Plan Seq No. 162)............    3245-AG06
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                                 Small Business Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
459         Lender Oversight Program..............................................................    3245-AE14
----------------------------------------------------------------------------------------------------------------


                                Small Business Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
460         Definition of ``Employee'' for Purposes of the HUBZone Program........................    3245-AF44
461         Implementation of American Recovery and Reinvestment Act of 2009......................    3245-AF89
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Small Business Administration (SBA)                 Proposed Rule Stage






_______________________________________________________________________




442. SMALL BUSINESS DEVELOPMENT CENTERS (SBDC) PROGRAM REVISIONS

Legal Authority: 15 USC 634(b)(6); 15 USC 648

Abstract: This rule would propose amendments to SBA's SBDC program 
regulations for the purpose of conforming the regulations to existing 
statutory requirements. This rule would amend: (1) Procedures for 
approving and funding of SBDCs; (2) approval procedures for travel 
outside the continental U.S. and U.S. territories; (3) procedures and 
requirements regarding findings and disputes resulting from financial 
exams, programmatic reviews, accreditation reviews, and other SBA 
oversight activities; (4) requirements for new and renewal applications 
for SBDC awards, including the requirements for electronic submission 
through the approved electronic Government submission facility; and (5) 
provisions regarding the collection and use of individual SBDC client 
data.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Antonio Doss, Director, Office of Small Business 
Development Centers, Small Business Administration, 409 Third Street 
SW, Washington, DC 20416
Phone: 202 205-6766
Email: [email protected]

RIN: 3245-AE05
_______________________________________________________________________




443. 8(A) BUSINESS DEVELOPMENT

 Regulatory Plan: This entry is Seq. No. 158 in part II of this issue 
of the Federal Register.

RIN: 3245-AF53
_______________________________________________________________________




444. SMALL BUSINESS SIZE REGULATIONS; BUSINESS STATUS DETERMINATIONS; 
PROTEST AND APPEAL REGULATIONS

Legal Authority: 15 USC 632; 15 USC 634

Abstract: SBA is proposing to standardize protest and appeal 
regulations across all small business programs and clarify the effect 
of a negative determination on the procurement in question. SBA's 
proposed rule will clarify that an award should not be made to an 
ineligible concern, and in cases where an award

[[Page 64512]]

has been made prior to an SBA final decision finding a business to be 
ineligible, the contracting agency shall either terminate the contract, 
not exercise an option, or not award further task or delivery orders to 
the ineligible concern. SBA is also proposing to clarify how 
contracting officers select NAICS codes for multiple award task and 
delivery order contracts. The changes recommended were prompted by 
recent bid protest litigation, a survey of cases handled by SBA's 
Government Contracting Area Offices, and recent rulings by SBA's Office 
of Hearings and Appeals.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Khem Sharma, Division Chief, Division of Size 
Standards, Office of Government Contracting/Business Development, Small 
Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-7189
Fax: 202 205-6390

RIN: 3245-AF65
_______________________________________________________________________




445. SMALL BUSINESS SIZE STANDARDS: RETAIL TRADE INDUSTRIES

 Regulatory Plan: This entry is Seq. No. 159 in part II of this issue 
of the Federal Register.

RIN: 3245-AF69
_______________________________________________________________________




446. SMALL BUSINESS SIZE STANDARDS: OTHER SERVICES

 Regulatory Plan: This entry is Seq. No. 160 in part II of this issue 
of the Federal Register.

RIN: 3245-AF70
_______________________________________________________________________




447. SMALL BUSINESS SIZE STANDARDS: ACCOMMODATIONS AND FOOD SERVICE 
INDUSTRIES

 Regulatory Plan: This entry is Seq. No. 161 in part II of this issue 
of the Federal Register.

RIN: 3245-AF71
_______________________________________________________________________




448. WOMEN-OWNED SMALL BUSINESS FEDERAL CONTRACT ASSISTANCE PROCEDURES--
ELIGIBLE INDUSTRIES

Legal Authority: Not Yet Determined

Abstract: The U.S. Small Business Administration (SBA) is prohibited 
from using funding in Fiscal Year 2009 to implement the program 
relating to Women-Owned Small Business (WOSB) Federal Contract 
Assistance Procedures published on October 1, 2008, by the Omnibus 
Appropriations Act, 2009, Div. D, title V, section 522 (Mar. 11, 2009). 
SBA plans to withdraw this proposed rule and promulgate a new rule in 
order to establish and implement an effective WOSB procurement program. 
SBA is committed to moving forward to implement a successful WOSB 
procurement program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/01/08                    73 FR 57014
NPRM Comment Period End         10/31/08
Reopening of Comment Period     01/12/09                     74 FR 1153
Comment Period End              03/13/09
Withdrawal and New Rule         02/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Dean R. Koppel, Acting Director for Government 
Contracting, Office of Policy, Planning and Liaison, Small Business 
Administration, 409 3rd Street SW, Washington, DC 20416
Phone: 202 205-7322
Fax: 202 481-1540

RIN: 3245-AF80
_______________________________________________________________________




449. SBA EXPRESS LOAN PROGRAM

Legal Authority: 15 USC 636(a)(31)

Abstract: SBA plans to issue regulations for the SBA Express loan 
program codified in section 7(a)(31) of the Small Business Act. The SBA 
Express loan program reduces the number of Government mandated forms 
and procedures, streamlines the processing and reduces the cost of 
smaller, less complex SBA loans. SBA Express loans carry a maximum SBA 
guaranty of 50 percent.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Grady Hedgespeth, Director, Office of Financial 
Assistance, Small Business Administration, 409 3rd Street SW, 
Washington, DC 20416
Phone: 202 205-7562
Email: [email protected].

RIN: 3245-AF85
_______________________________________________________________________




450. IMPLEMENTATION OF ENERGY INDEPENDENCE AND SECURITY ACT OF 2007

Legal Authority: 15 USC 636(a)(32)

Abstract: SBA plans to issue regulations to implement the small 
business energy provisions in the Energy Independence and Security Act 
of 2007. The new regulations will provide guidance on several program 
changes, including larger 504 loan limits to help small businesses 
develop energy efficient technologies, investments in energy saving 
small businesses, and an energy saving debenture program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: James W. Hammersley, Deputy Assistant Administrator, 
Office of Policy and Strategic Planning, Small Business Administration, 
409 Third Street SW, Washington, DC 20416
Phone: 202 205-6490

RIN: 3245-AF86
_______________________________________________________________________




451. IMPLEMENTATION OF MILITARY RESERVIST AND VETERAN SMALL BUSINESS 
REAUTHORIZATION AND OPPORTUNITY ACT OF 2008

Legal Authority: 15 USC 632(q); 15 USC 636(j)

Abstract: SBA plans to issue regulations to implement section 205 of 
the Military Reservist and Veteran Small Business Reauthorization and 
Opportunity Act. These regulations will provide guidance on tolling of 
time limitations for veteran-owned small businesses.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/10

[[Page 64513]]

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Dean R. Koppel, Acting Director for Government 
Contracting, Office of Policy, Planning and Liaison, Small Business 
Administration, 409 3rd Street SW, Washington, DC 20416
Phone: 202 205-7322
Fax: 202 481-1540

RIN: 3245-AF87
_______________________________________________________________________




452. IMPLEMENTATION OF SMALL BUSINESS DISASTER RESPONSE AND LOAN 
IMPROVEMENT ACT OF 2008: EXPEDITED DISASTER ASSISTANCE PROGRAM

Legal Authority: PL 110-246, sec 12085

Abstract: This proposed rule would establish and implement an expedited 
disaster assistance business loan program under which the SBA may, on 
an expedited basis, guarantee timely payment of principal and interest, 
as scheduled on any loan made to an eligible small business concern 
under paragraph (9) of section 7(b) of the Small Business Act (15 
U.S.C. 636(b)), as added by this Act. Paragraph (9) of section 7(b) of 
the Small Business Act provides that if the President declares a major 
disaster, the Administrator of the SBA may declare eligibility for 
additional disaster assistance if certain conditions are satisfied.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: James E. Rivera, Acting Associate Administrator for 
Disaster Assistance, Small Business Administration, 409 Third Street 
SW, Washington, DC 20416
Phone: 202 619-0005
Fax: 202 205-7728
Email: [email protected]

RIN: 3245-AF88
_______________________________________________________________________




453.  IMPLEMENTATION OF SMALL BUSINESS DISASTER 
RESPONSE AND LOAN IMPROVEMENT ACT OF 2008: PRIVATE LOAN DISASTER PROGRAM

Legal Authority: PL 110-246, sec 12083

Abstract: This proposed rule would establish and implement a private 
loan disaster program under which the SBA may guarantee timely payment 
of principal and interest, as scheduled, on any loan made to an 
eligible small business concern located in a disaster area and to an 
eligible individual. SBA may guarantee up to 85 percent of any loan 
under this program and the maximum amount of a loan under this program 
is $2 million.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: James E. Rivera, Acting Associate Administrator for 
Disaster Assistance, Small Business Administration, 409 Third Street 
SW, Washington, DC 20416
Phone: 202 619-0005
Fax: 202 205-7728
Email: [email protected]

RIN: 3245-AF99
_______________________________________________________________________




454.  IMPLEMENTATION OF SMALL BUSINESS DISASTER 
RESPONSE AND LOAN IMPROVEMENT ACT OF 2008: IMMEDIATE DISASTER ASSISTANCE 
PROGRAM

Legal Authority: 15 USC 636(b), 636(c), 636(d)

Abstract: This proposed rule would establish and implement an immediate 
disaster assistance program under which the Administration participates 
on a deferred (guaranteed) basis in 85 percent of the balance of the 
financing outstanding at the time of disbursement of the loan if such 
balance is less than or equal to $25,000 for businesses affected by a 
disaster. To receive a loan under section 42(a) of the Small Business 
Act, the applicant must also apply for, and meet basic eligibility 
standards for, a loan under section 7(b) or 7(c) of the Small Business 
Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: James E. Rivera, Acting Associate Administrator for 
Disaster Assistance, Small Business Administration, 409 Third Street 
SW, Washington, DC 20416
Phone: 202 619-0005
Fax: 202 205-7728
Email: [email protected]

RIN: 3245-AG00
_______________________________________________________________________




455.  INTEREST RATE--RESETTING FIXED INTEREST RATE

Legal Authority: 15 USC 634

Abstract: SBA currently offers either a fixed or variable interest rate 
for 7(a) loans. In addition to these rates, the Agency is working to 
develop a shorter term fixed interest rate with the ability to be re-
set periodic intervals. This type of rate is currently available in the 
commercial market place and will help provide additional options for 
small business borrowers. By authorizing this option, SBA is 
recognizing a need to allow lenders to utilize market opportunities. 
For example, SBA recently revised section 120.214 to allow the use of 
LIBOR.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Grady Hedgespeth, Director, Office of Financial 
Assistance, Small Business Administration, 409 3rd Street SW, 
Washington, DC 20416
Phone: 202 205-7562
Email: [email protected].

RIN: 3245-AG03
_______________________________________________________________________




456.  504 PROGRAM GOVERNANCE REGULATIONS

Legal Authority: 15 USC 695 et seq

Abstract: Title V of the Small Business Investment Act of 1958 (the 
``Act'') authorizes SBA to assist development company financings of 
small businesses in order to foster economic development and to create 
or preserve job opportunities in both urban and rural areas. SBA 
intends to propose a regulatory framework by analyzing the best CDC 
structure to improve the growth of CDC's and their ability to provide 
capital to small businesses by reducing the regulatory burden while 
maintaining appropriate controls to mitigate risk, and to encourage the 
expansion of CDC financings into communities not currently served. As 
part of this project, SBA will review existing regulations to determine 
what will be deleted or amended based upon the proposed regulatory 
framework. Also, SBA will review existing CDC

[[Page 64514]]

loan program regulations unrelated to CDC corporate governance to 
identify any needed technical changes and appropriate clarifications.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Grady Hedgespeth, Director, Office of Financial 
Assistance, Small Business Administration, 409 3rd Street SW, 
Washington, DC 20416
Phone: 202 205-7562
Email: [email protected].

RIN: 3245-AG04
_______________________________________________________________________




457.  SMALL BUSINESS SIZE STANDARDS FOR LOAN, 
INVESTMENT, AND SURETY PROGRAMS

Legal Authority: Not Yet Determined

Abstract: SBA currently sets different size standards for participation 
in its financial assistance programs. 7(a) borrowers use the standards 
set out for procurement programs or a temporary alternate standard; 504 
borrowers may use the 7(a) standards or an alternate standard; SBIC 
investment may be made to small businesses that qualify through another 
standard; and Surety Bond program participants must meet still 
different requirements. As part of an overall Agency program, SBA will 
review financial program eligibility regulations in order to update 
size eligibility requirements among these programs.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Khem Sharma, Division Chief, Division of Size 
Standards, Office of Government Contracting/Business Development, Small 
Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-7189
Fax: 202 205-6390

RIN: 3245-AG05
_______________________________________________________________________




458. WOMEN-OWNED SMALL BUSINESS FEDERAL CONTRACT PROGRAM

 Regulatory Plan: This entry is Seq. No. 162 in part II of this issue 
of the Federal Register.

RIN: 3245-AG06
_______________________________________________________________________


Small Business Administration (SBA)                    Final Rule Stage






_______________________________________________________________________




459. LENDER OVERSIGHT PROGRAM

Legal Authority: 15 USC 634(b)(6),(b)(7),(b)(14),(h), and note; 
687(f),697(e)(c)(8), and 650.

Abstract: This rule implements the Small Business Administration's 
(SBA) statutory authority under the Small Business Reauthorization and 
Manufacturing Assistance Act of 2004 (Reauthorization Act) to regulate 
Small Business Lending Companies (SBLCs) and non-federally regulated 
lenders (NFRLs). It also conforms SBA rules to various changes in the 
section 7(a) Business Loan Program and the Certified Development 
Company (CDC) Program.
In particular, this rule (1) Defines SBLCs and NFRLs; (2) clarifies 
SBA's authority to regulate SBLCs and NFRLs; (3) authorizes SBA to set 
certain minimum capital standards for SBLCs, to issue cease and desist 
orders, and revoke or suspend lending authority of SBLCs and NFRLs; (4) 
establishes the Bureau of Premier Certified Lender Program Oversight in 
the Office of Credit Risk management; (5) transfers existing SBA 
enforcement authority over CDCs from the Office of Financial Assistance 
to the appropriate official in the Office of Capital Access; and (6) 
defines SBA's oversight and enforcement authorities relative to all SBA 
lenders participating in the 7(a) and CDC programs and intermediaries 
in the Microloan program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/31/07                    72 FR 61752
NPRM Comment Period Extended    12/20/07                    72 FR 72264
NPRM Comment Period End         02/29/08
Interim Final Rule              12/11/08                    73 FR 75498
Interim Final Rule Comment 
Period End                      03/11/09
Interim Final Rule Effective    01/12/09
Final Action                    06/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Bryan Hooper, Director, Office of Credit Risk 
Management, Small Business Administration, 409 3rd Street SW, 
Washington, DC 20416
Phone: 202 205-3049
Fax: 202 205-6831
Email: [email protected]

RIN: 3245-AE14
_______________________________________________________________________


Small Business Administration (SBA)                   Completed Actions






_______________________________________________________________________




460. DEFINITION OF ``EMPLOYEE'' FOR PURPOSES OF THE HUBZONE PROGRAM

Legal Authority: 15 USC 657 (a)

Abstract: The purpose of this rule is to amend the definition of 
``employee'' under 13 CFR 126.103. The definition of ``employee'' in 
part 126 is relevant to SBA's determination of whether a concern is 
eligible for certification as a HUBZone small business concern. On May 
13, 2004, SBA issued an Advance Notice of Proposed Rulemaking 
requesting comments on, among other

[[Page 64515]]

things, specific issues related to the definition of ``employee,'' 
including the status of part-time, leased, and temporary employees, and 
the use of the term ``full-time equivalent'' in the definition of 
``employee.'' After careful consideration of the comments received, SBA 
has decided to amend the definition of ``employee'' to reflect current 
business operations, market conditions, and personnel practices within 
the small business community.

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Final Action                    11/03/09                    74 FR 56699
Final Action Effective          05/03/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Guy A. Torres
Phone: 202 205-7583
Email: [email protected]

RIN: 3245-AF44
_______________________________________________________________________




461. IMPLEMENTATION OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009

Legal Authority: 15 USC 636; 15 USC 683(b); 15 USC 686(a); 15 USC 
695,697

Abstract: SBA plans to issue regulations to implement the American 
Recovery and Reinvestment Act of 2009. The new regulations will make 
conforming changes to existing regulations and establish several new 
programs. These programs include a secondary market guarantee program 
for 504 first mortgages, a refinancing program for community 
development loans, a business stabilization loan program for small 
businesses experiencing immediate financial hardship, and a program to 
make loans to systemically important SBA secondary market broker-
dealers. In addition, new regulations will increase the maximum 
leverage limits for small business investment companies, and will 
increase the maximum contract amount in the Surety Bond Guarantee 
program.

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Withdrawn--Duplicate            10/10/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Eric R Zarnikow
Phone: 202 205-6657
Fax: 202 481-0797
Email: [email protected]

RIN: 3245-AF89
[FR Doc. E9-28586 Filed 12-04-09; 8:45 am]
BILLING CODE 8025-01-S