[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Proposed Rules]
[Pages 78040-78046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30665]



[[Page 78039]]

Vol. 80

Tuesday,

No. 240

December 15, 2015

Part XX





Small Business Administration





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Semiannual Regulatory Agenda

  Federal Register / Vol. 80 , No. 240 / Tuesday, December 15, 2015 / 
Unified Agenda  

[[Page 78040]]


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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. 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 June 18, 2015, at 80 FR 35098. 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: September 28, 2015.
Maria Contreras-Sweet,
Administrator.

              Small Business Administration--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
383.......................  Immediate, Expedited, and          3245-AF99
                             Private Disaster
                             Assistance Loan Programs.
384.......................  Women-Owned Small Business         3245-AG75
                             and Economically
                             Disadvantaged Women-Owned
                             Small Business--
                             Certification.
------------------------------------------------------------------------


           Small Business Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
385.......................  Small Business Development         3245-AE05
                             Center Program Revisions.
386.......................  Loan Program Miscellaneous         3245-AF85
                             Amendments.
387.......................  Office of Women Owned              3245-AG02
                             Business: Women's
                             Business Center Program.
388.......................  Small Business HUBZone             3245-AG38
                             Program.
389.......................  Small Business Investment          3245-AG66
                             Company (SBIC) Program;
                             Impact SBICs (Reg Plan
                             Seq No. 125).
390.......................  Small Business Investment          3245-AG67
                             Companies; Revisions to
                             Passive Business
                             Regulations & Technical
                             Clarifications.
391.......................  Small Business Timber Set          3245-AG69
                             Aside Program.
392.......................  Credit for Lower Tier              3245-AG71
                             Small Business
                             Subcontracting.
393.......................  Affiliation for Business           3245-AG73
                             Loan Programs and Surety
                             Bond Guarantee Program
                             (Reg Plan Seq No. 126).
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
394.......................  Small Business Mentor-             3245-AG24
                             Prot[eacute]g[eacute]
                             Programs (Reg Plan Seq
                             No. 127).
395.......................  Agent Revocation and               3245-AG40
                             Suspension Procedures.
396.......................  Small Business Size                3245-AG49
                             Standards: Employee Based
                             Size Standards in
                             Wholesale Trade and
                             Retail Trade.
397.......................  Small Business Size                3245-AG50
                             Standards for
                             Manufacturing.
398.......................  Small Business Size                3245-AG51
                             Standards: Industries
                             With Employee Based Size
                             Standards Not Part of
                             Manufacturing, Wholesale
                             Trade, or Retail Trade.
399.......................  Small Business Government          3245-AG58
                             Contracting and National
                             Defense Authorization Act
                             of 2013 Amendments (Reg
                             Plan Seq No. 128).
400.......................  Small Business Size                3245-AG60
                             Standards: Inflation
                             Adjustment to Monetary
                             Based Size Standards.

[[Page 78041]]

 
401.......................  Surety Bond Guarantee              3245-AG70
                             Program; Miscellaneous
                             Amendments.
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


            Small Business Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
402.......................  Small Business Size                3245-AG16
                             Standards; Alternative
                             Size Standard for 7(a),
                             504, and Disaster Loan
                             Programs.
403.......................  Record Disclosure and              3245-AG52
                             Privacy.
------------------------------------------------------------------------


            Small Business Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
404.......................  Implementation of Small            3245-AF88
                             Business Disaster
                             Response and Loan
                             Improvement Act:
                             Expedited Disaster
                             Assistance Program.
405.......................  Advisory Small Business            3245-AG59
                             Size Decisions.
406.......................  Women-Owned Small Business         3245-AG72
                             Federal Contract Program.
------------------------------------------------------------------------


SMALL BUSINESS ADMINISTRATION (SBA)

Prerule Stage

383. Immediate, Expedited, and Private Disaster Assistance Loan 
Programs

    Legal Authority: 15 U.S.C. 636(c); 15 U.S.C. 636(j); 15 U.S.C. 
657(n)
    Abstract: Through this advanced notice of proposed rulemaking, SBA 
will solicit comments from potential lenders and the public on three 
guaranteed disaster loan programs: (1) The expedited disaster 
assistance program (EDAP), under which the SBA would guarantee short-
term loans of up to $150,000 made by private lenders to eligible small 
businesses located in a catastrophic disaster area; (2) the private 
disaster assistance program (PDAP), under which SBA would guarantee 
loans of up to $2 million made by private lenders to eligible small 
businesses and homeowners located in a catastrophic disaster area; and 
(3) the immediate disaster assistance program (IDAP), under which the 
SBA would guarantee interim loans of up to $25,000 made by private 
lenders to eligible small businesses, which would then be repaid with 
the proceeds of SBA direct disaster loans. SBA will seek input on what 
program features would be required for lenders to participate in these 
guaranteed disaster loan programs. SBA plans to use this feedback in 
drafting proposed rules for the EDAP and PDAP programs and in 
considering changes to the existing IDAP regulations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   10/21/15  80 FR 63715
ANPRM Comment Period End............   12/21/15  .......................
NPRM................................   06/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dianna L. Seaborn, Acting Director, Office of 
Financial Assistance, Small Business Administration, 409 Third Street 
SW., Washington, DC 20416, Phone: 202 205-3645, Email: 
[email protected].
    RIN: 3245-AF99

384.  Women-Owned Small Business and Economically Disadvantaged 
Women-Owned Small Business--Certification

    Legal Authority: Pub. L. 113-291, sec 825; 15 U.S.C. 637(m)
    Abstract: Section 825 of the National Defense Authorization Act for 
Fiscal Year 2015 (NDAA), Public Law 113-291, 128 Stat. 3292, Dec. 19, 
2014, included language requiring that women-owned small business 
concerns and economically disadvantaged women-owned small business 
concerns are certified by a Federal agency, a State government, the 
Administrator, or national certifying entity approved by the 
Administrator as a small business concern owned and controlled by 
women. SBA is issuing this Advance Notice of Proposed Rulemaking to get 
public feedback on how best to implement this statutory provision. SBA 
intends to request information on whether SBA should: Create its own 
certification program, rely on private certifiers, allow Federal 
agencies to create their own certification systems, or create a hybrid 
system. SBA also intends to request information from the public 
concerning State government certification programs.
    Timetable:

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

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kenneth Dodds, Director, Office of Government 
Contracting, Small Business Administration, 409 3rd Street SW., 
Washington, DC 20416, Phone: 202 619-1766, Fax: 202 481-2950, Email: 
[email protected].
    RIN: 3245-AG75

SMALL BUSINESS ADMINISTRATION (SBA)

Proposed Rule Stage

385. Small Business Development Center Program Revisions

    Legal Authority: 15 U.S.C. 634(b)(6); 15 U.S.C. 648
    Abstract: Updates the SBDC program regulations by proposing to 
amend: (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

[[Page 78042]]

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; (5) 
procedures regarding the determination to affect suspension, 
termination or non-renewal of an SBDC's cooperative agreement; and (6) 
provisions regarding the collection and use of the individual SBDC 
client data.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   04/02/15  80 FR 17708
ANPRM Comment Period End............   06/01/15  .......................
NPRM................................   07/00/16  .......................
------------------------------------------------------------------------

    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

386. Loan Program Miscellaneous Amendments

    Legal Authority: 15 U.S.C. 636(a); 15 U.S.C. 694b
    Abstract: Certain lenders have been delegated the authority to make 
loan decisions without prior approval from SBA under certain 
circumstances. SBA plans to formalize such delegated authorities in 
this proposed rule. Several minor modifications to the 504 Loan Program 
and governance rules for Certified Development Company (CDC) are also 
proposed in a follow-on to the Final Rule: 504 and 7(a) Loan Program 
Updates (March 21, 2014), along with alignment of terminology for 7(a) 
lenders that are federally regulated to synchronize with existing 
industry requirements. This proposed rule will also propose to amend 
SBA's Program Fraud Civil Remedies Act regulations. SBA will propose to 
conform the amount of the penalties that may be imposed under that 
statute, for making false claims and false statements, to the amount 
established by the Department of Justice. SBA plans to propose several 
other miscellaneous amendments to improve oversight and operations of 
its finance programs.
    This rule proposes to make three changes to the Surety Bond 
Guarantee (SBG) Program. The first would change the threshold for 
notification to SBA of changes in the contract or bond amount. 
Secondly, the change would require sureties to submit quarterly 
contract completion reports. Finally, SBA proposes to increase the 
eligible contract limit for the Quick Bond Application and Agreement 
from $250,000 to $400,000.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/15  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: John M. Wade, Acting Director, Office of Financial 
Assistance, Small Business Administration, 409 Third Street SW., 
Washington, DC 20416, Phone: 202 205-3647, Email: [email protected].
    RIN: 3245-AF85

387. Office of Women Owned-Business: 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:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   04/22/15  80 FR 22434
ANPRM Comment Period End............   06/22/15  .......................
NPRM................................   05/00/16  .......................
------------------------------------------------------------------------

    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

388. 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................................   03/00/16  .......................
------------------------------------------------------------------------

    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

389. Small Business Investment Company (SBIC) Program; Impact SBICS

    Regulatory Plan: This entry is Seq. No. 125 in part II of this 
issue of the Federal Register.
    RIN: 3245-AG66

390. Small Business Investment Companies; Revisions to Passive Business 
Regulations & Technical Clarifications

    Legal Authority: 15 U.S.C. 681 et seq.
    Abstract: The SBA proposes to revise the regulations for the Small 
Business Investment Company (SBIC) program to further expand the use of 
Passive Businesses and provide needed

[[Page 78043]]

protections for SBA with regard to such investments. SBICs are 
generally prohibited from investing in passive businesses under the 
Small Business Investment Act of 1958 as amended as well as by 
regulations. Current program regulations provided for two exceptions 
that allow an SBIC to structure an investment utilizing a passive small 
business as a pass-through. The first exception identified in 
107.720(b)(2) provides that an SBIC may structure an investment 
utilizing two pass-through entities to make an investment into an 
active business . The second exception identified in 107.720(b)(3) 
allows partnership SBICs with SBA prior approval to invest in a wholly 
owned passive business that in turn provides financing to an active 
small business only if a direct financing would cause its investors to 
incur Unrelated Business Taxable Income (UBTI). The second exception is 
commonly known as a blocker corporation. The current rule creates 
unnecessary complications in defining two exceptions and does not 
provide SBA with sufficient protections. SBA proposes to simplify the 
rule to allow a more flexible two pass-through entity structure but 
provides SBA certain protections to offset risks associated with 
passive investment structures. As part of the proposed rule, SBA will 
also make technical corrections and clarifications.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/05/15  80 FR 60077
NPRM Comment Period End.............   12/04/15  .......................
Final Rule..........................   05/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Theresa M. Jamerson, Senior Policy Advisor, 
Investment Division, Small Business Administration, 409 3rd Street SW., 
Washington, DC 20461, Phone: 202 205-7563, Email: 
[email protected].
    RIN: 3245-AG67

391. Small Business Timber Set Aside Program

    Legal Authority: 15 U.S.C. 631; 15 U.S.C. 644(a)
    Abstract: The U.S. Small Business Administration (SBA or Agency) is 
proposing to amend its Small Business Timber Set-Aside Program (the 
Program) regulations. The Small Business Timber Set-Aside Program is 
rooted in the Small Business Act, which tasked SBA with ensuring that 
small businesses receive a fair proportion of the total sales of 
government property. Accordingly, the Program requires Timber sales to 
be set aside for small business when small business participation falls 
below a certain amount. SBA is considering comments received during the 
ANPRM process, including on issues such as, but not limited to, whether 
the saw timber volume purchased through stewardship timber contracts 
should be included in calculations, and whether the appraisal point 
used in set-aside sales should be the nearest small business mill. In 
addition, SBA is considering data from the timber industry to help 
evaluate the current program and economic impact of potential changes.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   03/25/15  80 FR 15697
ANPRM Comment Period End............   05/26/15  .......................
NPRM................................   03/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: David W. Loines, Area Director, Office of 
Government Contracting, Small Business Administration, 409 Third Street 
SW., Washington, DC 20416, Phone: 202 205-7311, Email: 
[email protected].
    RIN: 3245-AG69

392. Credit for Lower Tier Small Business Subcontracting

    Legal Authority: Pub. L. 113-66, sec 1614
    Abstract: The U.S. Small Business Administration (SBA or Agency) 
proposes to amend its regulations to implement Section 1614 of the 
National Defense Authorization Act (NDAA) of 2014, Pub. L. 113-66, 
December 26, 2013. Under the statute, when an other than small prime 
contractor has an individual subcontracting plan for a contract, the 
large business may receive credit towards its small business 
subcontracting goals for subcontract awards made to small business 
concerns at any tier. Currently, other than small business prime 
contractors only report on their performance awarding subcontracts to 
small businesses at the first tier level.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/06/15  80 FR 60300
NPRM Comment Period End.............   12/07/15  .......................
Final Rule..........................   07/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kenneth Dodds, Director, Office of Government 
Contracting, Small Business Administration, 409 3rd Street SW., 
Washington, DC 20416, Phone: 202 619-1766, Fax: 202 481-2950, Email: 
[email protected].
    RIN: 3245-AG71

393. Affiliation for Business Loan Programs and Surety Bond Guarantee 
Program

    Regulatory Plan: This entry is Seq. No. 126 in part II of this 
issue of the Federal Register.
    RIN: 3245-AG73

SMALL BUSINESS ADMINISTRATION (SBA)

Final Rule Stage

394. Small Business Mentor--Prot[eacute]g[eacute] Programs

    Regulatory Plan: This entry is Seq. No. 127 in part II of this 
issue of the Federal Register.
    RIN: 3245-AG24

395. Agent Revocation and Suspension Procedures

    Legal Authority: 15 U.S.C. 634 ; 15 U.S.C. 642
    Abstract: This rule establishes detailed procedures for the 
suspension and revocation of an Agent's privilege to do business with 
the United States Small Business Administration (SBA) within a single 
Part of the Code of Federal Regulations; removes 8(a) program specific 
procedures for Agent suspension and revocation; clarifies existing and 
related regulations as to suspension, revocation, and debarment; and 
removes Office of Hearings and Appeals jurisdiction over Agent 
suspensions and revocations and government-wide debarment and 
suspension actions. This rule will also conform SBA suspension and 
revocation procedures for Agents with general government-wide 
nonprocurement suspension and debarment procedures.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/16/14  79 FR 62060
NPRM Comment Period Extended........   12/12/14  79 FR 73853
NPRM Comment Period End.............   12/15/14  .......................
Second NPRM Comment Period End......   02/14/15  .......................
Final Rule..........................   10/00/16  .......................
------------------------------------------------------------------------


[[Page 78044]]

    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

396. Small Business Size Standards: Employee Based Size Standards in 
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 Classification 
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..........................   11/00/15  .......................
------------------------------------------------------------------------

    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-AG49

397. Small Business Size Standards for Manufacturing

    Legal Authority: 15 U.S.C. 632(a)
    Abstract: This rule proposes to increase employee based size 
standards for 209 industries in North American Industry Classification 
System (NAICS) Section 31-33, Manufacturing. SBA also proposes 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 rule also proposes to eliminate 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 
examined 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..........................   01/00/16  .......................
------------------------------------------------------------------------

    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

398. Small Business Size Standards: Industries With Employee Based Size 
Standards Not Part of Manufacturing, Wholesale Trade, or Retail Trade

    Legal Authority: 15 U.S.C. 632(a)
    Abstract: This rule proposes 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 proposes 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 proposes 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 examined 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................   10/20/14  79 FR 62576
NPRM Comment Period End.............   11/10/14
Final Rule..........................   01/00/16
------------------------------------------------------------------------

    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

399. Small Business Government Contracting and National Defense 
Authorization Act of 2013 Amendments

    Regulatory Plan: This entry is Seq. No. 128 in part II of this 
issue of the Federal Register.
    RIN: 3245-AG58

400. 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

[[Page 78045]]

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 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..........................   11/00/15
------------------------------------------------------------------------

    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-AG60

401. Surety Bond Guarantee Program; Miscellaneous Amendments

    Legal Authority: 15 U.S.C. 694b
    Abstract: This rule will change the regulations for SBA's Surety 
Bond Guarantee Program in four areas. First, as a condition for 
participating in the Prior Approval and Preferred Programs, the rule 
will clarify that a Surety must directly employ underwriting and claims 
staffs sufficient to perform and manage these functions, and final 
settlement authority for claims and recovery is vested only in salaried 
employees of the Surety. Second, the rule will provide that all costs 
incurred by the Surety's salaried claims staff are ineligible for 
reimbursement by SBA, but the Surety may seek reimbursement for amounts 
paid for specialized services that are provided by outside consultants 
in connection with the processing of a claim. Third, the rule will 
modify the criteria for determining when a Principal that caused a Loss 
to SBA is ineligible for a bond guaranteed by SBA. Fourth, the rule 
will modify the criteria for admitting Sureties to the Preferred Surety 
Bond Guarantee Program by increasing the Surety's underwriting 
limitation, as certified by the U.S. Treasury Department on its list of 
acceptable sureties, from at least $2 million to at least $6.5 million.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/14/15  80 FR 19886
NPRM Comment Period End.............   06/15/15
Final Rule..........................   11/00/15
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Barbara J. Brannan, Management Analyst, Office of 
Surety Guarantees, Small Business Administration, Washington, DC 20416, 
Phone: 202 205-6545, Email: [email protected].
    RIN: 3245-AG70

SMALL BUSINESS ADMINISTRATION (SBA)

Long-Term Actions

402. 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, certified 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................................   11/00/16
------------------------------------------------------------------------

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

403. Record Disclosure and Privacy

    Legal Authority: 5 U.S.C. 301, 552 and 552(a); 31 U.S.C. 9701; 44 
U.S.C. 3501 et seq.et seq.; E.O. 12600; 52 FR 23781
    Abstract: SBA proposes to amend its Record Disclosure and Privacy 
regulations to implement the Openness Promotes Effectiveness in our 
National Government Act. The amendments, among other things, will 
update the Agency's Freedom of Information Act regulations to adjust 
the time for the public to submit an appeal of SBA's decision regarding 
a request for information, correct an obsolete address and provide 
applicable Web site addresses, and clarify the definition of news media 
for purposes of assessing processing fees.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Linda M. DiGiandomenico, Phone: 202 401-8206, 
Email: [email protected].
    RIN: 3245-AG52

SMALL BUSINESS ADMINISTRATION (SBA)

Completed Actions

404. 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.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Merged With 3245-AF99...............   08/20/15
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

[[Page 78046]]

    Agency Contact: Dianna L. Seaborn, Phone: 202 205-3645, Email: 
[email protected].
    RIN: 3245-AF88

405. 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 provides 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 also requires the SBDC or PTAC issuing the advisory opinion to 
remit a copy of the opinion to SBA for review, and established 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 also makes 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.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   02/11/15  80 FR 7533
Final Rule Effective................   08/10/15
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Brenda J. Fernandez, Phone: 202 205-7337, Email: 
[email protected].
    RIN: 3245-AG59

406. Women-Owned Small Business Federal Contract Program

    Legal Authority: 15 U.S.C. 637(m); 15 U.S.C. 634(b)(6)
    Abstract: Section 825 of the National Defense Authorization Act for 
Fiscal Year 2015 (NDAA), Pub. L. 113-291, 128 Stat. 3292, Dec. 19, 
2014, included language granting contracting officers the authority to 
award sole source contracts to WOSBs and EDWOSBs. In order to implement 
this statutory change, SBA is amending 13 CFR part 127 Subpart E by 
incorporating the statutory language granting authority for sole source 
contracts. If a contracting officer conducts market research in an 
industry where a WOSB or EDWOSB set aside is authorized, and the 
contracting officer cannot identify two or more WOSBs or EDWOSBs that 
can perform at a fair and reasonable price, but identifies one WOSB or 
EDWOSB that can perform at a fair and reasonable price, the contracting 
officer will be able to award the contract on a sole source basis, if 
the value of the contract, including options, does not exceed $6.5 
million for manufacturing contracts and $4 million for all other 
contracts. Section 825 of the NDAA also accelerated a statutory 
deadline by two years for SBA to conduct a study to determine the 
industries where WOSBs and EDWOSBs are substantially underrepresented 
or underrepresented. SBA must complete the study by January, 2, 2016. 
SBA also amended the regulatory definition of underrepresentation and 
substantial underrepresentation to align the regulatory definition with 
the more general statutory language and to ensure the agency can 
conduct a study using relevant and reliable methodologies.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/01/15  80 FR 24846
Final Rule..........................   09/14/15  80 FR 55019
Final Rule Effective................   10/14/15
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kenneth Dodds, Phone: 202 619-1766, Fax: 202 481-
2950, Email: [email protected].
    RIN: 3245-AG72

[FR Doc. 2015-30665 Filed 12-14-15; 8:45 am]
BILLING CODE 8025-01-P