Federal Register, Volume 85 Issue 166 (Wednesday, August 26, 2020)

[Federal Register Volume 85, Number 166 (Wednesday, August 26, 2020)]
[Proposed Rules]
[Pages 52783-52789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17081]

[[Page 52783]]

Vol. 85

Wednesday,

No. 166

August 26, 2020

Part XX

Small Business Administration

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Semiannual Regulatory Agenda

Federal Register / Vol. 85, No. 166 / Wednesday, August 26, 2020 /
UA: Reg Flex Agenda

[[Page 52784]]

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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.

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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, imelda.kish@sba.gov.

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.
The RFA also requires that SBA periodically initiate a review of
its rules under Section 610 to determine whether certain rules should
be continued without change, or should be amended or rescinded, to
minimize adverse economic impacts on small entities. SBA is currently
engaged in this process and is soliciting public comments via Federal
Register Notice.
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 that affected parties believe impose unnecessary
burdens or costs that exceed their benefits, eliminate jobs or inhibit
job creation, or are ineffective or outdated.

Jovita Carranza,
Administrator.

Small Business Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
212....................... Small Business Development 3245-AE05
Center Program Revisions.
213....................... Small Business Size 3245-AG16
Standards; Alternative
Size Standard for 7(a),
504, and Disaster Loan
Programs.
214....................... Small Business Size 3245-AG88
Standards: Educational
Services; Health Care and
Social Assistance; Arts,
Entertainment and
Recreation; Accommodation
and Food Services; Other
Services.
215....................... Small Business Size 3245-AG89
Standards: Agriculture,
Forestry, Fishing and
Hunting; Mining,
Quarrying, and Oil and
Gas Extraction;
Utilities; Construction.
216....................... Small Business Size 3245-AG90
Standards: Transportation
and Warehousing;
Information; Finance and
Insurance; Real Estate
and Rental and Leasing.
217....................... Small Business Size 3245-AG91
Standards: Professional,
Scientific and Technical
Services; Management of
Companies and
Enterprises;
Administrative and
Support, Waste Management
and Remediation Services.
218....................... Small Business Size 3245-AH09
Standards: Manufacturing
and Industries With
Employee Based Size
Standards in Other
Sectors Except Wholesale
Trade and Retail Trade.
219....................... Small Business Size 3245-AH10
Standards: Wholesale
Trade and Retail Trade.
220....................... 8(a) Business Development 3245-AH19
(Section 610 Review).
221....................... Government Contracting 3245-AH20
Programs (Section 610
Review).
222....................... HUBZone Program (Section 3245-AH21
610 Review).
223....................... Small Business Size 3245-AH26
Standards: Calculation of
Average Annual Receipts
in Business Loan,
Disaster Loan, and Small
Business Investment
Company Programs.
224....................... National Defense 3245-AH28
Authorization Act of
2020, Credit for Lower
Tier Subcontracting and
Other Amendments.
------------------------------------------------------------------------

Small Business Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
225....................... Small Business Timber Set- 3245-AG69
Aside Program.
226....................... Small Business Size 3245-AH17
Standards: Adjustment of
Monetary Based Size
Standards for Inflation.
------------------------------------------------------------------------

Small Business Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
227....................... National Defense 3245-AG86
Authorization Acts of
2016 and 2017, RISE After
Disaster Act of 2015, and
Other Small Business
Government Contracting
Amendments.

[[Page 52785]]

228....................... Small Business Size 3245-AH16
Standards: Calculation of
Annual Average Receipts.
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SMALL BUSINESS ADMINISTRATION (SBA)

Proposed Rule Stage

212. Small Business Development Center Program Revisions

E.O. 13771 Designation: Deregulatory.
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................................ 12/00/20 .......................
------------------------------------------------------------------------

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: rachel.newman-karton@sba.gov.
RIN: 3245-AE05

213. 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:

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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: 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:
khem.sharma@sba.gov.
RIN: 3245-AG16

214. 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:

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Action Date FR Cite
------------------------------------------------------------------------
NPRM........................... 10/00/20.......... ...................
------------------------------------------------------------------------

215. 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................................ 07/00/20 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.

[[Page 52786]]

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:
khem.sharma@sba.gov.
RIN: 3245-AG89

216. 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................................ 08/00/20 .......................
------------------------------------------------------------------------

217. 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................................ 09/00/20 .......................
------------------------------------------------------------------------

218. 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:

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Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/20 .......................
------------------------------------------------------------------------

219. 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:

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Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/21 .......................
------------------------------------------------------------------------

220. 8(a) Business Development (Section 610 Review)

E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 637
Abstract: Under part 124, 8(a) Business Development/Small
Disadvantaged Business Status Determinations, SBA has promulgated
several rules that the Agency certified would have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act. These rules established
eligibility requirements for participation in the 8(a) programs and
application, certification, and protest procedures, among other things.
SBA is now initiating a review of these rules under section 610 of the
Regulatory

[[Page 52787]]

Flexibility Act to determine if the rules 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 http://www.regulations.gov/ referring
to RIN 3245-AH19.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Begin Review........................ 04/28/20 85 FR 23487
Comment Period End.................. 07/27/20
End Review.......................... 10/00/20
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.
Agency Contact: Brenda J. Fernandez, Analyst, Office of Policy,
Planning and Liasion, Small Business Administration, 409 Third Street
SW, Washington, DC 20416, Phone: 202 205-7337, Email:
brenda.fernandez@sba.gov.
RIN: 3245-AH19

221. 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: Under part 125, Government Contracting Programs, SBA has
promulgated several rules that the Agency certified would have a
significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act. These rules
established requirements for participation in SBA's government
contracting programs, contracting provisions, and protest procedures,
among other things. SBA is now initiating a review of these rules under
section 610 of the Regulatory Flexibility Act to determine if the rules
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.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Begin Review........................ 04/28/20 85 FR 23487
Comment Period End.................. 07/27/20
End Review.......................... 10/00/20
------------------------------------------------------------------------

222. 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: Under part 126, HUBZone Program, SBA has promulgated
several rules that the Agency certified would have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act. 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. SBA is
now initiating a review of these rules under section 610 of the
Regulatory Flexibility Act to determine if the rules 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
http://www.regulations.gov/ referring to RIN 3245-AH21.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Begin Review........................ 04/28/20 85 FR 23487
Comment Period End.................. 07/27/20
End Review.......................... 10/00/20
------------------------------------------------------------------------

223. Small Business Size Standards: Calculation of Average
Annual Receipts in Business Loan, Disaster Loan, and Small Business
Investment Company Programs

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 15 U.S.C. 632(a)(2); Pub. L. 115-324
Abstract: The Small Business Runway Extension Act, Public Law 115-
324, amended the Small Business Act to provide for calculation of
average annual receipts using a 5-year average, rather than the prior
3-year average, in defined circumstances. For firms subject to SBA's
receipt-based size standards (generally, service-industry,
construction, and agricultural firms), a lengthened averaging period
permits firms with increasing revenues to stay eligible for small
business benefits for longer. In RIN 3245-AH16, SBA implemented the
Small Business Runway Extension Act in programs other than SBA's loan
programs--including SBA's procurement programs--and SBA issued its
final rule in that first rulemaking on December 5, 2019 (84 FR 66561).
This second rulemaking would consider how to address the Small Business
Runway Extension Act in SBA's business loan, disaster loan, and SBIC
programs.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/20
------------------------------------------------------------------------

[[Page 52788]]

224. National Defense Authorization Act of 2020, Credit for
Lower Tier Subcontracting and Other Amendments

E.O. 13771 Designation: Other.
Legal Authority: Pub. L. 116-92
Abstract: Section 870 of the National Defense Authorization Act of
2020 (NDAA 2020) made a change that will require SBA to amend its
regulations. Specifically, the language of NDAA 2020 requires SBA to
alter the method and means of accounting for lower tier small business
subcontracting. This proposed rule may also contain several smaller
changes that might be necessary to implement this provision and other
provisions in NDAA 2020.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/20
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brenda J. Fernandez, Analyst, Office of Policy,
Planning and Liasion, Small Business Administration, 409 Third Street
SW, Washington, DC 20416, Phone: 202 205-7337, Email:
brenda.fernandez@sba.gov.
RIN: 3245-AH28

SMALL BUSINESS ADMINISTRATION (SBA)

Final Rule Stage

225. 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.......................... 08/00/20
------------------------------------------------------------------------

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: 202 431-0472, Email: david.loines@sba.gov.
RIN: 3245-AG69

226. 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 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........................ 06/00/20
------------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION (SBA)

Completed Actions

227. 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 (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 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.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 11/29/19 84 FR 65647
Final Rule Effective................ 12/30/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Khem Raj Sharma, Phone: 202 205-7189, Fax: 202 205-
6390, Email: khem.sharma@sba.gov.
RIN: 3245-AG86

[[Page 52789]]

228. 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.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 12/05/19 84 FR 66561
Final Rule Effective................ 01/06/20
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Khem Raj Sharma, Phone: 202 205-7189, Fax: 202 205-
6390, Email: khem.sharma@sba.gov.
RIN: 3245-AH16

[FR Doc. 2020-17081 Filed 8-25-20; 8:45 am]
BILLING CODE 8026-03-P