[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Proposed Rules]
[Pages 71207-71212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26574]



[[Page 71207]]

Vol. 84

Thursday,

No. 247

December 26, 2019

Part XX





Small Business Administration





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Semiannual Regulatory Agenda

  Federal Register / Vol. 84 , No. 247 / Thursday, December 26, 2019 / 
UA: Reg Flex Agenda  

[[Page 71208]]


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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 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.

Christopher Pilkerton,
Acting Administrator.

              Small Business Administration--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
344.......................  8(a) Business Development          3245-AH19
                             (Section 610 Review).
345.......................  Government Contracting             3245-AH20
                             Programs (Section 610
                             Review).
346.......................  HUBZone Program (Section           3245-AH21
                             610 Review).
------------------------------------------------------------------------


           Small Business Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
347.......................  Small Business Development         3245-AE05
                             Center Program Revisions.
348.......................  Small Business Size                3245-AG88
                             Standards: Educational
                             Services; Health Care and
                             Social Assistance; Arts,
                             Entertainment and
                             Recreation; Accommodation
                             and Food Services; Other
                             Services.
349.......................  Small Business Size                3245-AG89
                             Standards: Agriculture,
                             Forestry, Fishing and
                             Hunting; Mining,
                             Quarrying, and Oil and
                             Gas Extraction;
                             Utilities; Construction.
350.......................  Small Business Size                3245-AG90
                             Standards: Transportation
                             and Warehousing;
                             Information; Finance and
                             Insurance; Real Estate
                             and Rental and Leasing.
351.......................  Small Business Size                3245-AG91
                             Standards: Professional,
                             Scientific and Technical
                             Services; Management of
                             Companies and
                             Enterprises;
                             Administrative and
                             Support, Waste Management
                             and Remediation Services.
352.......................  Small Business Size                3245-AH09
                             Standards: Manufacturing
                             and Industries With
                             Employee Based Size
                             Standards in Other
                             Sectors Except Wholesale
                             Trade and Retail Trade.
353.......................  Small Business Size                3245-AH10
                             Standards: Wholesale
                             Trade and Retail Trade.
------------------------------------------------------------------------


             Small Business Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
354.......................  Small Business Timber Set-         3245-AG69
                             Aside Program.
355.......................  National Defense                   3245-AG86
                             Authorization Acts of
                             2016 and 2017, RISE After
                             Disaster Act of 2015, and
                             Other Small Business
                             Government Contracting
                             Amendments.
356.......................  Small Business Size                3245-AH16
                             Standards: Calculation of
                             Annual Average Receipts.
357.......................  Small Business Size                3245-AH17
                             Standards: Adjustment of
                             Monetary Based Size
                             Standards for Inflation.
------------------------------------------------------------------------


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


[[Page 71209]]

SMALL BUSINESS ADMINISTRATION (SBA)

Prerule Stage

344.  8(a) Business Development (Section 610 Review)

    E.O. 13771 Designation: Other.
    Legal Authority: 15 U.S.C. 637
    Abstract: On June 30, 1998 (63 FR 35739), SBA promulgated a 
rulemaking establishing eligibility requirements for participation in 
the 8(a) Business Development and Federal Small Disadvantaged Business 
programs, and application, certification, and protest procedures, among 
other things. Certain sections within the rule may have been 
subsequently amended. The current requirements are codified in the Code 
of Federal Regulations at 13 CFR part 124. In developing this rule, SBA 
performed a Regulatory Flexibility Analysis, which indicated the rule 
could have a significant impact on a substantial number of small 
entities. SBA then used this analysis to develop the rule in such a way 
that mitigated small entity impact to the extent possible while still 
fulfilling SBA's statutory mandates. SBA is now initiating a review of 
this rule under section 610 of the Regulatory Flexibility Act to 
determine if the rule should be continued without change, or should be 
amended or rescinded, to minimize adverse economic impacts on small 
entities. In the course of the review, SBA will consider the following 
factors: (1) The continued need for the rule; (2) the comments received 
concerning the rule; (3) the complexity of the rule; (4) the extent to 
which the rule overlaps, duplicates, or conflicts with Federal, State, 
or local government rules; and (5) the degree to which technology, 
economic conditions, or other factors have changed in the area affected 
by the rule. SBA will solicit comments. Comments may be submitted 
through www.regulations.gov, referring to RIN 3245-AH19, and must be 
submitted on or before January 2, 2020.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Begin Review........................   12/00/19
End Review..........................   01/00/20
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    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-AH19

345.  Government Contracting Programs (Section 610 Review)

    E.O. 13771 Designation: Other.
    Legal Authority: Regulatory Flexibility Act, 5 U.S.C. 610; 15 
U.S.C. 634; 15 U.S.C. 637; 15 U.S.C. 644
    Abstract: On January 31, 1996 (61 FR 3312), SBA promulgated a 
rulemaking identifying requirements for four Government contracting 
assistance programs: Prime contracting assistance, subcontracting 
assistance, Government property sales assistance, and the Certificate 
of Competency program. Certain sections within the rule may have been 
subsequently amended. The current requirements are codified in the Code 
of Federal Regulations at 13 CFR part 125. In developing this rule, SBA 
performed a Regulatory Flexibility Analysis, which indicated the rule 
could have a significant impact on a substantial number of small 
entities. SBA then used this analysis to develop the rule in such a way 
that mitigated small entity impact to the extent possible while still 
fulfilling the programs' statutory mandates. SBA is now initiating a 
review of this rule under section 610 of the Regulatory Flexibility Act 
to determine if the rule should be continued without change, or should 
be amended or rescinded, to minimize adverse economic impacts on small 
entities. In the course of the review, SBA will consider the following 
factors: (1) The continued need for the rule; (2) the comments received 
concerning the rule; (3) the complexity of the rule; (4) the extent to 
which the rule overlaps, duplicates, or conflicts with Federal, State, 
or local government rules; and (5) the degree to which technology, 
economic conditions, or other factors have changed in the area affected 
by the rule. SBA will solicit comments. Comments may be submitted 
through www.regulations.gov, referring to RIN 3245-AH20, and must be 
submitted on or before January 2, 2020.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Begin Review........................   12/00/19
End Review..........................   01/00/20
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    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-AH20

346.  HUBZone Program (Section 610 Review)

    E.O. 13771 Designation: Other.
    Legal Authority: Regulatory Flexibility Act, 5 U.S.C. 610; 15 
U.S.C. 632; 15 U.S.C. 657a
    Abstract: On June 11, 1998 (63 FR 31908), SBA promulgated a 
rulemaking establishing eligibility requirements for qualified HUBZone 
small business concerns, procedures for certification program 
examinations and protests, and provisions relating to HUBZone 
contracts, among other things. Certain sections within the rule may 
have been subsequently amended. The current requirements are codified 
in the Code of Federal Regulations at 13 CFR part 126. In developing 
this rule, SBA performed a Regulatory Flexibility Analysis, which 
indicated the rule could have a significant impact on a substantial 
number of small entities. SBA then used this analysis to develop the 
rule in such a way that mitigated small entity impact to the extent 
possible while still fulfilling SBA's statutory mandates. SBA is now 
initiating a review of this rule under section 610 of the Regulatory 
Flexibility Act to determine if the rule should be amended or rescinded 
to minimize adverse economic impacts on small entities. In the course 
of the review, SBA will consider the following factors: (1) The 
continued need for the rule; (2) the comments received concerning the 
rule; (3) the complexity of the rule; (4) the extent to which the rule 
overlaps, duplicates, or conflicts with Federal, State, or local 
government rules; and (5) the degree to which technology, economic 
conditions, or other factors have changed in the area affected by the 
rule. SBA will solicit comments. Comments may be submitted through 
www.regulations.gov, referring to RIN 3245-AH21, and must be submitted 
on or before January 2, 2020.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Begin Review........................   12/00/19
End Review..........................   01/00/20
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    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-AH21


[[Page 71210]]



SMALL BUSINESS ADMINISTRATION (SBA)

Proposed Rule Stage

347. 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: This rule proposes to update the Small Business 
Development Center (SBDC) program regulations by proposing to amend: 
(1) Procedures for approving applications when a new Lead SBDC center 
is selected; (2) procedures and requirements regarding findings and 
disputes resulting from financial exams, programmatic reviews, 
accreditation reviews, and other SBA oversight activities; (3) 
requirements for new or renewal applications for SBDC grants, including 
electronic submission through the approved electronic Government 
submission facility; (4) procedures regarding the determination to 
affect suspension, termination or non-renewal of an SBDC's cooperative 
agreement; and (5) 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................................   03/00/20
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Rachel Newman-Karton, Program Manager, Small 
Business Administration, 409 3rd Street SW, Washington, DC 20416, 
Phone: 202 619-1816, Email: [email protected].
    RIN: 3245-AE05

348. 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................................   01/00/20
------------------------------------------------------------------------

    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-AG88

349. 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:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   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-AG89

350. 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................................   01/00/20
------------------------------------------------------------------------

    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-AG90

351. 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,

[[Page 71211]]

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................................   01/00/20
------------------------------------------------------------------------

    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-AG91

352. 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................................   05/00/20
------------------------------------------------------------------------

    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-AH09

353. 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 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................................   05/00/20
------------------------------------------------------------------------

    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-AH10

SMALL BUSINESS ADMINISTRATION (SBA)

Final Rule Stage

354. Small Business Timber Set-Aside Program

    E.O. 13771 Designation: Regulatory.
    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..........................   03/00/20
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: David W. Loines, 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

355. 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 National Defense Authorization Act 
(NDAA) for Fiscal Year 2017, Public Law 114-328, December 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, 
November 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

[[Page 71212]]

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........................   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-AG86

356. 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................................   06/24/19  84 FR 29399
NPRM Comment Period End.............   08/23/19
Final Action........................   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-AH16

357. 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..................   07/18/19  84 FR 34261
Interim Final Rule Effective........   08/19/19
Interim Final Rule Comment Period      09/16/19
 End.
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-AH17

SMALL BUSINESS ADMINISTRATION (SBA)

Long-Term Actions

358. 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................................   12/00/20
------------------------------------------------------------------------

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

[FR Doc. 2019-26574 Filed 12-23-19; 8:45 am]
BILLING CODE 8025-01-P