[Federal Register Volume 79, Number 245 (Monday, December 22, 2014)]
[Proposed Rules]
[Pages 76788-76795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28983]



[[Page 76787]]

Vol. 79

Monday,

No. 245

December 22, 2014

Part XVIII





Small Business Administration





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Semiannual Regulatory Agenda

  Federal Register / Vol. 79 , No. 245 / Monday, December 22, 2014 / 
Unified Agenda  

[[Page 76788]]


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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. 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 2014 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.

    Dated: September 26, 2014.
Maria Contreras-Sweet,
Administrator.

              Small Business Administration--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
400.......................  Small Business Development         3245-AE05
                             Centers (SBDC) Program
                             Revisions.
401.......................  Women's Business Center            3245-AG02
                             Program.
402.......................  Small Business Innovation          3245-AG64
                             Research (SBIR) and Small
                             Business Technology
                             Transfer (STTR) Policy
                             Directives; Data Rights;
                             Phase III Award
                             Preference; Other
                             Clarifying Amendments.
403.......................  Small Business Timber Set-         3245-AG69
                             Aside Program.
------------------------------------------------------------------------


           Small Business Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
404.......................  SBA Express Loan Program;          3245-AF85
                             Export Express Program.
405.......................  Implementation of Small            3245-AF88
                             Business Disaster
                             Response and Loan
                             Improvement Act:
                             Expedited Disaster
                             Assistance Program.
406.......................  Implementation of Small            3245-AF99
                             Business Disaster
                             Response and Loan
                             Improvement Act: Private
                             Disaster Loan Program.
407.......................  Small Business Mentor-             3245-AG24
                             Protege Programs.
408.......................  Small Business HUBZone             3245-AG38
                             Program.
409.......................  Agent Revocation and               3245-AG40
                             Suspension Procedures.
410.......................  Small Business Size                3245-AG50
                             Standards for
                             Manufacturing.
411.......................  Small Business Size                3245-AG51
                             Standards for Other
                             Industries With Employee-
                             Based Size Standards Not
                             Part of Manufacturing
                             Wholesale Trade or Retail
                             Trade.
412.......................  Small Business Government          3245-AG58
                             Contracting and National
                             Defense Authorization Act
                             of 2013 Amendments.
------------------------------------------------------------------------


             Small Business Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
413.......................  Small Business Size                3245-AG49
                             Standards: Employee Based
                             Size Standards for
                             Wholesale Trade and
                             Retail Trade.
414.......................  Advisory Small Business            3245-AG59
                             Size Decisions.

[[Page 76789]]

 
415.......................  Small Business Size                3245-AG60
                             Standards; Inflation
                             Adjustment to Monetary-
                             Based Size Standards.
------------------------------------------------------------------------


            Small Business Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
416.......................  Small Business Size                3245-AG16
                             Standards; Alternative
                             Size Standard for 7(a),
                             504, and Disaster Loan
                             Programs.
------------------------------------------------------------------------


            Small Business Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
417.......................  Lender Oversight Program..         3245-AE14
418.......................  504 and 7(a) Loan Programs         3245-AG04
                             Updates.
------------------------------------------------------------------------


SMALL BUSINESS ADMINISTRATION (SBA)

400. 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
------------------------------------------------------------------------
ANPRM...............................   11/00/14  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: J. Chancy 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

401. 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
------------------------------------------------------------------------
ANPRM...............................   11/00/14  .......................
------------------------------------------------------------------------

    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].
    RIN: 3245-AG02

402.  Small Business Innovation Research (SBIR) and Small 
Business Technology Transfer (STTR) Policy Directives; Data Rights; 
Phase III Award Preference; Other Clarifying Amendments

    Legal Authority: 15 U.S.C. 638(p); Pub. L. 112-81, sec 5001, et 
seq.
    Abstract: This Directive seeks comments from the public on two key 
areas of the Small Business Innovation Research (SBIR) and Small 
Business Technology Transfer (STTR) Policy Directives that the SBA is 
considering revising: SBIR/STTR data rights, and the Government's 
responsibilities with respect to SBIR/STTR Phase III awards. The SBA 
intends to update policy directive language on miscellaneous topics 
including the calculation of extramural R/R&D and to provide greater 
clarity and detail on these issues in the Policy Directive. SBA also 
intends to combine the directives for the two programs into a single 
document to simplify the reference and revision processes.
    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   11/07/14  79 FR 66342
ANPRM Comment Period End............   01/06/15  .......................
------------------------------------------------------------------------

    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-AG64

[[Page 76790]]

403.  Small Business Timber Set-Aside Program

    Legal Authority: 15 U.S.C. 631; 15 U.S.C. 644(a)
    Abstract: Under the Small Business Timber Set-Aside Program, timber 
sales must be set aside for small business when small business 
participation falls below a certain amount. This threshold is based on 
a computation of small business participation in a prior five-year 
period. Through this ANPRM SBA will seek public comment and information 
on whether the saw timber volume purchase on stewardship timber/service 
contracts should be included, which may expand the small business set-
aside calculation. SBA will also seek public comment on whether the 
appraisal on set-aside sales should be made to the nearest small 
business mill to reflect the actual cost to an eligible bidder. In 
addition, SBA is requesting data on the timber industry to help 
evaluate the current program and economic impact of potential changes.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   01/00/15  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Brenda J. Fernandez, Procurement Analyst, Small 
Business Administration, 409 Third Street SW., Washington, DC 20416, 
Phone: 202 205-7337, Email: [email protected].
    RIN: 3245-AG69

SMALL BUSINESS ADMINISTRATION (SBA)

Proposed Rule Stage

404. 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:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/15  .......................
------------------------------------------------------------------------

    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

405. 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:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/15  .......................
------------------------------------------------------------------------

    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

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

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/15  .......................
------------------------------------------------------------------------

    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

407. 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. 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................................   11/00/14  .......................
------------------------------------------------------------------------


[[Page 76791]]

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Brenda J. Fernandez, Procurement Analyst, Small 
Business Administration, 409 Third Street SW., Washington, DC 20416, 
Phone: 202 205-7337, Email: [email protected].
    RIN: 3245-AG24

408. 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................................   03/00/15  .......................
------------------------------------------------------------------------

    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

409. Agent Revocation and Suspension Procedures

    Legal Authority: 15 U.S.C. 634; 15 U.S.C. 642
    Abstract: These changes to 13 CFRs 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 
procedures 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................................   10/16/14  79 FR 62060
NPRM Comment Period End.............   12/15/14  .......................
Final Rule..........................   08/00/15  .......................
------------------------------------------------------------------------

    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

410. Small Business Size Standards for Manufacturing

    Legal Authority: 15 U.S.C. 632(a)
    Abstract: On September 10, 2014, the U.S. Small Business 
Administration (SBA), published a proposed rule to increase employee 
based size standards for 209 industries in North American Industry 
Classification System (NAICS) Section 31-33, Manufacturing. SBA also 
proposed to increase the refining capacity component of the Petroleum 
Refiners (NAICS 324110) size standard to 200,000 barrels per calendar 
day total capacity for businesses that are primarily engaged in 
petroleum refining. The proposed rule also eliminated the requirement 
that 90 percent of a refiner's output being delivered should be refined 
by the bidder. As a part of its comprehensive size standards review 
required by the Small Business Jobs Act of 2010, SBA evaluated all 364 
industries in NAICS Sector 31-33 to determine whether their size 
standards should be retained or revised. 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................................   09/10/14  79 FR 54146
NPRM Comment Period End.............   11/10/14  .......................
Final Rule..........................   05/00/15  .......................
------------------------------------------------------------------------

    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

411. 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: On September 10, 2014, the U.S. Small Business 
Administration (SBA) published a proposed rule to increase to increase 
the employee-based size standards for 30 industries and three 
exceptions and decrease them for three industries that are not a part 
of NAICS Sector 31-33 (Manufacturing) Sector 42 (Wholesale Trade) and 
Sector 44-45 (Retail Trade). Additionally, SBA proposed to remove the 
Information Technology Value Added Resellers exception under NAICS 
541519 (Other Computer Related Services) together with its 150-employee 
size standard. Similarly, SBA also proposed to eliminate the Offshore 
Marine Air Transportation Services exception under NAICS 481211 and 
481212 and Offshore Marine Services exception under NAICS Subsector 483 
and their $30.5 million receipts based size standard. As part of its 
comprehensive size standards review required by the Small Business Jobs 
Act of 2010 SBA evaluated 57 industries and five exceptions with 
employee based size standards that are not in NAICS Sectors 31-33 42 or 
4445. 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................................   09/10/14  79 FR 53646
NPRM Rule Correction................   10/24/14  79 FR 62576
NPRM Comment Period End.............   11/10/14  .......................
Final Rule..........................   05/00/15  .......................
------------------------------------------------------------------------


[[Page 76792]]

    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

412. Small Business Government Contracting and National Defense 
Authorization Act of 2013 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; 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................................   12/00/14  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Brenda J. Fernandez, Procurement Analyst, Small 
Business Administration, 409 Third Street SW., Washington, DC 20416, 
Phone: 202 205-7337, Email: [email protected].
    RIN: 3245-AG58

SMALL BUSINESS ADMINISTRATION (SBA)

Final Rule Stage

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

    Legal Authority: 15 U.S.C. 632(a)
    Abstract: On May 19, 2014, the U.S. Small Business Administration 
(SBA) published a proposed rule to increase employee based size 
standards in 46 industries in North American Industry Classifcation 
System (NAICS) Sector 42, Wholesale Trade, and in one industry in 
Sector 44-45, Retail Trade. As a part of its comprehensive size 
standards review required by the Small Business Jobs Act of 2012, SBA 
reviewed all 71 industries in Sector 42 and two industries with 
employee based size standards in Sector 44-45 to determine whether 
their size standards should be retained or revised. The proposed 
revisions, if adopted, will primarily affect eligibility for SBA's 
financial assistance programs. 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. SBA expects to publish 
the final rule in the near future.
    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................................   05/19/14  79 FR 28631
NPRM Comment Period End.............   07/18/14  .......................
Final Rule..........................   12/00/14  .......................
------------------------------------------------------------------------

    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

414. Advisory Small Business Size Decisions

    Legal Authority: 15 U.S.C. 645(d)(3)
    Abstract: The purpose of the statute is to establish procedures for 
Small Business Development Centers (SBDCs) (SBA grantees) or 
Procurement Technical Assistance Centers (PTACs) (DOD grantees) to 
issue advisory size decisions. 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. 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................................   06/25/14  79 FR 35963
NPRM Comment Period End.............   08/25/14  .......................
Final Rule..........................   01/00/15  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Brenda J. Fernandez, Procurement Analyst, Small 
Business Administration, 409 Third Street SW., Washington, DC 20416, 
Phone: 202 205-7337, Email: [email protected].
    RIN: 3245-AG59

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

    Legal Authority: 15 U.S.C. 632(a)
    Abstract: On June 12, 2014, SBA issued 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 aimed to 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)

[[Page 76793]]

require the same quinquennial (or less) review and adjustment. The rule 
did not increase the $750,000 size standard for agricultural 
enterprises, which is established by the Small Business Act (Sec.  
3(a)(1)). The alternate size standard used in the 7(a) and 504 business 
loan programs is unaffected by this adjustment.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   06/12/14  79 FR 33647
Interim Final Rule Effective........   07/14/14  .......................
Interim Final Rule Comment Period      08/11/14  .......................
 End.
Final Rule..........................   12/00/14  .......................
------------------------------------------------------------------------

    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)

Long-Term Actions

416. 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:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/15  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Khem Raj Sharma, Phone: 202 205-7189, Fax: 202 205-
6390, Email: [email protected].
    RIN: 3245-AG16

SMALL BUSINESS ADMINISTRATION (SBA)

Completed Actions

417. 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.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
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  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Brent Ciurlino, Phone: 202 205-6538, Email: 
[email protected].
    RIN: 3245-AE14

418. 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.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   03/21/14  79 FR 15641
Final Rule Effective................   04/21/14  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: John P. Kelley, Phone: 202 205-0067, Fax: 202 292-
3844, Email: [email protected].
    RIN: 3245-AG04

[FR Doc. 2014-28983 Filed 12-19-14; 8:45 am]
BILLING CODE 8025-01-P