[Federal Register Volume 84, Number 121 (Monday, June 24, 2019)]
[Proposed Rules]
[Pages 29705-29710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11728]



[[Page 29705]]

Vol. 84

Monday,

No. 121

June 24, 2019

Part XIX





Small Business Administration





-----------------------------------------------------------------------





Unified Agenda

  Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 / 
Unified Agenda  

[[Page 29706]]


-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION

13 CFR Ch. I


Semiannual Regulatory Agenda

AGENCY: U.S. Small Business Administration (SBA).

ACTION: Semiannual regulatory agenda.

-----------------------------------------------------------------------

SUMMARY: This semiannual Regulatory Agenda (Agenda) is a summary of 
current and projected regulatory and deregulatory actions and completed 
actions of the Small Business Administration (SBA). This summary 
information is intended to enable the public to be more aware of, and 
effectively participate in, SBA's regulatory and deregulatory 
activities. Accordingly, 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: The Regulatory Flexibility Act (RFA) 
requires SBA to publish in the Federal Register a semiannual regulatory 
flexibility agenda describing those Agency rules that are likely to 
have a significant economic impact on a substantial number of small 
entities (5 U.S.C. 602). The summary information published in the 
Federal Register is limited to those rules. Additional information 
regarding all of the rulemakings SBA expects to consider in the next 12 
months is included in the Federal Government's complete Regulatory 
Agenda, which will be available online at www.reginfo.gov in a format 
that offers users enhanced ability to obtain information about SBA's 
rules.
    SBA is fully committed to implementing the Administration's 
regulatory reform policies, as established by Executive Order 13771, 
Reducing Regulation and Controlling Regulatory Costs (January 30, 2017) 
and Executive Order 13777, Enforcing the Regulatory Reform Agenda 
(February 24, 2017). In order to fully implement the goal of these 
executive orders, SBA seeks feedback from the public in identifying any 
SBA regulations affected parties believe impose unnecessary burdens or 
costs that exceed their benefits; eliminate jobs or inhibit job 
creation; or are ineffective or outdated.

Linda E. McMahon,
Administrator.

           Small Business Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
189.......................  Small Business Development         3245-AE05
                             Center Program Revisions.
190.......................  Small Business Size                3245-AG16
                             Standards; Alternative
                             Size Standard for 7(a),
                             504, and Disaster Loan
                             Programs.
191.......................  Women-Owned Small Business         3245-AG75
                             and Economically
                             Disadvantaged Women-Owned
                             Small Business--
                             Certification.
192.......................  Small Business Size                3245-AG88
                             Standards: Educational
                             Services; Health Care and
                             Social Assistance; Arts,
                             Entertainment and
                             Recreation; Accommodation
                             and Food Services; Other
                             Services.
193.......................  Small Business Size                3245-AG89
                             Standards: Agriculture,
                             Forestry, Fishing and
                             Hunting; Mining,
                             Quarrying, and Oil and
                             Gas Extraction;
                             Utilities; Construction.
194.......................  Small Business Size                3245-AG90
                             Standards: Transportation
                             and Warehousing;
                             Information; Finance and
                             Insurance; Real Estate
                             and Rental and Leasing.
195.......................  Small Business Size                3245-AG91
                             Standards: Professional,
                             Scientific and Technical
                             Services; Management of
                             Companies and
                             Enterprises;
                             Administrative and
                             Support, Waste Management
                             and Remediation Services.
196.......................  Regulatory Reform                  3245-AG98
                             Initiative: Streamlining
                             and Modernizing the 7(a),
                             Microloan, and 504 Loan
                             Programs to Reduce
                             Unnecessary Regulatory
                             Burden.
197.......................  Small Business Size                3245-AH09
                             Standards: Manufacturing
                             and Industries With
                             Employee Based Size
                             Standards in Other
                             Sectors Except Wholesale
                             Trade and Retail Trade.
198.......................  Small Business Size                3245-AH10
                             Standards: Wholesale
                             Trade and Retail Trade.
199.......................  Small Business Size                3245-AH16
                             Standards: Calculation of
                             Annual Average Receipts.
200.......................  Small Business HUBZone             3245-AG38
                             Program and Government
                             Contracting Programs.
201.......................  Small Business Timber Set-         3245-AG69
                             Aside Program.
202.......................  National Defense                   3245-AG86
                             Authorization Acts of
                             2016 and 2017, RISE After
                             Disaster Act of 2015, and
                             Other Small Business
                             Government Contracting
                             Amendments.
203.......................  Streamlining and                   3245-AG97
                             Modernizing Certified
                             Development Company
                             Program (504 Loan
                             Program) Corporate
                             Governance Requirements.
204.......................  Small Business Size                3245-AH17
                             Standards: Adjustment of
                             Monetary Based Size
                             Standards for Inflation.
------------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION (SBA)

Proposed Rule Stage

189. Small Business Development Center Program Revisions

    E.O. 13771 Designation: Other.
    Legal Authority: 15 U.S.C. 634(b)(6); 15 U.S.C. 648
    Abstract: Updates the Small Business Development Center (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 
oversight activities; (4) requirements for new or renewal applications 
for SBDC grants, including 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:

[[Page 29707]]



------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   04/02/15  80 FR 17708
ANPRM Comment Period End............   06/01/15  .......................
NPRM................................   03/00/20  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Bruce D. Purdy, Deputy Associate Administrator for 
Small Business Development Centers, Small Business Administration, 409 
Third Street SW, Washington, DC 20416, Phone: 202 205-7532, Email: 
[email protected].
    RIN: 3245-AE05

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

    E.O. 13771 Designation: Other.
    Legal Authority: Pub. L. 111-240, sec. 1116
    Abstract: SBA will propose amendments 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. SBA loan program 
alternative size standards do not affect other Federal Government 
programs, including Federal procurement.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   03/22/18  83 FR 12506
ANPRM Comment Period End............   05/21/18  .......................
NPRM................................   02/00/20  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size 
Standards, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email: 
[email protected].
    RIN: 3245-AG16

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

    E.O. 13771 Designation: Other.
    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. This rule will propose the standards and procedures for 
participation in this certification program. This rule will also 
propose to revise the procedures for continuing eligibility, program 
examinations, protests, and appeals. The proposed revisions will 
reflect public comments that SBA received in response to the Advanced 
Notice of Proposed Rulemaking that the agency issued in December 2016 
to solicit feedback on implementation of the program. Finally, SBA is 
planning to continue to utilize new technology to improve its 
efficiency and decrease small business burdens, and therefore, the new 
certification procedures will be based on an electronic application and 
certification process.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   12/18/15  80 FR 78984
ANPRM Comment Period End............   02/16/16  .......................
NPRM................................   07/00/19  .......................
------------------------------------------------------------------------

    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-AG75

192. Small Business Size Standards: Educational Services; Health Care 
and Social Assistance; Arts, Entertainment and Recreation; 
Accommodation and Food Services; Other Services

    E.O. 13771 Designation: Other.
    Legal Authority: 15 U.S.C. 632(a)
    Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires 
SBA to conduct every five years a detailed review of all size standards 
and to make appropriate adjustments to reflect market conditions. As 
part of the second five-year review of size standards under the Jobs 
Act, in this proposed rule, SBA will evaluate size standards for all 
industries in North American Industry Classification System (NAICS) 
Sector 61 (Educational Services), Sector 62 (Health Care and Social 
Assistance), Sector 71 (Arts, Entertainment and Recreation), Sector 72 
(Accommodation and Food Services), and Sector 81 (Other Services) and 
make necessary adjustments to size standards in these sectors. This is 
one of a series of proposed rules that will examine groups of NAICS 
sectors. SBA will apply its Size Standards Methodology to this proposed 
rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/19  .......................
------------------------------------------------------------------------

    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-AG88

193. Small Business Size Standards: Agriculture, Forestry, Fishing and 
Hunting; Mining, Quarrying, and Oil and Gas Extraction; Utilities; 
Construction

    E.O. 13771 Designation: Other.
    Legal Authority: 15 U.S.C. 632(a)
    Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires 
SBA to conduct every five years a detailed review of all size standards 
and to make appropriate adjustments to reflect market conditions. As 
part of the second five-year review of size standards under the Jobs 
Act, in this proposed rule, SBA will evaluate each industry that has a 
receipts-based standard in North American Industry Classification 
System (NAICS) Sector 11 (Agriculture, Forestry, Fishing and Hunting), 
Sector 21 (Mining, Quarrying, and Oil and Gas Extraction), Sector 22 
(Utilities), and Sector 23 (Construction), and make necessary 
adjustments to size standards in these sectors. This is one of a series 
of proposed rules that will examine groups of NAICS sectors. SBA will 
apply its Size Standards Methodology to this proposed rule.
    Timetable:

[[Page 29708]]



------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/19  .......................
------------------------------------------------------------------------

    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-AG89

194. Small Business Size Standards: Transportation and Warehousing; 
Information; Finance and Insurance; Real Estate and Rental and Leasing

    E.O. 13771 Designation: Other.
    Legal Authority: 15 U.S.C. 632(a)
    Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires 
SBA to conduct every five years a detailed review of all size standards 
and to make appropriate adjustments to reflect market conditions. As 
part of the second five-year review of size standards under the Jobs 
Act, in this proposed rule, SBA will evaluate each industry that has a 
receipts-based standard in North American Industry Classification 
System (NAICS) Sector 48-49 (Transportation and Warehousing), Sector 51 
(Information), Sector 52 (Finance and Insurance), and Sector 53 (Real 
Estate and Rental and Leasing) and make necessary adjustments to size 
standards in these sectors. This is one of a series of proposed rules 
that will examine groups of NAICS sectors. SBA will apply its Size 
Standards Methodology to this proposed rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/00/19  .......................
------------------------------------------------------------------------

    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-AG90

195. Small Business Size Standards: Professional, Scientific and 
Technical Services; Management of Companies and Enterprises; 
Administrative and Support, Waste Management and Remediation Services

    E.O. 13771 Designation: Other.
    Legal Authority: 15 U.S.C. 632(a)
    Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires 
SBA to conduct every five years a detailed review of all size standards 
and to make appropriate adjustments to reflect market conditions. As 
part of the second five-year review of size standards under the Jobs 
Act, in this proposed rule, SBA will evaluate each industry that has a 
receipts-based standard in North American Industry Classification 
System (NAICS) Sector 54 (Professional, Scientific and Technical 
Services), Sector 55 (Management of Companies and Enterprises), and 
Sector 56 (Administrative and Support, Waste Management and Remediation 
Services) and make necessary adjustments to size standards in these 
sectors. This is one of a series of proposed rules that will examine 
groups of NAICS sectors. SBA will apply its Size Standards Methodology 
to this proposed rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/00/19  .......................
------------------------------------------------------------------------

    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-AG91

196. Regulatory Reform Initiative: Streamlining and Modernizing the 
7(a), Microloan, and 504 Loan Programs To Reduce Unnecessary Regulatory 
Burden

    E.O. 13771 Designation: Deregulatory.
    Legal Authority: 15 U.S.C. 636(a); 15 U.S.C. 636(m); 15 U.S.C. 695 
et seq.
    Abstract: SBA is proposing to streamline the regulations in part 
120 of chapter 13 of the Code of Federal Regulations that apply to the 
7(a), Microloan, and 504 Loan Programs by eliminating or revising the 
provisions that are obsolete, ineffective, burdensome, or unnecessary. 
The proposed changes include removing or revising regulations related 
to programs that are either no longer in effect or have not been funded 
for many years, such as the America's Recovery Capital Loan Program, 
certain 7(a) direct loans to small businesses, or the veteran's direct 
loan program; and clarifying the factors that SBA will consider when 
seeking the appointment of a receiver and the scope of the receivership 
with respect to Certified Development Companies, Small Business Lending 
Companies, and Non-Federally Regulated Lenders.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/19  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Linda Reilly, Chief, 504 Loan Program, Small 
Business Administration, 409 Third Street SW, Washington, DC 20416, 
Phone: 202 205-9949, Email: [email protected].
    RIN: 3245-AG98

197.  Small Business Size Standards: Manufacturing and 
Industries With Employee Based Size Standards in Other Sectors Except 
Wholesale Trade and Retail Trade

    E.O. 13771 Designation: Other.
    Legal Authority: 15 U.S.C. 632(a)
    Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires 
SBA to conduct every five years a detailed review of all size standards 
and to make appropriate adjustments to reflect market conditions. As 
part of the second 5-year review of size standards under the Jobs Act, 
in this proposed rule, SBA will evaluate all industries in North 
American Industry Classification System (NAICS) Sector 31-33 
(Manufacturing) and industries with employee based size standards in 
other sectors except Wholesale Trade and Retail Trade and make 
necessary adjustments to their size standards. This is one of a series 
of proposed rules that will examine groups of NAICS sectors. SBA will 
apply its revised Size Standards Methodology, which is available on its 
website at http://www.sba.gov/size, to this proposed rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/19  .......................
------------------------------------------------------------------------

    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-AH09

198.  Small Business Size Standards: Wholesale Trade and Retail 
Trade

    E.O. 13771 Designation: Other.
    Legal Authority: 15 U.S.C. 632(a)
    Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires 
SBA to conduct every five years a detailed review of all size standards 
and to make appropriate adjustments to reflect market conditions. As 
part of the second

[[Page 29709]]

5-year review of size standards under the Jobs Act, in this proposed 
rule, SBA will evaluate all industries in North American Industry 
Classification System (NAICS) Sector 42 (Wholesale Trade) and Sector 
44-45 (Retail Trade) and make necessary adjustments to their size 
standards. This is one of a series of proposed rules that will examine 
groups of NAICS sectors. SBA will apply its revised Size Standards 
Methodology, which is available on its website at http://www.sba.gov/size, to this proposed rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/19  .......................
------------------------------------------------------------------------

    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-AH10

199.  Small Business Size Standards: Calculation of Annual 
Average Receipts

    E.O. 13771 Designation: Other.
    Legal Authority: 15 U.S.C. 632(a); Pub. L. 115-32
    Abstract: On December 17, 2018, the President signed the Small 
Business Runway Extension Act (Pub. L. 115-32), which amended Section 
3(a)(2)(C)(ii)(II) of the Small Business Act (15 U.S.C. 
632(a)(2)(C)(ii)(II) by changing calculating average annual receipts 
for size standard purposes. This rulemaking is to implement the new law 
by changing the period for calculating annual average revenue receipts 
for receipts based size standards from three (3) years to five (5) 
years in 13 CFR 121.104.
    The Small Business Act (15 U.S.C. 632(a)) delegates to SBA's 
Administrator the responsibility for establishing, reviewing, and 
updating small business definitions, commonly referred to as size 
standards. The Small Business Runway Extension Act amended the Small 
Business Act, changing the period for calculating average annual 
receipts from three (3) years to five (5) years.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/19  .......................
------------------------------------------------------------------------

    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-AH16

SMALL BUSINESS ADMINISTRATION (SBA)

Final Rule Stage

200. Small Business Hubzone Program and Government Contracting Programs

    E.O. 13771 Designation: Deregulatory.
    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 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 rule, SBA will 
focus on the principles of Executive Orders 12866, 13771, and 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
------------------------------------------------------------------------
Public Meeting......................   04/23/18  83 FR 17626
Public Meeting......................   05/30/18  83 FR 24684
NPRM................................   10/31/18  83 FR 54812
NPRM Comment Period End.............   12/31/18  .......................
NPRM Comment Period Extended........   12/31/18  83 FR 67701
NPRM Comment Period Extended End....   02/14/19  .......................
Final Action........................   09/00/19  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Art Collins, Acting Director, Office of HUBZone, 
Small Business Administration, 409 3rd Street SW, Washington, DC 20416, 
Phone: 202 205-6285, Email: [email protected].
    RIN: 3245-AG38

201. Small Business Timber Set[dash]Aside Program

    E.O. 13771 Designation: Other.
    Legal Authority: 15 U.S.C. 631; 15 U.S.C. 644(a)
    Abstract: The U.S. Small Business Administration (SBA or Agency) is 
amending 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 considered comments received during the Advance 
Notice of Proposed Rulemaking and Notice of Proposed Rulemaking 
processes, 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................................   09/27/16  81 FR 66199
NPRM Comment Period End.............   11/28/16  .......................
Final Rule..........................   10/00/19  .......................
------------------------------------------------------------------------

    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

202. National Defense Authorization Acts of 2016 and 2017, Rise After 
Disaster Act of 2015, and Other Small Business Government Contracting 
Amendments

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 15 U.S.C. 637(d)(17); Pub. L. 114-328, sec. 1811, 
sec. 1821; Pub. L. 114-92, sec. 863; Pub. L. 114-88, sec. 2108
    Abstract: Section 1811 of the of the National Defense Authorization 
Act

[[Page 29710]]

(NDAA) for Fiscal Year 2017, Public Law 114-328, Dec. 23, 2016, (NDAA) 
of 2017 limits the scope of review of Procurement Center 
Representatives for certain Department of Defense procurements 
performed outside of the United States. Section 1821 of the NDAA of 
2017 establishes that failure to act in good faith in providing timely 
subcontracting reports shall be considered a material breach of the 
contract. Section 863 of the NDAA for FY 2016, Public Law 114-92, Nov. 
25, 2015, establishes procedures for the publication of acquisition 
strategies if the acquisition involves consolidation or substantial 
bundling. This rule also addresses changes requested by industry or 
other agencies, including those pertaining to exclusions from 
calculating compliance with the limitations on subcontracting, an 
agency's ability to set aside orders under set-aside contracts, and a 
contracting officer's authority to request reports on a prime 
contractor's compliance with the limitations on subcontracting. Section 
2108 of Public Law 114-88 provides agencies with double credit when 
they award to a local small business in a disaster area.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/04/18  83 FR 62516
NPRM Comment Period End.............   02/04/19  .......................
Final Action........................   12/00/19  .......................
------------------------------------------------------------------------

    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-AG86

203. Streamlining and Modernizing Certified Development Company Program 
(504 Loan Program) Corporate Governance Requirements

    E.O. 13771 Designation: Other.
    Legal Authority: 15 U.S.C. 695 et seq.
    Abstract: SBA is proposing to simplify, streamline, and update 
SBA's regulations relating to CDC operational and organizational 
requirements in order to improve efficiencies and achieve costs savings 
without compromising performance in the 504 Loan Program. The proposed 
changes include lowering the number of directors required for the CDC's 
Board; clarifying that members of the Board must live or work in the 
CDC's Area of Operations; eliminating the requirement that one Board 
member represent the economic, community or workforce development 
fields; eliminating the requirement that limits the number of Board 
members in the commercial lending field to less than 50 percent of the 
Board; increasing the 504 loan portfolio balance above which each CDC 
must have its financial statements audited annually by a certified 
public accountant, resulting in increased savings to CDCs without 
creating undue risk; eliminating the requirement that a Multi-State CDC 
establish a Loan Committee in each State into which it expands; 
allowing a CDC to make a 504 loan outside its Area of Operation to an 
affiliate of a business that the CDC previously assisted; allowing CDCs 
that participate in the Premier Certified Lenders Program to base the 
balance it is required to maintain in its Loan Loss Reserve Fund on a 
declining balance methodology instead of the original principal amount; 
and allowing CDCs to provide greater assistance to each other than 
currently authorized under certain circumstances.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/15/19  84 FR 15147
Comment Period Ends.................   06/14/19  .......................
Final Rule..........................   10/00/19  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Linda Reilly, Chief, 504 Loan Program, Small 
Business Administration, 409 Third Street SW, Washington, DC 20416, 
Phone: 202 205-9949, Email: [email protected].
    RIN: 3245-AG97

204.  Small Business Size Standards: Adjustment of Monetary 
Based Size Standards for Inflation

    E.O. 13771 Designation: Deregulatory
    Legal Authority: 15 U.S.C. 632(a)
    Abstract: In this interim final rule, the U.S. Small Business 
Administration (SBA or Agency) adjusts all monetary based industry size 
standards (i.e., receipts, assets, net worth, and net income) for 
inflation since the last adjustment in 2014. In accordance with its 
regulations in 13 CFR 121.102(c), SBA is required to review the effects 
of inflation on its monetary standards at least once every five years 
and adjust them, if necessary. In addition, the Small Business Jobs Act 
of 2010 (Jobs Act) also requires SBA to conduct every five years a 
detailed review of all size standards and to make appropriate 
adjustments to reflect market conditions. This action will restore the 
small business eligibility of businesses that have lost that status due 
to inflation.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   06/00/19  .......................
------------------------------------------------------------------------

    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-AH17

[FR Doc. 2019-11728 Filed 6-21-19; 8:45 am]
BILLING CODE 8025-01-P