[Federal Register Volume 85, Number 82 (Tuesday, April 28, 2020)]
[Proposed Rules]
[Pages 23487-23489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08475]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 85, No. 82 / Tuesday, April 28, 2020 / 
Proposed Rules  

[[Page 23487]]



SMALL BUSINESS ADMINISTRATION

13 CFR Parts 124, 125, and 126

[Docket #s: SBA-2020-0016; SBA-2020-0017; SBA-2020-0018]


List of Rules To Be Reviewed Pursuant to the Regulatory 
Flexibility Act

AGENCY: U.S. Small Business Administration.

ACTION: Regulatory review; request for comments.

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SUMMARY: The U.S. Small Business Administration (``SBA'' or ``Agency'') 
is publishing a list of rules to be reviewed pursuant to section 610 of 
the Regulatory Flexibility Act. SBA is seeking public comment on 
whether the rules should be continued without change, amended or 
rescinded to minimize any significant economic impact of the rules upon 
a substantial number of small entities.

DATES: Comments should be submitted by July 27, 2020.

ADDRESSES: You may submit comments by any of the methods listed below. 
In your comment, please use the following reference(s): For comments 
related to part 124, reference docket number SBA-2020-0016; for 
comments related to part 125, reference docket number SBA-2020-0017; 
for comments related to part 126, reference docket number SBA-2020-
0018.
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail/Hand Delivery: Brenda Fernandez, U.S. Small Business 
Administration, 409 Third Street SW, 2nd Floor, Washington, DC 20416.
    All comments will be posted on https://www.regulations.gov. If you 
wish to submit Confidential Business Information (CBI) as defined in 
the User Notice at https://www.regulations.gov, you must submit such 
information either by mail to Brenda Fernandez, U.S. Small Business 
Administration, 409 Third Street SW, 2nd Floor, Washington, DC 20416, 
or by email to Brenda Fernandez. Highlight the information that you 
consider to be CBI and explain why you believe SBA should hold this 
information as confidential. SBA will review your information and 
determine whether it will make the information public.

FOR FURTHER INFORMATION CONTACT: Brenda Fernandez, U.S. Small Business 
Administration, Office of Policy, Planning and Liaison, 409 Third 
Street SW, Washington, DC 20416; (202) 205-7337; 
[email protected].

SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act of 1980 
(``RFA''), codified at 5 U.S.C. 601-612, requires agencies to consider 
the impact of regulatory actions on small entities when developing 
rules. When an agency issues a proposed rule, the agency must ``prepare 
and make available for public comment an initial regulatory flexibility 
analysis'' to ``describe the impact of the proposed rule on small 
entities.'' \1\ For the rules listed in this document, SBA's initial 
regulatory flexibility analysis indicated that the rule could have a 
significant impact on a substantial number of small entities. During 
the development of each final rule, SBA considered the public's 
comments in analyzing and determining how to mitigate small entity 
impact to the extent possible while still fulfilling SBA's statutory 
mandates. In each final rule, SBA again found that the rulemaking may 
have a significant economic impact on a substantial number of small 
entities within the meaning of the RFA and therefore included a final 
regulatory flexibility analysis in the rule.
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    \1\ Section 605 of the RFA allows an agency to certify a rule, 
in lieu of preparing an analysis, if the rulemaking is not expected 
to have a significant economic impact on a substantial number of 
small entities.
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    Under the RFA, agencies must review rules that may have a 
significant economic impact upon a substantial number of small entities 
within ten years of the publication of such rules as final rules. 5 
U.S.C. 610(a). The purpose of the review is ``to determine whether such 
rules should be continued without change or should be amended or 
rescinded . . . to minimize any significant economic impact of the 
rules upon a substantial number of such small entities.'' 5 U.S.C. 
610(a). The RFA sets forth specific considerations that must be 
addressed in the review of each rule:
     The continued need for the rule;
     The nature of complaints or comments received concerning 
the rule from the public;
     The complexity of the rule;
     The extent to which the rule overlaps, duplicates or 
conflicts with other federal rules, and, to the extent feasible, with 
state and local governmental rules; and
     The length of time since the rule has been evaluated or 
the degree to which technology, economic conditions, or other factors 
have changed in the area affected by the rule. 5 U.S.C. 610(c).
    SBA has identified the rules listed below for review pursuant to 
section 610 of the RFA. The description for each of these rules is 
organized by CFR Part and includes links to the rules associated with 
that Part. In addition to the factors listed above, SBA particularly 
solicits public comment on whether these rules affect small businesses 
in new or different ways than when they were first adopted.

A. Rules Amending 13 CFR Part 124

    Title: 8(a) Business Development (Section 610 Review).
    Docket Number: SBA-2020-0016.
    RIN: 3245-AH19.
    Citation: 13 CFR 124.
    Authority: 15 U.S.C. 637.
    Description: Under part 124, 8(a) Business Development/Small 
Disadvantaged Business Status Determinations, SBA has promulgated 
several rules that the Agency found would have a significant economic 
impact on a substantial number of small entities within the meaning of 
the RFA. These rules established eligibility requirements for 
participation in the 8(a) programs and application, certification, and 
protest procedures, among other things. Each of these rules is listed 
below; for ease of access, SBA has provided the web address for the 
proposed and final publications of each rule.

(1) Rule: Small Business Size Regulations; 8(a) Business Development/
Small Disadvantaged Business Status Determinations; Rules of Procedure 
Governing Cases Before the Office of Hearings and Appeals

    Proposed Rule: https://www.govinfo.gov/content/pkg/FR-1997-08-14/pdf/FR-1997-08-14.pdf#page=138 (62 FR 43584, August 14, 1997).

[[Page 23488]]

    Final Rule: https://www.govinfo.gov/content/pkg/FR-1998-06-30/pdf/98-17196.pdf#page=1 (63 FR 35726, June 30, 1998).

(2) Rule: Small Business Size Regulations; 8(a) Business Development/
Small Disadvantaged Business Status Determinations

    Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2009-10-28/pdf/E9-25416.pdf#page=1 (74 FR 55694, October 28, 2009).
    Final Rule: https://www.govinfo.gov/content/pkg/FR-2011-02-11/pdf/2011-2581.pdf#page=1 (76 FR 8222, February 11, 2011).

(3) Rule: Small Business, Small Disadvantaged Business, HUBZone, and 
Service-Disabled Veteran-Owned Business Status Protest and Appeal 
Regulations

    Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2010-03-01/pdf/FR-2010-03-01.pdf#page=52 (75 FR 9129, March 1, 2010).
    Final Rule: https://www.govinfo.gov/content/pkg/FR-2011-02-02/pdf/FR-2011-02-02.pdf#page=9 (76 FR 5680, February 2, 2011).

(4) Rule: Small Business Size and Status Integrity

    Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2011-10-07/pdf/FR-2011-10-07.pdf#page=41 (76 FR 62313, October 7, 2011).
    Final Rule: https://www.govinfo.gov/content/pkg/FR-2013-06-28/pdf/FR-2013-06-28.pdf#page=9 (78 FR 38811, June 28,2013).

(5) Rule: Acquisition Process: Task and Delivery Order Contracts, 
Bundling, Consolidation

    Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2012-05-16/pdf/FR-2012-05-16.pdf#page=378 (77 FR 29130, May 16, 2012).
    Final Rule: https://www.govinfo.gov/content/pkg/FR-2013-10-02/pdf/FR-2013-10-02.pdf#page=469 (78 FR 61114, (October 2, 2013).

(6) Rule: Small Business Mentor Prot[eacute]g[eacute] Programs; Small 
Business Size Regulations; Government Contracting Programs; 8(a) 
Business Development/Small Disadvantaged Business Status 
Determinations; HUBZone Program; Women-Owned Small Business Federal 
Contract Program; Rules of Procedure Governing Cases Before the Office 
of Hearings and Appeals

    Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2015-02-05/pdf/FR-2015-02-05.pdf#page=196 (80 FR 6618, February 5, 2015).
    Final Rule: https://www.govinfo.gov/content/pkg/FR-2016-07-25/pdf/FR-2016-07-25.pdf#page=248 (81 FR 48558, July 25, 2016).

B. Rules Impacting 13 CFR Part 125

    Title: Government Contracting Programs (Section 610 Review).
    Docket Number: SBA-2020-0017.
    RIN: 3245-AH20.
    Citation: 13 CFR 125.
    Authority: 15 U.S.C. 634, 637 and 644.
    Description: Under part 125, Government Contracting Programs, SBA 
has promulgated several rules that the Agency determined would have a 
significant economic impact on a substantial number of small entities 
within the meaning of the RFA. These rules established requirements for 
participation in SBA's government contracting programs, contracting 
provisions, and protest procedures, among other things. Each of these 
rules is listed below; for ease of access, SBA has provided the web 
address for the proposed and final publications of each rule.

(1) Rule: HUBZone Empowerment Contracting Program

    Proposed Rule: https://www.govinfo.gov/content/pkg/FR-1998-04-02/pdf/FR-1998-04-02.pdf#page=72 (63 FR 16148, April 2, 1998).
    Final Rule: https://www.govinfo.gov/content/pkg/FR-1998-06-11/pdf/98-15581.pdf#page=1 (63 FR 31896, June 11, 1998).

(2) Rule: Small Business Size Regulations and Government Contracting 
Assistance Regulations; Very Small Business Concern

    Proposed Rule: https://www.govinfo.gov/content/pkg/FR-1997-01-21/pdf/FR-1997-01-21.pdf#page=96 (62 FR 2979, January 21, 1997).
    Final Rule: https://www.govinfo.gov/content/pkg/FR-1998-09-02/pdf/FR-1998-09-02.pdf#page=19 (63 FR 46640, September 2, 1998).

(3) Rule: Government Contracting Programs

    Proposed Rule: https://www.govinfo.gov/content/pkg/FR-1999-01-13/pdf/99-560.pdf (64 FR 2153, January 13, 1999).
    Interim Final Rule: https://www.govinfo.gov/content/pkg/FR-1999-10-25/pdf/FR-1999-10-25.pdf#page=13 (64 FR 57366, October 25, 1999).
    Final Rule: https://www.govinfo.gov/content/pkg/FR-2000-07-26/pdf/FR-2000-07-26.pdf#page=9 (65 FR 45831, July 26, 2000).

(4) Rule: Small Business Government Contracting Programs

    Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2003-01-31/pdf/03-2158.pdf#page=2 (68 FR 5134, January 31, 2003).
    Final Rule: https://www.govinfo.gov/content/pkg/FR-2003-10-20/pdf/FR-2003-10-20.pdf#page=156 (68 FR 60006, October 20, 2003).

(5) Rule: Small Business Size Regulations; Government Contracting 
Programs; HUBZone Program

    Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2002-01-28/pdf/FR-2002-01-28.pdf#page=38 (67 FR 3826, January 28, 2002).
    Final Rule: https://www.govinfo.gov/content/pkg/FR-2004-05-24/pdf/FR-2004-05-24.pdf#page=8 (69 FR 29411, May 24, 2004).

(6) Rule: Women-Owned Small Business Federal Contract Program

    Proposed Rule: \2\ https://www.govinfo.gov/content/pkg/FR-2010-03-04/pdf/FR-2010-03-04.pdf#page=285 (75 FR 10030, March 4, 2010).
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    \2\ This Proposed Rule included a withdrawal of SBA Final Rule, 
Women-Owned Small Business Federal Contract Assistance Procedures 
(October 1, 2008; 73 FR 56940). SBA published a final regulatory 
flexibility analysis with the Final Rule and determined that the 
rulemaking may have a significant impact on a substantial number of 
small entities. As the rule was later withdrawn, SBA has not 
included it in its section 610 review.
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    Final Rule: https://www.govinfo.gov/content/pkg/FR-2010-10-07/pdf/FR-2010-10-07.pdf#page=289 (75 FR 62258, October 7, 2010).

(7) Rule: Small Business, Small Disadvantaged Business, HUBZone, and 
Service-Disabled Veteran-Owned Business Status Protest and Appeal 
Regulations

    Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2010-03-01/pdf/FR-2010-03-01.pdf#page=52 (75 FR 9129, March 1, 2010).
    Final Rule: https://www.govinfo.gov/content/pkg/FR-2011-02-02/pdf/FR-2011-02-02.pdf#page=9 (76 FR 5680, February 2, 2011).

(8) Rule: Small Business Size and Status Integrity

    Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2011-10-07/pdf/FR-2011-10-07.pdf#page=41 (76 FR 62313, October 7, 2011).
    Final Rule: https://www.govinfo.gov/content/pkg/FR-2013-06-28/pdf/FR-2013-06-28.pdf#page=9 (78 FR 38811, June 28, 2013).

[[Page 23489]]

(9) Rule: Small Business Subcontracting

    Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2011-10-05/pdf/FR-2011-10-05.pdf#page=79 (76 FR 61626, October 5, 2011).
    Final Rule: https://www.govinfo.gov/content/pkg/FR-2013-07-16/pdf/FR-2013-07-16.pdf#page=10 (78 FR 42391, July 16, 2013).

(10) Rule: Acquisition Process: Task and Delivery Order Contracts, 
Bundling, Consolidation

    Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2012-05-16/pdf/FR-2012-05-16.pdf#page=378 (77 FR 29130, May 16, 2012).
    Final Rule: https://www.govinfo.gov/content/pkg/FR-2013-10-02/pdf/FR-2013-10-02.pdf#page=469 (78 FR 61114, October 2, 2013).

(11) Rule: Small Business Mentor Prot[eacute]g[eacute] Programs; Small 
Business Size Regulations; Government Contracting Programs; 8(a) 
Business Development/Small Disadvantaged Business Status 
Determinations; HUBZone Program; Women-Owned Small Business Federal 
Contract Program; Rules of Procedure Governing Cases Before the Office 
of Hearings and Appeals (February 5, 2015; 80 FR 6618

    Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2015-02-05/pdf/FR-2015-02-05.pdf#page=196 (80 FR 6618, February 5, 2015).
    Final Rule: Small Business Mentor Prot[eacute]g[eacute] Programs 
(July 25, 2016; 81 FR 48558); https://www.govinfo.gov/content/pkg/FR-2016-07-25/pdf/FR-2016-07-25.pdf#page=248.

C. Rules Related to 13 CFR Part 126

    Title: HUBZone Program (Section 610 Review).
    Docket Number: SBA-2020-0018.
    RIN: 3245-AH21.
    Citation: 13 CFR 126.
    Authority: 15 U.S.C. 632 and 657a.
    Description: Under part 126, HUBZone program, SBA has promulgated 
several rules that the Agency determined would have a significant 
economic impact on a substantial number of small entities within the 
meaning of the RFA. These rules established eligibility requirements 
for qualified HUBZone small business concerns, procedures for 
certification program examinations and protests, and provisions 
relating to HUBZone contracts, among other things. Each of these rules 
is listed below; for ease of access, SBA has provided the web address 
for the proposed and final publications of each rule.

(1) Rule: HUBZone Empowerment Contracting Program

    Proposed Rule: HUBZone Empowerment Contracting Program (April 2, 
1998; 63 FR 16148); https://www.govinfo.gov/content/pkg/FR-1998-04-02/pdf/FR-1998-04-02.pdf#page=72.
    Final Rule: HUBZone Empowerment Contracting Program (June 11, 1998; 
63 FR 31896); https://www.govinfo.gov/content/pkg/FR-1998-06-11/pdf/98-15581.pdf#page=1.

(2) Rule: Small Business Size Regulations; Government Contracting 
Programs; HUBZone Program

    Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2002-01-28/pdf/FR-2002-01-28.pdf#page=38 (67 FR 3826, January 28, 2002).
    Final Rule: Small Business Size Regulations; Government Contracting 
Programs; HUBZone Program https://www.govinfo.gov/content/pkg/FR-2004-05-24/pdf/FR-2004-05-24.pdf#page=8 (69 FR 29411, May 24, 2004).

(3) Rule: Women-Owned Small Business Federal Contract Program

    Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2010-03-04/pdf/FR-2010-03-04.pdf#page=285 (75 FR 10030, March 4, 2010).
    Final Rule: https://www.govinfo.gov/content/pkg/FR-2010-10-07/pdf/FR-2010-10-07.pdf#page=289 (75 FR 62258, October 7, 2010).

(4) Rule: Small Business, Small Disadvantaged Business, HUBZone, and 
Service-Disabled Veteran-Owned Business Status Protest and Appeal 
Regulations

    Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2010-03-01/pdf/FR-2010-03-01.pdf#page=52 (75 FR 9129, March 1, 2010).
    Final Rule: https://www.govinfo.gov/content/pkg/FR-2011-02-02/pdf/FR-2011-02-02.pdf#page=9 (76 FR 5680, February 2, 2011).

(5) Rule: Small Business Size and Status Integrity

    Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2011-10-07/pdf/FR-2011-10-07.pdf#page=41 (76 FR 62313, October 7, 2011).
    Final Rule: https://www.govinfo.gov/content/pkg/FR-2013-06-28/pdf/FR-2013-06-28.pdf#page=9 (78 FR 38811, June 28, 2013).

(6) Rule: Acquisition Process: Task and Delivery Order Contracts, 
Bundling, Consolidation

    Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2012-05-16/pdf/FR-2012-05-16.pdf#page=378 (77 FR 29130, May 16, 2012).
    Final Rule: https://www.govinfo.gov/content/pkg/FR-2013-10-02/pdf/FR-2013-10-02.pdf#page=469 (78 FR 61114, October 2, 2013).

(7) Rule: Small Business Mentor Prot[eacute]g[eacute] Programs; Small 
Business Size Regulations; Government Contracting Programs; 8(a) 
Business Development/Small Disadvantaged Business Status 
Determinations; HUBZone Program; Women-Owned Small Business Federal 
Contract Program; Rules of Procedure Governing Cases Before the Office 
of Hearings and Appeals

    Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2015-02-05/pdf/FR-2015-02-05.pdf#page=196 (80 FR 6618, February 5, 2015).
    Final Rule: https://www.govinfo.gov/content/pkg/FR-2016-07-25/pdf/FR-2016-07-25.pdf#page=248 (81 FR 48558, July 25, 2016).

    Dated: April 16, 2020.
Barbara Carson,
Deputy Associate Administrator, Office of Government Contracting and 
Business Development.
[FR Doc. 2020-08475 Filed 4-27-20; 8:45 am]
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