[Federal Register Volume 79, Number 4 (Tuesday, January 7, 2014)]
[Proposed Rules]
[Pages 1228-1235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29643]



[[Page 1227]]

Vol. 79

Tuesday,

No. 4

January 7, 2014

Part XIX





Small Business Administration





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Semiannual Regulatory Agenda

  Federal Register / Vol. 79 , No. 4 / Tuesday, January 7, 2014 / 
Unified Agenda  

[[Page 1228]]


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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, existing regulations, and completed actions 
of the Small Business Administration (SBA). For this fall edition of 
the SBA's Regulatory Agenda, a Regulatory Plan that contains a list of 
the Agency's most important and significant regulatory actions and a 
Statement of Regulatory Priorities is also included. This plan appears 
in both the online Unified Agenda and in part II of the Federal 
Register editions that includes the abbreviated Unified Agenda.
    This agenda provides the public with information about SBA's 
regulatory activity. SBA invites the public to submit comments on any 
aspect of this Agenda. SBA expects that providing early information 
about pending regulatory activities would encourage more effective 
public participation in this process.

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 rulemakings during the coming one-year period, as well as 
actions completed since the publication of the last Regulatory Agenda 
for the Agency.
    Beginning with the fall 2007 edition, the Internet became the basic 
means for disseminating the Unified Agenda. 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 the 
agency's Agenda.
    The Regulatory Flexibility Act (RFA) also requires Federal agencies 
to publish their regulatory flexibility agendas in the Federal 
Register. A regulatory flexibility agenda contains only those rules 
listed in the semi-annual agenda that are likely to have a significant 
economic impact on a substantial number of small entities, and those 
rules identified for periodic review in keeping with the requirements 
of section 610 of the RFA. This regulatory flexibility agenda may be 
combined with any other agenda. Therefore, SBA's Fall 2013 Regulatory 
Agenda includes, as a subset, those regulatory actions that are in the 
SBA's regulatory flexibility agenda. Printing of these entries is 
limited to fields that contain information required by the RFA 
requirements. Additional information on these entries is available in 
the Unified Agenda published on the Internet.

Jeanne A. Hulit,
Acting Administrator.

           Small Business Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
396.......................  Small Business Development         3245-AE05
                             Centers (SBDC) Program
                             Revisions.
397.......................  SBA Express Loan Program;          3245-AF85
                             Export Express Program.
398.......................  Implementation of Small            3245-AF88
                             Business Disaster
                             Response and Loan
                             Improvement Act of 2008:
                             Expedited Disaster
                             Assistance Program.
399.......................  Implementation of Small            3245-AF99
                             Business Disaster
                             Response and Loan
                             Improvement Act of 2008:
                             Private Loan Disaster
                             Program.
400.......................  Women's Business Center            3245-AG02
                             Program.
401.......................  Small Business Size                3245-AG16
                             Standards; Alternative
                             Size Standard for 7(a),
                             504, and Disaster Loan
                             Programs.
402.......................  Small Business Mentor-             3245-AG24
                             Protege Programs (Reg
                             Plan Seq No. 141).
403.......................  Small Business HUBZone             3245-AG38
                             Program.
404.......................  Agent Revocation and               3245-AG40
                             Suspension Procedures.
405.......................  Small Business Size                3245-AG49
                             Standards: Employee Based
                             Size Standards for
                             Wholesale Trade and
                             Retail Trade.
406.......................  Small Business Size                3245-AG50
                             Standards for
                             Manufacturing.
407.......................  Small Business Size                3245-AG51
                             Standards for Other
                             Industries With Employee-
                             Based Size Standards Not
                             Part of Manufacturing
                             Wholesale Trade or Retail
                             Trade.
408.......................  National Defense                   3245-AG58
                             Authorization Act Small
                             Business Amendments.
409.......................  Advisory Small Business            3245-AG59
                             Size Decisions.
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


             Small Business Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
410.......................  Lender Oversight Program..         3245-AE14
411.......................  Small Business Technology          3245-AF45
                             Transfer (STTR) Policy
                             Directive (Reg Plan Seq
                             No. 142).
412.......................  Small Business Innovation          3245-AF84
                             Research (SBIR) Program
                             Policy Directive (Reg
                             Plan Seq No. 143).
413.......................  504 and 7(a) Loan Programs         3245-AG04
                             Updates (Reg Plan Seq No.
                             144).
414.......................  Small Business Size                3245-AG25
                             Standards for Utilities.
415.......................  Small Business Size                3245-AG37
                             Standards: Construction.
416.......................  Small Business Size                3245-AG60
                             Standards; Adjust
                             Monetary Size Standards
                             for Inflation.
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


[[Page 1229]]


            Small Business Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
417.......................  Acquisition Process: Task          3245-AG20
                             and Delivery Order
                             Contracts, Bundling,
                             Consolidation.
418.......................  Small Business                     3245-AG22
                             Subcontracting.
419.......................  Small Business Size and            3245-AG23
                             Status Integrity.
------------------------------------------------------------------------


SMALL BUSINESS ADMINISTRATION (SBA)

Proposed Rule Stage

396. 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:

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               Action                    Date            FR Cite
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NPRM................................   06/00/14  .......................
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    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

397. 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................................   05/00/14  .......................
------------------------------------------------------------------------

    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

398. 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................................   03/00/14  .......................
------------------------------------------------------------------------

    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

399. 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................................   03/00/14  .......................
------------------------------------------------------------------------

    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

400. Women's Business Center Program

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

[[Page 1230]]

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................................   06/00/14  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Bruce D. Purdy, Acting Assistant Administrator, 
Office of Women's Business Ownership, Small Business Administration, 
Washington, DC 20416, Phone: 202 205-7532, Email: [email protected].
    RIN: 3245-AG02

401. Small Business Size Standards; Alternative Size Standard for 7(A), 
504 and Disaster Loan Programs

    Legal Authority: Pub. L. 111-240, sec 1116
    Abstract: SBA will amend its size eligibility criteria for Business 
Loans, development company loans under title V of the Small Business 
Investment Act (504), and economic injury disaster loans. 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. For the disaster 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. These 
alternative size standards do not affect other Federal Government 
programs, including Federal procurement.
    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/13  .......................
------------------------------------------------------------------------

    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

402. Small Business Mentor-Protege Programs

    Regulatory Plan: This entry is Seq. No. 141 in part II of this 
issue of the Federal Register.
    RIN: 3245-AG24

403. 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:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/13  .......................
------------------------------------------------------------------------

    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

404. 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. 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:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/13  .......................
------------------------------------------------------------------------

    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

405. 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.


[[Page 1231]]


    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/13  .......................
------------------------------------------------------------------------

    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

406. 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:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/14  .......................
------------------------------------------------------------------------

    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

407. 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................................   03/00/14  .......................
------------------------------------------------------------------------

    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

408. National Defense Authorization Act Small Business Amendments

    Legal Authority: 15 U.S.C. 631; Pub. L. 112-239
    Abstract: The rule would propose various small business related 
amendments authorized by various sections of the NDAA. Section 1651, 
Limitations on Subcontracting, requires rules permitting subcontracts 
to small businesses that are ``similarly situated'' as the prime 
contractor to count toward the prime contractors compliance with the 
performance of work requirements that apply to set-aside contracts. It 
also requires rules that permit small businesses to ``team'' without 
entering into joint venture agreements, which will reduce litigation 
risk for small businesses and open larger, more complex acquisitions to 
small business participation. Section 1652, Penalties, requires rules 
establishing penalties for violations of subcontracting limitations and 
providing protection for small businesses that made a mistake on their 
subcontracting limitations in good faith. Section 1671, Contract 
Bundling, requires a definition for construction to be included under 
the definition for covered contracting. Section 1696, Conforming 
Amendments; Repeal of Redundant Provisions; Regulations, a definition 
for certain technical amendments to the existing rules and provides 
that a covered base closure area shall be treated as a HUBZone.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/14  .......................
------------------------------------------------------------------------

    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-AG58

409. Advisory Small Business Size Decisions

    Legal Authority: 15 U.S.C. 645
    Abstract: The purpose of the statute is to provide a ``safe 
harbor'' for firms that violate the prohibition against misrepresenting 
themselves as small businesses in cases where the firms first obtain 
advisory opinions concluding that they satisfy the relevant size 
standards from either Small Business Development Centers (SBDCs) (SBA 
grantees) or Procurement Technical Assistance Centers (PTACs) (DOD 
grantees). This rule would provide guidance to SBDCs and PTACs 
regarding the minimum requirements that small business status advisory 
opinions must meet in order to be deemed adequate by SBA. The rule 
would also require the SBDC or PTAC issuing the advisory opinion to 
remit a copy of the opinion to SBA for review, and establish a 10 day 
deadline by which SBA must either accept or reject the advisory 
opinion. If SBA rejects the advisory opinion, the Agency will notify 
the entity which issued the opinion and the firm to which it applies, 
after which time the firm is no longer entitled to rely upon the 
opinion or invoke the safe harbor provisions of the statute. If SBA 
accepts the advisory opinion, then the firm may rely on the SBDC or 
PTAC advisory opinion and is entitled to invoke the safe harbor 
provision as a defense to punishments imposed under 15 U.S.C. section 
645, Offenses and Penalties, which prescribes fines and imprisonment 
for false statements. The rule would also make clear that SBA has the 
authority to initiate a formal size determination of a firm that is the 
subject of a small business status advisory opinion where the Agency 
concludes that opinion contains information that calls into question 
the firm's small business status.
    Timetable:

[[Page 1232]]



------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kevin Harber, Attorney Advisor, Office of General 
Counsel, Small Business Administration, 409 Third Street SW., 
Washington, DC 20416, Phone: 202 619-1602, Email: [email protected].
    RIN: 3245-AG59

SMALL BUSINESS ADMINISTRATION (SBA)

Final Rule Stage

410. 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:

------------------------------------------------------------------------
               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..........................   06/00/14
------------------------------------------------------------------------

    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

411. Small Business Technology Transfer (STTR) Policy Directive

    Regulatory Plan: This entry is Seq. No. 142 in part II of this 
issue of the Federal Register.
    RIN: 3245-AF45

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

    Regulatory Plan: This entry is Seq. No. 143 in part II of this 
issue of the Federal Register.
    RIN: 3245-AF84

413. 504 and 7(A) Loan Programs Updates

    Regulatory Plan: This entry is Seq. No. 144 in part II of this 
issue of the Federal Register.
    RIN: 3245-AG04

414. 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..........................   12/00/13
------------------------------------------------------------------------

    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

415. 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 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..........................   12/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Khem Raj Sharma, Chief, Office of Size Standards, 
Small Business Administration, 409 Third

[[Page 1233]]

Street SW., Washington, DC 20416, Phone: 202 205-6390, Fax: 202 205-
6390.
    RIN: 3245-AG37

416.  Small Business Size Standards; Adjust Monetary Size 
Standards for Inflation

    Legal Authority: 15 U.S.C. 632(a)
    Abstract: SBA intends to issue an interim final rule with request 
for comments 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 August 18, 2008. This action will 
restore small business eligibility to businesses that have lost that 
status due to inflation. The Small Business Jobs Act of 2010 requires 
SBA to review and adjust (as necessary) all size standards within five 
years of its enactment. By the fourth quarter of FY 2014 SBA will have 
completed all monetary size standards to the point where it can examine 
the impact of inflation. In addition, SBA has required by its Small 
Business Size Regulations at 13 CFR 121.102(c) to review the effects of 
inflation on its monetary standards at least once every five years, and 
this interim final rule comply with that regulation.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   01/00/14
------------------------------------------------------------------------

    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-AG60

SMALL BUSINESS ADMINISTRATION (SBA)

Completed Actions

417. 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 
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.
    Completed:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   10/02/13  78 FR 61114
Final Rule Effective................   12/31/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dean R. Koppel, Phone: 202 205-7322, Fax: 202 481-
1540, Email: [email protected].
    RIN: 3245-AG20

418. 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.
    Completed:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   07/16/13  78 FR 42391
Final Rule Effective................   08/15/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dean R. Koppel, Phone: 202 205-7322, Fax: 202 481-
1540, Email: [email protected].
    RIN: 3245-AG22

419. 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.
    Completed:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/07/11  76 FR 62313
Final Rule..........................   06/28/13  78 FR 38811
Final Rule Effective................   08/27/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dean R. Koppel, Phone: 202 205-7322, Fax: 202 481-
1540, Email: [email protected].
    RIN: 3245-AG23

[FR Doc. 2013-29643 Filed 1-6-14; 8:45 am]
BILLING CODE 8025-01-P