[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Proposed Rules]
[Pages 34132-34139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13133]



[[Page 34131]]

Vol. 79

Friday,

No. 114

June 13, 2014

Part XIX





Small Business Administration





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Semiannual Regulatory Agenda

  Federal Register / Vol. 79 , No. 114 / Friday, June 13, 2014 / 
Unified Agenda  

[[Page 34132]]


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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 7, 2014, at 79 FR 1228. 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 because they are likely 
to have a significant economic impact on a substantial number of small 
entities. Printing of these entries is limited to fields that contain 
information required by the Regulatory Flexibility Act's Agenda 
requirements. Additional information on these entries is available in 
the Unified Agenda published on the Internet.

    Dated: February 27, 2014.
 Marianne O'Brien Markowitz,
Acting Administrator.

           Small Business Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
244.......................  Small Business Development         3245-AE05
                             Centers (SBDC) Program
                             Revisions.
245.......................  SBA Express Loan Program;          3245-AF85
                             Export Express Program.
246.......................  Implementation of Small            3245-AF88
                             Business Disaster
                             Response and Loan
                             Improvement Act:
                             Expedited Disaster
                             Assistance Program.
247.......................  Implementation of Small            3245-AF99
                             Business Disaster
                             Response and Loan
                             Improvement Act: Private
                             Loan Disaster Program.
248.......................  Women's Business Center            3245-AG02
                             Program.
249.......................  Small Business Size                3245-AG16
                             Standards; Alternative
                             Size Standard for 7(a),
                             504, and Disaster Loan
                             Programs.
250.......................  Small Business Mentor-             3245-AG24
                             Protege Programs.
251.......................  Small Business HUBZone             3245-AG38
                             Program.
252.......................  Agent Revocation and               3245-AG40
                             Suspension Procedures.
253.......................  Small Business Size                3245-AG49
                             Standards: Employee Based
                             Size Standards for
                             Wholesale Trade and
                             Retail Trade.
254.......................  Small Business Size                3245-AG50
                             Standards for
                             Manufacturing.
255.......................  Small Business Size                3245-AG51
                             Standards for Other
                             Industries With Employee-
                             Based Size Standards Not
                             Part of Manufacturing
                             Wholesale Trade or Retail
                             Trade.
256.......................  Small Business Government          3245-AG58
                             Contracting and Timber
                             Sales Amendments.
257.......................  Advisory Small Business            3245-AG59
                             Size Decisions.
------------------------------------------------------------------------


             Small Business Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
258.......................  Lender Oversight Program..         3245-AE14
259.......................  504 and 7(a) Loan Programs         3245-AG04
                             Updates.
260.......................  Small Business Size                3245-AG60
                             Standards; Inflation
                             Adjustment to Monetary-
                             Based Size Standards.
------------------------------------------------------------------------


            Small Business Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
261.......................  Small Business Technology          3245-AF45
                             Transfer (STTR) Policy
                             Directive.
262.......................  Small Business Innovation          3245-AF84
                             Research (SBIR) Program
                             Policy Directive.
263.......................  Small Business Size                3245-AG25
                             Standards for Utilities.
264.......................  Small Business Size                3245-AG37
                             Standards: Construction.
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[[Page 34133]]

SMALL BUSINESS ADMINISTRATION (SBA)

Proposed Rule Stage

244. Small Business Development Centers (SBDC) Program Revisions

    Legal Authority: 15 U.S.C. 634(b)(6); 15 U.S.C. 648
    Abstract: Updates the SBDC program regulations by amending the (1) 
procedures for approving applications for new Host 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 or renewal applications for SBDC grants, including 
the requirements for electronic submission through the approved 
electronic Government submission facility; and (5) provisions regarding 
the collection and use of the individual SBDC client data.
    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/14
------------------------------------------------------------------------

    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

245. 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
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NPRM................................   09/00/14
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Linda Rusche, Director, Office of Financial 
Assistance, Small Business Administration, 409 Third Street SW., 
Washington, DC 20416, Phone: 202 205-6396, Email: [email protected].
    RIN: 3245-AF85

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

    Legal Authority: 15 U.S.C. 636j
    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................................   07/00/14
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Linda Rusche, Director, Office of Financial 
Assistance, Small Business Administration, 409 Third Street SW., 
Washington, DC 20416, Phone: 202 205-6396, Email: [email protected].
    RIN: 3245-AF88

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

    Legal Authority: 15 U.S.C. 636(c)
    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................................   08/00/14
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Linda Rusche, Director, Office of Financial 
Assistance, Small Business Administration, 409 Third Street SW., 
Washington, DC 20416, Phone: 202 205-6396, Email: [email protected].
    RIN: 3245-AF99

248. 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 
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
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NPRM................................   09/00/14
------------------------------------------------------------------------

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

[[Page 34134]]

    RIN: 3245-AG02

249. 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, community development company (CDC) loans under title V of the 
Small Business Investment Act (504) and economic injury disaster loans 
(EIDL). For the SBA 7(a) Business Loan Program and the 504 program, the 
amendments will provide an alternative size standard for loan 
applicants that do not meet the small business size standards for their 
industries. The Small Business Jobs Act of 2010 (Jobs Act) established 
alternative size standards that apply to both of these programs until 
SBA's Administrator establishes other alternative size standards. For 
the disaster loan program, the amendments will provide an alternative 
size standard for loan applicants that do not meet the Small Business 
Size Standard for their industries. These alternative size standards do 
not affect other Federal Government programs, including Federal 
procurement.
    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/00/14
------------------------------------------------------------------------

    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-AG16

250. 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:

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

    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-AG24

251. 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................................   08/00/14
------------------------------------------------------------------------

    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

252. Agent Revocation and Suspension Procedures

    Legal Authority: 15 U.S.C. 634; 15 U.S.C. 642
    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................................   06/00/14
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Debra Mayer, Chief, Supervision and Enforcement, 
Office of Credit Risk Management, Small Business Administration, 409 
Third Street SW., Washington, DC 20416, Phone: 202 205-7577, Email: 
[email protected].
    RIN: 3245-AG40

253. 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

[[Page 34135]]

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

    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-AG49

254. 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................................   09/00/14
------------------------------------------------------------------------

    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

255. 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................................   09/00/14
------------------------------------------------------------------------

    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

256. Small Business Government Contracting and Timber Sales 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 of 2013 with 
respect to the limitations on subcontracting and non-manufacturer rules 
that apply to set aside contracts. SBA would propose amendments 
concerning joint ventures, the applicability of the non-manufacturer 
rule to the purchase of software; recertification of size; process for 
making size determinations with respect to the payment of reduced user 
fees to the Food and Drug Administration; the calculation of cost and 
market share for purposes of small business timber sales; affiliation 
in the context of Small Innovation Research program; the definition of 
a construction contract for purposes of an adverse impact analysis in 
connection with 8(a) Business Development program contract; Procurement 
Center Representative responsibilities; small business subcontracting 
assistance and reporting; Certificates of Competency; and penalties for 
violations of the subcontracting limitations and protection for small 
businesses that acted in good faith in connection with such 
limitations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/14
------------------------------------------------------------------------

    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

257. Advisory Small Business Size Decisions

    Legal Authority: 15 U.S.C. 645(d)(3)
    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

[[Page 34136]]

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:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/14
------------------------------------------------------------------------

    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

258. 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..........................   09/00/14
------------------------------------------------------------------------

    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

259. 504 and 7(A) Loan Programs Updates

    Legal Authority: 15 U.S.C. 695 et seq., 15 U.S.C. 636(a)
    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 and by modifying certain program participant requirements 
applicable to these two programs. The major changes that SBA is 
proposing include changes relating to 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..........................   03/21/14  79 FR 15641
Final Rule Effective................   04/21/14
Final Action........................   12/00/14
------------------------------------------------------------------------

    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

260. Small Business Size Standards; Inflation Adjustment to Monetary-
Based Size Standards

    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 19, 2008. The interim final rule 
will restore small business eligibility to businesses that have lost 
their small business status due to inflation. The Small Business Jobs 
Act of 2010 (Jobs Act) requires SBA to review and adjust (as necessary) 
all size standards within five years of its enactment. SBA's Small 
Business Size Regulations at 13 CFR 121.102(c) require the same 
quinquennial (or less) review and adjustment. The rule will not 
increase the $750,000 size standard for agricultural enterprises, which 
is established by the Small Business Act (Sec.  3(a)(1)).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   07/00/14
------------------------------------------------------------------------

    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


[[Page 34137]]



SMALL BUSINESS ADMINISTRATION (SBA)

Completed Actions

261. 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.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Notice..............................   01/08/14  79 FR 1309
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Edsel M. Brown, Phone: 202 205-6450, Email: 
[email protected].
    RIN: 3245-AF45

262. 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.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Notice..............................   01/08/14  79 FR 1303
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Edsel M. Brown, Phone: 202 205-6450, Email: 
[email protected].
    RIN: 3245-AF84

263. Small Business Size Standards for Utilities

    Legal Authority: 15 U.S.C. 632(a)
    Abstract: SBA issued a proposed rule in the Federal Register on 
July 19, 2012 to revise small business size standards for nine 
industries in North American Industry Classification System Sector 22, 
Utilities. After evaluating comments the Agency received, SBA issued a 
final rule on December 23, 2013 effective January 22, 2014. The final 
rule modified 13 size standards in Sector 22 (the increased number 
being due to the restructuring of various industries in this sector by 
OMB). SBA increased receipts based size standards for three industries 
and changed the basis for measuring business size from megawatt hours 
to number of employees for the 10 electric power generation, 
transmission, and distribution industries. In addition, SBA removed 
Footnote 1 from SBA's Table of Size Standards that had applied to all 
NAICS codes that describe electric power generation, transmission, and 
distribution.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   12/23/13  78 FR 77343
Final Rule Effective................   01/22/14
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Khem Raj Sharma, Phone: 202 205-7189, Fax: 202 205-
6390, Email: [email protected].
    RIN: 3245-AG25

264. Small Business Size Standards: Construction

    Legal Authority: 15 U.S.C. 632(a)
    Abstract: SBA issued a proposed rule in the Federal Register on 
July 18, 2012 to revise two small business size standards in Sector 23, 
Construction. After evaluating the 25 comments the Agency received, SBA 
issued a final rule on December 23, 2013, effective January 22, 2014. 
The final rule modified two standards, Land Subdivision and Drudging 
and Surface Cleanup Activities.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   12/23/13  78 FR 77334
Final Rule Effective................   01/22/14
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Khem Raj Sharma, Phone: 202 205-6390, Fax: 202 205-
6390.
    RIN: 3245-AG37

[FR Doc. 2014-13133 Filed 6-12-14; 8:45 am]
BILLING CODE 8025-01-P