[Federal Register Volume 78, Number 141 (Tuesday, July 23, 2013)]
[Proposed Rules]
[Pages 44332-44339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17073]



[[Page 44331]]

Vol. 78

Tuesday,

No. 141

July 23, 2013

Part XIX





Small Business Administration





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Semiannual Regulatory Agenda

  Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / 
Unified Agenda  

[[Page 44332]]


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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 Regulatory Agenda is a semiannual summary of all current 
and projected rulemakings and completed actions of the Small Business 
Administration (SBA). SBA expects that this summary information will 
enable the public to be more aware of, and effectively participate in, 
SBA's regulatory activity. SBA invites the public to submit comments on 
any aspect of this Agenda.

FOR FURTHER INFORMATION CONTACT:

General

    Please direct general comments or inquiries to Imelda A. Kish, Law 
Librarian, U.S. Small Business Administration, 409 Third Street SW., 
Washington, DC 20416, (202) 205-6849, [email protected].

Specific

    Please direct specific comments and inquiries on individual 
regulatory activities identified in this Agenda to the individual 
listed in the summary of the regulation as the point of contact for 
that regulation.

SUPPLEMENTARY INFORMATION: SBA provides this notice under the 
requirements of the Regulatory Flexibility Act, 5 U.S.C. sections 601 
to 612 and Executive Order 12866 ``Regulatory Planning and Review,'' 
which require each agency to publish a semiannual agenda of 
regulations. The Regulatory Agenda is a summary of all current and 
projected Agency rulemakings, as well as actions completed since the 
publication of the last Regulatory Agenda. SBA's last Semiannual 
Regulatory Agenda was published on January 8, 2013, at 78 FR 1636. The 
Semiannual Agenda of the SBA conforms to the Unified Agenda format 
developed by the Regulatory Information Service Center.
    Beginning with the fall 2007 edition, the Unified Agenda has been 
disseminated via the Internet. The complete Unified Agenda will be 
available online at www.reginfo.gov in a format that greatly enhances a 
user's ability to obtain information about the rules in SBA's Agenda.
    The Regulatory Flexibility Act requires Federal agencies to publish 
their regulatory flexibility agendas in the Federal Register. 
Therefore, SBA's printed agenda entries include regulatory actions that 
are in the SBA's regulatory flexibility agenda. A regulatory 
flexibility agenda contains, among other things, ``a brief description 
of the subject area of any rule . . . which is 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 Regulatory Flexibility Act's Agenda 
requirements. Additional information on these entries is available in 
the Unified Agenda published on the Internet.

    Dated: April 25, 2013.
Karen G. Mills,
Administrator.

           Small Business Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
247.......................  Small Business Development         3245-AE05
                             Centers (SBDC) Program
                             Revisions.
248.......................  SBA Express Loan Program;          3245-AF85
                             Export Express Program.
249.......................  Implementation of Small            3245-AF88
                             Business Disaster
                             Response and Loan
                             Improvement Act of 2008:
                             Expedited Disaster
                             Assistance Program.
250.......................  Implementation of Small            3245-AF99
                             Business Disaster
                             Response and Loan
                             Improvement Act of 2008:
                             Private Loan Disaster
                             Program.
251.......................  Women's Business Center            3245-AG02
                             Program.
252.......................  Small Business Jobs Act:           3245-AG16
                             Small Business Size
                             Standards; Alternative
                             Size Standard for 7(a)
                             and 504 Business Loan
                             Programs.
253.......................  Small Business Mentor-             3245-AG24
                             Protege Programs.
254.......................  Small Business HUBZone             3245-AG38
                             Program.
255.......................  Agent Revocation and               3245-AG40
                             Suspension Procedures.
256.......................  Small Business Size                3245-AG49
                             Standards: Employee Based
                             Size Standards for
                             Wholesale Trade and
                             Retail Trade.
257.......................  Small Business Size                3245-AG50
                             Standards for
                             Manufacturing.
258.......................  Small Business Size                3245-AG51
                             Standards for Other
                             Industries With Employee-
                             Based Size Standards Not
                             Part of Manufacturing
                             Wholesale Trade or Retail
                             Trade.
------------------------------------------------------------------------


             Small Business Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
259.......................  Lender Oversight Program..         3245-AE14
260.......................  Small Business Technology          3245-AF45
                             Transfer (STTR) Policy
                             Directive.
261.......................  Small Business Innovation          3245-AF84
                             Research (SBIR) Program
                             Policy Directive.
262.......................  504 and 7(a) Loan Programs         3245-AG04
                             Updates.
263.......................  Acquisition Process: Task          3245-AG20
                             and Delivery Order
                             Contracts, Bundling,
                             Consolidation.
264.......................  Small Business                     3245-AG22
                             Subcontracting.
265.......................  Small Business Size and            3245-AG23
                             Status Integrity.
266.......................  Small Business Size                3245-AG25
                             Standards for Utilities.
267.......................  Small Business Size                3245-AG37
                             Standards: Construction.
------------------------------------------------------------------------


[[Page 44333]]


            Small Business Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
268.......................  Small Business Size                3245-AG36
                             Standards: Arts,
                             Entertainment, and
                             Recreation.
269.......................  Small Business Size                3245-AG43
                             Standards: Agriculture,
                             Forestry, Fishing, and
                             Hunting.
270.......................  Small Business Size                3245-AG44
                             Standards: Support
                             Activities for Mining.
271.......................  Small Business Size                3245-AG45
                             Standards: Finance and
                             Insurance; Management of
                             Companies and Enterprises.
272.......................  Small Business Size                3245-AG46
                             Regulations, Small
                             Business Innovation
                             Research (SBIR) Program
                             and Small Business
                             Technology Transfer
                             (STTR) Program.
------------------------------------------------------------------------


SMALL BUSINESS ADMINISTRATION (SBA)

Proposed Rule Stage

247. Small Business Development Centers (SBDC) Program Revisions

    Legal Authority: 15 U.S.C. 634(b)(6); 15 U.S.C. 648
    Abstract: This rule would update Small Business Development Center 
(SBDC) program regulations by amending among other things: (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................................   10/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: John C. Lyford, Deputy Associate Administrator, 
Office of Small Development Centers, Small Business Administration, 409 
Third Street SW., Washington, DC 20416, Phone: 202 205-7159, Fax: 202 
481-2613, Email: [email protected].
    RIN: 3245-AE05

248. SBA Express Loan Program; Export Express Program

    Legal Authority: 15 U.S.C. 636(a)(31) and (35)
    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. Particular features of the SBA Express 
loan program include: (1) SBA Express loans carry a maximum SBA 
guaranty of 50 percent; (2) a response to an SBA Express loan 
application will be given within 36 hours; (3) lenders and borrowers 
can negotiate the interest rate, which may not exceed SBA maximums; and 
(4) qualified lenders may be granted authorization to make eligibility 
determinations. SBA also plans to issue regulations for the Export 
Express Program codified at 7(a)(35) of the Small Business Act. The 
Export Express Program, made permanent by the Small Business Jobs Act, 
makes guaranteed financing available for export development activities.
    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michael A. Simmons, Acting Director, Office of 
Financial Assistance, Small Business Administration, 409 Third Street 
SW., Washington, DC 20416, Phone: 202 205-7562, Fax: 202 481-0248, 
Email: [email protected].
    RIN: 3245-AF85

249. Implementation of Small Business Disaster Response and Loan 
Improvement Act of 2008: Expedited Disaster Assistance Program

    Legal Authority: 15 U.S.C. 636(j)
    Abstract: This proposed rule would establish and implement an 
expedited disaster assistance business loan program under which the SBA 
will guarantee short-term loans made by private lenders to eligible 
small businesses located in a catastrophic disaster area. The maximum 
loan amount is $150,000, and SBA will guarantee timely payment of 
principal and interest to the lender. The maximum loan term will be 180 
days, and the interest rate will be limited to 300 basis points over 
the Federal funds rate.
    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michael A. Simmons, Acting Director, Office of 
Financial Assistance, Small Business Administration, 409 Third Street 
SW., Washington, DC 20416, Phone: 202 205-7562, Fax: 202 481-0248, 
Email: [email protected].
    RIN: 3245-AF88

250. Implementation of Small Business Disaster Response and Loan 
Improvement Act of 2008: Private Loan Disaster Program

    Legal Authority: 15 U.S.C. 636
    Abstract: This proposed rule would establish and implement a 
private disaster loan program under which SBA will guarantee loans made 
by qualified lenders to eligible small businesses and homeowners 
located in a catastrophic disaster area. Private disaster loans made 
under this programs will have the same terms and conditions as SBA's 
direct disaster loans. In addition, SBA will guarantee timely payment 
of principal and interest to the lender. SBA may guarantee up to 85 
percent of any loan under this program and the maximum loan amount is 
$2 million.
    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michael A. Simmons, Acting Director, Office of 
Financial Assistance, Small Business Administration, 409 Third Street 
SW., Washington, DC 20416, Phone: 202 205-7562, Fax: 202 481-0248, 
Email: [email protected].
    RIN: 3245-AF99

251. Women's Business Center Program

    Legal Authority: 15 U.S.C. 631; 15 U.S.C. 656

[[Page 44334]]

    Abstract: SBA's Office of Women's Business Ownership (OWBO) 
oversees a network of SBA-funded Women's Business Centers (WBCs) 
throughout the United States and its territories. WBCs provide 
management and technical assistance to small business concerns both 
nascent and established, with a focus on such businesses that are owned 
and controlled by women, or on women planning to start a business, 
especially women who are economically or socially disadvantaged. The 
training and counseling provided by the WBCs encompass a comprehensive 
array of topics, such as finance, management and marketing in various 
languages. This rule would propose to codify the requirements and 
procedures that govern the delivery, funding and evaluation of the 
management and technical assistance provided under the WBC Program. The 
rule would address, among other things, the eligibility criteria for 
selection as a WBC, use of Federal funds, standards for effectively 
carrying out program duties and responsibilities, and the requirements 
for reporting on financial and programmatic performance.
    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Bruce D. Purdy, Acting Assistant Administrator, 
Office of Women's Business Ownership, Small Business Administration, 
Phone: 202 205-7532, Email: [email protected].
    RIN: 3245-AG02

252. Small Business Jobs Act: Small Business Size Standards; 
Alternative Size Standard for 7(a) and 504 Business Loan Programs

    Legal Authority: Pub. L. 111-240, sec 1116
    Abstract: SBA will amend its size eligibility criteria for Business 
Loans and for development company loans under title V of the Small 
Business Investment Act (504). For the SBA 7(a) Business Loan Program, 
the amendments will provide an alternative size standard for loan 
applicants that do not meet the small business size standards for their 
industries. For the 504 Program, the amendments will increase the 
current alternative standard for applicants for 504 loans. The Small 
Business Jobs Act of 2010 (Jobs Act) established alternative size 
standards that apply to both of these programs until the SBA's 
Administrator establishes other alternative size standards. This 
interim final rule will be effective when published because the 
alternative size standards that the Jobs Act established were effective 
September 27, 2010, the date of its enactment. These alternative size 
standards do not affect other Federal Government programs, including 
Federal procurement.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/13
------------------------------------------------------------------------

    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

253. Small Business Mentor-Protege Programs

    Legal Authority: Pub. L. 111-240; sec 1347; 15 U.S.C. 657r
    Abstract: SBA currently has a mentor-protege program for the 8(a) 
Business Development Program that is intended to enhance the 
capabilities of the protege and to improve its ability to successfully 
compete for Federal contracts. The Small Business Jobs Act authorized 
SBA to use this model to establish similar mentor-protege programs for 
the Service Disabled Veteran-Owned, HUBZone, and Women-Owned Small 
Federal Contract Business Programs and the National Defense 
Authorization Act for Fiscal Year 2013 authorized this for all small 
businesses. This authority is consistent with recommendations issued by 
an interagency task force created by President Obama on Federal 
Contracting Opportunities for Small Businesses. During the next 12 
months, SBA will make it a priority to issue regulations establishing 
the three newly authorized mentor-protege programs and set out the 
standards for participating as a mentor or protege in each. As is the 
case with the current mentor-protege program, the various forms of 
assistance that a mentor will be expected to provide to a protege 
include technical and/or management assistance; financial assistance in 
the form of equity investment and/or loans; subcontracts; and/or 
assistance in performing prime contracts with the Government in the 
form of joint venture arrangements.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dean R. Koppel, Assistant Director, Office of 
Policy and Research, Small Business Administration, 409 Third Street 
SW., Washington, DC 20416, Phone: 202 205-7322, Fax: 202 481-1540, 
Email: [email protected].
    RIN: 3245-AG24

254. Small Business HUBZone Program

    Legal Authority: 15 U.S.C. 657a
    Abstract: SBA has been reviewing its processes and procedures for 
implementing the HUBZone program and has determined that several of the 
regulations governing the program should be amended in order to resolve 
certain issues that have arisen. As a result, the proposed rule would 
constitute a comprehensive revision of part 126 of SBA's regulations to 
clarify current HUBZone Program regulations, and implement various new 
procedures. The amendments will make it easier for participants to 
comply with the program requirements and enable them to maximize the 
benefits afforded by participation. In developing this proposed rule, 
SBA will focus on the principles of Executive Order 13563 to determine 
whether portions of regulations should be modified, streamlined, 
expanded or repealed to make the HUBZone program more effective and/or 
less burdensome on small business concerns. At the same time, SBA will 
maintain a framework that helps identify and reduce waste, fraud, and 
abuse in the program.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Mariana Pardo, Director, Office of Hubzone, Small 
Business Administration, 409 3rd Street SW., Washington, DC 20416, 
Phone: 202 205-2985, Email: [email protected].
    RIN: 3245-AG38

255. Agent Revocation and Suspension Procedures

    Legal Authority: Not Yet Determined
    Abstract: These changes to 13 CFR sections 103, 134, and 2 CFR 2700 
lay out a procedural process for SBA's revocation of the privilege of 
agents to conduct business with the Agency.

[[Page 44335]]

Included in this process are procedure for proposed revocation, the 
opportunity to object to the proposed revocation, the revocation 
decision, as well as requests for reconsideration. These procedures 
also provide for suspension of the privilege to conduct business with 
the Agency pending a revocation action. In addition, these changes 
remove Office of Hearings and Appeals review of suspension, revocation, 
and debarment actions by SBA.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Christopher J. McClintock, Trial Attorney, Small 
Business Administration, 409 3rd Street SW., Washington, DC 20416, 
Phone: 202 205-7715, Email: [email protected]
    RIN: 3245-AG40

256. Small Business Size Standards: Employee Based Size Standards for 
Wholesale Trade and Retail Trade

    Legal Authority: 15 U.S.C. 632(a)
    Abstract: SBA is conducting a comprehensive review of all small 
business size standards to determine whether the existing size 
standards should be retained or revised. As part of this effort, SBA 
has evaluated each industry in North American Industry Classification 
System (NAICS) Sector 42, Wholesale Trade, and Sector 44-45, Retail 
Trade and revised these employee-based size standards for certain 
industries in those sectors. This is one of the rules that will examine 
industries grouped by an NAICS Sector. SBA has applied its ``Size 
Standards Methodology,'' which is available on its Web site at http://www.sba.gov/size, to this purposed rule.

    NOTE: The title for this rule has been changed since the rule 
was first reported in the Regulatory Agenda on January 8, 2013, from 
``Small Business Size Standards for Wholesale Trade'' to ``Small 
Business Size Standards: Employee Based Size Standards for Wholesale 
Trade and Retail Trade.'' The title was changed to make it clear 
that the rule also addresses industries with employee based size 
standards in Retail Trade.

    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/13
------------------------------------------------------------------------

    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-AG49

257. Small Business Size Standards for Manufacturing

    Legal Authority: 15 U.S.C. 632(a)
    Abstract: SBA is conducting a comprehensive review of all small 
business size standards to determine whether the existing size 
standards should be retained or revised. As part of this effort, SBA 
has evaluated each industry in North American Industry Classification 
System (NAICS) Sector 31-33, Manufacturing, and revised these employee-
based size standards for certain industries in the sector. This is one 
of the rules that will examine industries grouped by an NAICS Sector. 
SBA has applied its ``Size Standards Methodology,'' which is available 
on its Web site at http://www.sba.gov/size, to this proposed rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/13
------------------------------------------------------------------------

    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-AG50

258. Small Business Size Standards for Other Industries With Employee-
Based Size Standards Not Part of Manufacturing Wholesale Trade or 
Retail Trade

    Legal Authority: 15 U.S.C. 632(a)
    Abstract: SBA is conducting a comprehensive review of all small 
business size standards to determine whether the existing size 
standards should be retained or revised. As part of this effort, SBA 
has evaluated each industry that has an employee-based standard but is 
not part of North American Industry Classification System (NAICS) 
Sector 31-33, Manufacturing, Sector 42, Wholesale Trade, or Sector 44-
45, Retail Trade and revised size standards for some of those 
industries. This is one of the rules that will examine industries 
grouped by an NAICS Sector. SBA has applied its ``Size Standards 
Methodology,'' which is available on its Web site at http://www.sba.gov/size, to this proposed rule.
    Please Note: The title for this rule has been changed since it was 
first announced in the Regulatory Agenda on January 8, 2013, to add the 
words ``or Retail Trade'' at the end of the previous title. This change 
makes it clear that industries in the retail trade with employee-based 
size standards are also not addressed in the rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/13
------------------------------------------------------------------------

    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-AG51

SMALL BUSINESS ADMINISTRATION (SBA)

Final Rule Stage

259. Lender Oversight Program

    Legal Authority: 15 U.S.C. 634(b)(6),(b)(7),(b)(14),(h) and note; 
687(f), 697e(c)(8), and 650
    Abstract: This rule implements the Small Business Administration's 
(SBA) statutory authority under the Small Business Act to regulate 
Small Business Lending Companies (SBLCs) and non-federally regulated 
lenders (NFRLs). It also conforms SBA rules for 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:

[[Page 44336]]



------------------------------------------------------------------------
               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      03/11/09
 End.
Interim Final Rule Effective........   01/12/09
Final Rule..........................   12/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Brent Ciurlino, Director, Office of Credit Risk 
Management, Small Business Administration, 409 3rd Street SW., 
Washington, DC 20416, Phone: 202 205-6538, Email: 
[email protected].
    RIN: 3245-AE14

260. Small Business Technology Transfer (STTR) Policy Directive

    Legal Authority: 15 U.S.C. 638(p); Pub. L. 112-81, sec 5001, et 
seq.
    Abstract: The amendments to the Small Business Technology Transfer 
(STTR) Policy Directive cover, in general: extension of the program 
through 2017; increase in percentage of extramural research and 
development budget reserved for program; annual adjustment of award 
guidelines for inflation; authority for SBIR awardees to receive STTR 
awards and vice versa; prevention of duplicate awards; requirements for 
agencies to allow business concerns owned by multiple venture capital 
operating companies, hedge funds or private equity firms to participate 
in the program; authority for small businesses to contract with Federal 
laboratory and restrictions on advanced payment to laboratories; 
technical assistance amendments; commercialization readiness and 
commercialization readiness pilot for civilian agencies; additional 
annual report and data collection requirements; and funding for 
administration and oversight of programs.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice..............................   08/06/12  77 FR 46855
Notice Effective....................   08/06/12  77 FR 46855
Comment Period End..................   10/05/12
Final Action........................   08/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Edsel M. Brown Jr., Assistant Director, Office of 
Innovation, Small Business Administration, 409 Third Street SW., 
Washington, DC 20416, Phone: 202 205-6450, Email: [email protected].
    RIN: 3245-AF45

261. Small Business Innovation Research (SBIR) Program Policy Directive

    Legal Authority: 15 U.S.C. 638(j); Pub. L. 112-81, sec 5001, et 
seq.
    Abstract: The amendments to the Small Business Innovation Research 
Policy Directive cover, in general: extension of the program through 
2017; increase in percentage of extramural research and development 
budget reserved for program; annual adjustment of award guidelines for 
inflation; authority for SBIR awardees to receive STTR awards and vice 
versa; prevention of duplicate awards; requirements for agencies to 
allow business concerns owned by multiple venture capital operating 
companies, hedge funds or private equity firms to participate in the 
program; authority for small businesses to contract with Federal 
laboratory and restrictions on advanced payment to laboratories; 
technical assistance amendments; commercialization readiness and 
commercialization readiness pilot for civilian agencies; additional 
annual report and data collection requirements; and funding for 
administration and oversight of programs.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice..............................   08/06/12  77 FR 46806
Notice Effective....................   08/06/12  77 FR 46806
Comment Period End..................   10/05/12
Final Action........................   08/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Edsel M. Brown Jr., Assistant Director, Office of 
Innovation, Small Business Administration, 409 Third Street SW., 
Washington, DC 20416, Phone: 202 205-6450, Email: [email protected].
    RIN: 3245-AF84

262. 504 and 7(a) Loan Programs Updates

    Legal Authority: 15 U.S.C. 695 et seq., 15 U.S.C. 636
    Abstract: The 7(a) Loan Program and 504 Loan Program are SBA's two 
primary business loan programs authorized under the Small Business Act 
and the Small Business Investment Act of 1958, respectively. The 7(a) 
Loan Program's main purpose is to help eligible small businesses obtain 
credit when they cannot obtain ``credit elsewhere.'' This program is 
also an important engine for job creation. On the other hand, the core 
mission of the 504 Loan Program is to provide long-term fixed asset 
financing to small businesses to facilitate the creation of jobs and 
local economic development. The purpose of this proposed rulemaking is 
to reinvigorate these programs as vital tools for creating and 
preserving American jobs. SBA proposes to strip away regulatory 
restrictions that detract from the 504 Loan Program's core job creation 
mission as well as the 7(a) Loan Program's positive job creation impact 
on the American economy. The proposed changes would enhance job 
creation through increasing eligibility for loans under SBA's business 
loan programs, including its Microloan Program, and by modifying 
certain program participant requirements applicable to these two 
programs. The major changes that SBA is proposing include changes 
relating to affiliation principles, the personal resources test, the 9-
month rule for the 504 Loan Program, and CDC operational and 
organizational requirements.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/25/13  78 FR 12633
NPRM Comment Period End.............   04/26/13
Final Rule..........................   07/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: John P. Kelley, Senior Advisor to the Associate 
Administrator, Small Business Administration, 409 Third Street SW., 
Washington, DC 20416, Phone: 202 205-0067, Fax: 202 292-3844, Email: 
[email protected].
    RIN: 3245-AG04

263. Acquisition Process: Task and Delivery Order Contracts, Bundling, 
Consolidation

    Legal Authority: Pub. L. 111-240; sec 1311; 1312; 1313; 1331
    Abstract: The U.S. Small Business Administration (SBA) is issuing 
regulations that will establish guidance under which Federal agencies 
may set aside part of a multiple award contract for small business 
concerns, set aside orders placed against multiple award contracts for 
small business concerns, and reserve one or more awards for small 
business concerns under full and open competition for a multiple award 
contract. These regulations will apply to small businesses, including 
those small businesses eligible for SBA's socioeconomic programs. The

[[Page 44337]]

regulations will also set forth a Governmentwide policy on bundling, 
which will address teams and joint ventures of small businesses and the 
requirement that each Federal agency must publish on its Web site the 
rationale for any bundled contract. In addition, the regulations will 
address contract consolidation and the limitations on the use of such 
consolidation in Federal procurement to include ensuring that the head 
of a Federal agency may not carry out a consolidated contract over $2 
million unless the Senior Procurement Executive or Chief Acquisition 
Officer ensures that market research has been conducted and determines 
that the consolidation is necessary and justified.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/16/12  77 FR 29130
NPRM Comment Period End.............   07/16/12
Final Rule..........................   07/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dean R. Koppel, Assistant Director, Office of 
Policy and Research, Small Business Administration, 409 Third Street 
SW., Washington, DC 20416, Phone: 202 205-7322, Fax: 202 481-1540, 
Email: [email protected].
    RIN: 3245-AG20

264. Small Business Subcontracting

    Legal Authority: Pub. L. 111-240; sec 1321 and 1322; 1334
    Abstract: These regulations address subcontracting compliance and 
the interrelationship between contracting offices, small business 
offices, and program offices relating to oversight and review 
activities. The regulation also addresses the statutory requirement 
that a large business prime contractor must represent that it will make 
good faith efforts to award subcontracts to small businesses at the 
same percentage as indicated in the subcontracting plan submitted as 
part of its proposal for a contract and that if the percentage is not 
met, the large business prime contractor must provide a written 
justification and explanation to the contracting officer. Finally, the 
regulation also addresses the statutory requirement that a prime 
contractor must notify the contracting officer in writing if it has 
paid a reduced price to a subcontractor for goods and services or if 
the payment to the subcontractor is more than 90 days past due.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/05/11  76 FR 61626
NPRM Comment Period End.............   12/05/11
NPRM Comment Period Reopened........   12/01/11  76 FR 74749
Second NPRM Comment Period End......   01/06/12
Final Rule..........................   07/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dean R. Koppel, Assistant Director, Office of 
Policy and Research, Small Business Administration, 409 Third Street 
SW., Washington, DC 20416, Phone: 202 205-7322, Fax: 202 481-1540, 
Email: [email protected].
    RIN: 3245-AG22

265. Small Business Size and Status Integrity

    Legal Authority: Pub. L. 111-240; sec 1341 and 1343
    Abstract: These regulations address the intentional 
misrepresentations of small business status as a ``presumption of loss 
against the Government.'' In addition, the rule addresses the statutory 
requirement that no business may continue to certify itself as small on 
the System for Award Management (SAM) without first providing an annual 
certification.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/07/11  76 FR 62313
NPRM Comment Period End.............   11/07/11
NPRM Comment Period Extended........   11/08/11  76 FR 69154
NPRM Extended Comment Period End....   12/08/11
Final Rule..........................   07/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dean R. Koppel, Assistant Director, Office of 
Policy and Research, Small Business Administration, 409 Third Street 
SW., Washington, DC 20416, Phone: 202 205-7322, Fax: 202 481-1540, 
Email: [email protected].
    RIN: 3245-AG23

266. Small Business Size Standards for Utilities

    Legal Authority: 15 U.S.C. 632(a)
    Abstract: On July 19, 2012, the U.S. Small Business Administration 
(SBA) proposed to revise the small business size standards for nine 
industries in North American Industry Classification System (NAICS) 
Sector 22, Utilities. For industries involved in electric power 
generation, transmission and distribution, SBA proposed to replace the 
current size standard of 4 million megawatt hours in electric output 
with an employee based size standard of 500 employees. SBA also 
proposed to increase the small business size standards for three 
industries in NAICS Sector 22 that have receipt based size standards. 
As part of its effort to review all size standards as required by the 
Small Business Jobs Act of 2010, SBA evaluated all industries in NAICS 
Sector 22 that have either electric output based or receipts based size 
standards to determine whether the existing size standards should be 
retained or revised. The proposed rule is one of the rules that will 
examine industries grouped by NAICS sector. SBA applied its ``Size 
Standards Methodology,'' which is available on its Web site at http://www.sba.gov/size, to prepare the proposed rule. SBA expects to publish 
the final rule in the near future.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/19/12  77 FR 42441
NPRM Comment Period End.............   09/17/12
Final Rule..........................   10/00/13
------------------------------------------------------------------------

    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-AG25

267. Small Business Size Standards: Construction

    Legal Authority: 15 U.S.C. 632(a)
    Abstract: On July 18, 2012, the U.S. Small Business Administration 
(SBA) published a proposed rule to increase small business size 
standards for one industry and one sub-industry in North American 
Industry Classification System (NAICS) Sector 23, Construction. 
Specifically, SBA proposed to increase the size standard for NAICS 
237210, Land Subdivision, from $7 million to $25 million and the size 
standard for Dredging and Surface Cleanup Activities, a sub-industry 
category (or an ``exception'') under NAICS 237990, Other Heavy and 
Civil Engineering Construction, from $20 million to $30 million in 
average annual receipts. As part of its ongoing

[[Page 44338]]

comprehensive size standards review, SBA evaluated all size standards 
in NAICS Sector 23 to determine whether they should be retained or 
revised. The proposed rule is one of the rules that examines size 
standards of industries grouped by NAICS Sector. SBA has applied its 
``Size Standards Methodology,'' which is available on its Web site at 
http://www.sba.gov/size, to prepare the proposed rule. SBA expects to 
publish the final rule in the near future.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/18/12  77 FR 42197
NPRM Comment Period End.............   09/17/12
Final Rule..........................   10/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Khem Raj Sharma, Chief, Office of Size Standards, 
Small Business Administration, 409 Third Street SW., Washington, DC 
20416, Phone: 202 205-6390, Fax: 202 205-6390.
    RIN: 3245-AG37

SMALL BUSINESS ADMINISTRATION (SBA)

Completed Actions

268. Small Business Size Standards: Arts, Entertainment, and Recreation

    Legal Authority: 15 U.S.C. 632(a)
    Abstract: On July 18, 2012, the U.S. Small Business Administration 
(SBA) issued a proposed rule to increase the small business size 
standards for 17 industries in North American Industry Classification 
System (NAICS) Sector 71, Arts, Entertainment, and Recreation. As part 
of its ongoing comprehensive review of all size standards, SBA 
evaluated all size standards in NAICS Sector 71 to determine whether 
the existing size standards should be retained or revised. The proposed 
rule is one of the rules that will examine industries grouped by an 
NAICS Sector. SBA applied its ``Size Standards Methodology,'' which is 
available on its Web site at http://www.sba.gov/size, to prepare the 
proposed rule. SBA expects to publish the final rule in the near 
future.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   06/20/13  78 FR 37417
Final Rule Effective................   07/22/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Khem Raj Sharma, Phone: 202 205-6390, Fax: 202 205-
6390.
    RIN: 3245-AG36

269. Small Business Size Standards: Agriculture, Forestry, Fishing, and 
Hunting

    Legal Authority: 15 U.S.C. 632(a)
    Abstract: On September 11, 2012, the U.S. Small Business 
Administration (SBA) published a proposed rule to increase the small 
business size standards for 11 industries in North American Industry 
Classification System (NAICS) Sector 11, Agriculture, Forestry, Fishing 
and Hunting. As part of its ongoing comprehensive review of all small 
business size standards, SBA evaluated receipts based size standards 
for 16 industries and two sub-industries in NAICS Sector 11 to 
determine whether they should be retained or revised. SBA did not 
review size standards for 46 industries in NAICS Sector 11 that are 
currently set by statute at $750,000 in average annual receipts. SBA 
also did not review the 500-employee based size standard for NAICS 
113310, Logging, but will review it in the near future with other 
employee based size standards. In developing the proposed size 
standards, SBA has applied its ``Size Standards Methodology,'' which is 
available on the Agency's Web site at http://www.sba.gov/size. SBA 
expects to publish the final rule in the near future.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   06/20/13  78 FR 37398
Final Rule Effective................   07/22/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Khem Raj Sharma, Phone: 202 205-7189, Fax: 202 205-
6390, Email: [email protected].
    RIN: 3245-AG43

270. Small Business Size Standards: Support Activities for Mining

    Legal Authority: 15 U.S.C. 632(a)
    Abstract: On December 6, 2012, the United States Small Business 
Administration (SBA) published a proposed rule to increase the small 
business size standards for three of the four industries in North 
American Industry Classification System (NAICS) Subsector 213, Support 
Activities for Mining, that are based on average annual receipts. As 
part of its ongoing comprehensive size standards review, SBA evaluated 
the four receipts based standards in NAICS Subsector 213 under NAICS 
Sector 21, Mining, Quarrying, and Oil and Gas Extraction, to determine 
whether the current size standards should be retained or revised. 
Within NAICS Sector 21, only NAICS Subsector 213 has receipts based 
size standards. Note the title of this rule was changed from ``Small 
Business Size Standards: Mining, Quarrying, and Oil and Gas 
Extraction''. This title was based on the one for Sector 21 of the 
Small Business Size Standards by NAICS Industry. However, SBA later 
concluded that this title was a misnomer since this rule only covers 
the four revenue-based size standards under Subsector 213, Support 
Activities for Mining and not the entire Sector 21. The rest of the 
industries in that Sector have employee based size standards which SBA 
will review in the near future with other employee based size 
standards. In developing the proposed size standards, SBA applied its 
``Size Standards Methodology,'' which is available on the Agency's Web 
site at http://www.sba.gov/size. SBA expects to publish the final rule 
in the near future.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/06/12  77 FR 72766
Final Rule..........................   06/20/13  78 FR 37404
Final Rule Effective................   07/22/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Khem Raj Sharma, Phone: 202 205-7189, Fax: 202 205-
6390, Email: [email protected].
    RIN: 3245-AG44

271. Small Business Size Standards: Finance and Insurance; Management 
of Companies and Enterprises

    Legal Authority: 15 U.S.C. 632(a)
    Abstract: On September 11, 2012, the U.S. Small Business 
Administration (SBA) issued a proposed rule to increase the small 
business size standards for 37 industries in North American Industry 
Classification System (NAICS) Sector 52, Finance and Insurance, and for 
two industries in NAICS Sector 55, Management of Companies and 
Enterprises. In addition, SBA proposed to change the measure of size 
from average assets to average receipts for NAICS 522293, International 
Trade Financing. As part of its ongoing comprehensive size standards 
review, SBA evaluated all receipts-based and assets-based size 
standards in NAICS Sectors 52 and 55 to determine whether they should 
be retained or revised. In

[[Page 44339]]

developing the proposed size standards, SBA relied on the methodology 
set forth in its ``Size Standards Methodology,'' which is available at 
www.sba.gov/size. SBA expects to publish the final rule in the near 
future.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   06/20/13  78 FR 37409
Final Rule Effective................   07/22/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Khem Raj Sharma, Phone: 202 205-7189, Fax: 202 205-
6390, Email: [email protected].
    RIN: 3245-AG45

272. Small Business Size Regulations, Small Business Innovation 
Research (SBIR) Program and Small Business Technology Transfer (STTR) 
Program

    Legal Authority: 15 U.S.C. 632(a); Pub. L. 111-81, sec 5107
    Abstract: SBA is amending its regulations as they relate to size 
and eligibility for the SBIR and STTR programs. The revised amendments 
implement provisions of the SBIR/STTR Reauthorization Act of 2011. The 
amendments address ownership, control and affilation for participants 
in these programs, including participants that are majority owned by 
multiple venture capital operating companies, private equity firms or 
hedge funds. The regulations also address whether the participant is 
owned by domestic or foreign business concerns.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   12/27/12  77 FR 76215
Final Rule Effective................   01/28/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Edsel M. Brown, Phone: 202 205-6450, Email: 
[email protected].
    RIN: 3245-AG46

[FR Doc. 2013-17073 Filed 7-22-13; 8:45 am]
BILLING CODE 8025-01-P