[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.

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

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.
    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.
------------------------------------------------------------------------

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: [email protected].
    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:

------------------------------------------------------------------------
               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: 
[email protected].
    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:

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

    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

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: 
[email protected].
    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  .......................
------------------------------------------------------------------------

    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

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  .......................
------------------------------------------------------------------------

    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

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:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
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: 
[email protected].
    RIN: 3245-AH09

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:

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

    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

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: 
[email protected].
    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
------------------------------------------------------------------------

    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: 
[email protected].
    RIN: 3245-AH20

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

    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: 
[email protected].
    RIN: 3245-AH21

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

    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-AH26

[[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: 
[email protected].
    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: [email protected].
    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
------------------------------------------------------------------------

    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)

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:

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               Reason                    Date            FR Cite
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Final Rule..........................   11/29/19  84 FR 65647
Final Rule Effective................   12/30/19
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Khem Raj Sharma, Phone: 202 205-7189, Fax: 202 205-
6390, Email: [email protected].
    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:

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               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: [email protected].
    RIN: 3245-AH16

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