[Unified Agenda of Federal Regulatory and Deregulatory Actions]
[Small Business Administration Semiannual Regulatory Agenda]
[From the U.S. Government Printing Office, www.gpo.gov]


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Part XLII





Small Business Administration





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Semiannual Regulatory Agenda

[[Page 23492]]



SMALL BUSINESS ADMINISTRATION (SBA)






_______________________________________________________________________

SMALL BUSINESS ADMINISTRATION

13 CFR Ch. I

Semiannual Regulatory Agenda

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

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: The Regulatory Flexibility Act (RFA) and Executive Order 12866 
require each agency to publish semiannually a regulatory agenda 
(agenda) that includes an inventory of all current and projected 
rulemakings, including regulations SBA expects to develop during the 
next 12 months and regulations completed since the last publication of 
the Agency's agenda. SBA is publishing this agenda to provide the 
public with notice about SBA's regulatory activities and to provide 
specific information about those activities. This information will 
promote the public's participation in SBA's regulatory activities.

FOR FURTHER INFORMATION CONTACT: For additional information about 
specific regulatory actions listed in the agenda, you should direct 
your comments and inquiries to the appropriate agency contact 
identified in each entry. For general information about the agenda, you 
should direct your comments and inquiries to Martin ``Sparky'' Conrey, 
Assistant General Counsel for Legislation and Appropriations, U.S. 
Small Business Administration, 409 Third Street SW., Washington, DC 
20416, (202) 619-0638, [email protected].

SUPPLEMENTARY INFORMATION: This agenda announces the proposed 
regulatory actions that SBA plans for the next 12 months, those that 
were completed since the fall 2005 edition of the Agenda, and those 
existing regulations under review, as required by the RFA and Executive 
Order 12866. As permitted by law, SBA is combining the publication of 
its agendas required by statute and Executive order and conforming them 
to the Unified Agenda of Federal Regulatory and Deregulatory Actions 
format developed by the Regulatory Information Service Center.

     Each rulemaking action in SBA's agenda is grouped according to 
its stage of development. The stages of development are pre-
rulemaking, proposed rules, final rules, and rulemaking actions 
completed since the fall 2005 agenda. The purpose of the agenda is 
to provide information to the public on regulations currently under 
review, being proposed, completed, or withdrawn by SBA. The agenda 
is intended to facilitate comments and views by interested members 
of the public. SBA encourages public participation through 
www.regulations.gov by placing SBA rules on that website and 
encouraging the public to submit comments through that medium. SBA 
also provides a link from www.sba.gov to the website.

     Publication of proposed rulemaking actions in the agenda does 
not impose any obligation on SBA to take any final action with 
regard to any specific item. Furthermore, SBA is not precluded from 
rulemaking activities that are not listed in this agenda. The dates 
listed in the timetables for specific actions are estimates and not 
commitments to act on or by the particular date. SBA's regulations 
promote statutory mandates and Presidential directives linked to 
SBA's goals to improve the economic environment for small business, 
increase small business success by bridging competitive opportunity 
gaps, restore homes and businesses affected by disaster, and to 
operate and manage SBA's programs and resources efficiently and 
effectively.

 Hector V. Barreto,

Administrator.

                               Small Business Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
3514        Small Business Development Centers (SBDC) Program Revisions...........................    3245-AE05
3515        Small Business Lending Company and Lender Oversight Regulations.......................    3245-AE14
3516        Small Business Investment Companies--Maximum Leverage Eligibility.....................    3245-AE79
3517        HUBZone Empowerment Contracting Program...............................................    3245-AF13
3518        Economic Injury Disaster Loans (EIDL).................................................    3245-AF14
3519        Testimony and Production of Records; Office of Inspector General and Office of General    3245-AF18
            Counsel...............................................................................
3520        Record Disclosure and Privacy/Subparts B and C--The Privacy Act.......................    3245-AF20
3521        Small Business Size Standards; Selected Size Standards Issues.........................    3245-AF22
3522        Premier Certified Lenders Program Proposed Rule.......................................    3245-AF23
3523        Small Business Size Standards; Nonmanufacturer Size Standard..........................    3245-AF27
3524        Small Business Size Standards; Support Activities for Air Transportation..............    3245-AF29
3525        Small Business Size Standards; Mapping Services.......................................    3245-AF30
3526        Amendments to the Surety Bond Guarantee Program Regulations...........................    3245-AF39
3527        Women-Owned Small Business Federal Contract Assistance Program........................    3245-AF40
3528        Definition of ``Employee'' for Purposes of the HUBZone Program........................    3245-AF44
3529        Small Business Technology Transfer (STTR) Policy Directive............................    3245-AF45
3530        Disaster Relief to SBCs Damaged by Drought............................................    3245-AF46
3531        Lender Examination and Review Fees in SBA's 7(a) Program..............................    3245-AF49
3532        8(a) Business Development/Small Disadvantaged Business Status Determinations..........    3245-AF53
----------------------------------------------------------------------------------------------------------------


[[Page 23493]]


                                 Small Business Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
3533        Small Business Size Standards; Surety Bond Guarantee Program..........................    3245-AE81
3534        Business Loans and Development Company Loans; Liquidation and Litigation Procedures...    3245-AE83
3535        Size for Purposes of the Multiple Award Schedule and Other Multiple Award Contracts;      3245-AF06
            Small Business Size Regulations; 8(a) Business Development/Small Disadvantaged
            Business Status Determinations........................................................
3536        8(a) Business Development/Small Disadvantaged Business Status Determinations..........    3245-AF17
3537        Small Business Innovation Research (SBIR) Policy Directive............................    3245-AF21
3538        Rules of Procedure Governing Cases Before the Office of Hearings and Appeals Arising      3245-AF25
            From the Service-Disabled Veteran-Owned, Small Business Concern Program...............
3539        Small Business Size Standards; Security Guards and Patrol Services....................    3245-AF28
3540        Amendments to the HUBZone Program.....................................................    3245-AF31
3541        Small Business Size Standards; Inflation Adjustment...................................    3245-AF41
3542        Amendments to the Disaster Loan Program...............................................    3245-AF42
3543        Small Business Size Standards--Exclusion of Certain Security Expenses From                3245-AF50
            Consideration for Purposes of Small Business Size Standards...........................
----------------------------------------------------------------------------------------------------------------


                                Small Business Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
3544        Small Business Technology Transfer Program Policy Directive...........................    3245-AE96
3545        Amendment to SBA's Regulations Regarding Administrative Offset........................    3245-AF19
3546        Small Business Size Regulations (Completion of a Section 610 Review)..................    3245-AF32
3547        8(a) Business Development/Small Disadvantaged Business Status Determinations              3245-AF33
            (Completion of a Section 610 Review)..................................................
3548        Government Contracting Programs (Completion of a Section 610 Review)..................    3245-AF34
3549        HUBZone Program (Completion of a Section 610 Review)..................................    3245-AF35
3550        Cosponsorships, Fee- and Non-Fee-Based, SBA-Sponsored Activities and Gifts............    3245-AF37
3551        Small Business Size Standards, Gulf Opportunity Pilot Loan Program....................    3245-AF43
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Small Business Administration (SBA)                 Proposed Rule Stage






_______________________________________________________________________




3514. SMALL BUSINESS DEVELOPMENT CENTERS (SBDC) PROGRAM REVISIONS

Priority: Other Significant

Legal Authority: 15 USC 634(b)(6); 15 USC 648

CFR Citation: 13 CFR 130

Legal Deadline: None

Abstract: This rule would propose amendments to SBA's SBDC program 
regulations for the purpose of conforming the regulations to existing 
statutory requirements. This rule would amend: (1) Procedures for 
approving and funding of SBDCs; (2) approval procedures for travel 
outside the continental U.S. and U.S. territories; (3) procedures and 
requirements regarding findings and disputes resulting from financial 
exams, programmatic reviews, accreditation reviews, and other SBA 
oversight activities; (4) requirements for new and renewal applications 
for SBDC awards, including the requirements for electronic submission 
through the approved electronic Government submission facility; and (5) 
provisions regarding the collection and use of individual SBDC client 
data.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/06

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses

Government Levels Affected: None

Agency Contact: Antonio Doss, Associate Administrator/OSBDC, Small 
Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6766
Email: [email protected]

RIN: 3245-AE05
_______________________________________________________________________




3515. SMALL BUSINESS LENDING COMPANY AND LENDER OVERSIGHT REGULATIONS

Priority: Other Significant

Legal Authority: 15 USC 650

CFR Citation: 13 CFR 120

Legal Deadline: None

Abstract: This rule would implement the Small Business Administration's 
(SBA) statutory authority under the Small Business Reauthorization and 
Manufacturing Assistance Act of 2004 (Reauthorization Act) to regulate 
Small Business Lending Companies (SBLCS) and non-federally regulated 
lenders (NFRLs). It also would conform SBA

[[Page 23494]]

rules to various changes in the Section 7(a) Business Loan Program and 
the Certified Development Company (CDC) Program enacted by the 
Reauthorization Act.
In particular, this rule would: (1) Define SBLCs and NFRLs; (2) clarify 
SBA's authority to regulate SBLCs and NFRLs; (3) authorize SBA to set 
minimum capital standards for SBLCs, to issue cease and desist orders, 
and revoke or suspend lending authority of SBLCs and NFRLs; (4) 
establish the Bureau of Premier Certified Lender Program Oversight in 
the Office of Lender Oversight; (5) transfer existing SBA enforcement 
authority over CDCs from the Office of Financial Assistance to the 
Office of Lender Oversight; and (6) define SBA's enforcement 
authorities relative to all SBA lenders participating in the 7(a) and 
CDC programs and intermediaries in the Microloan program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/06

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected:  Businesses

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Bryan Hooper, Assistant Administrator, Office Of Lender 
Oversight, Small Business Administration, 409 3rd Street SW, 
Washington, DC 20416
Phone: 202 205-6657
Fax: 202 205-7230
Email: [email protected]

RIN: 3245-AE14
_______________________________________________________________________




3516. SMALL BUSINESS INVESTMENT COMPANIES--MAXIMUM LEVERAGE ELIGIBILITY

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 662; 15 USC 681 et seq; 15 USC 683; 15 USC 
687(c); 15 USC 687b; 15 USC 687d; 15 USC 687g; 15 USC 687m

CFR Citation: 13 CFR 107

Legal Deadline: None

Abstract: This rule would implement a provision of the New Markets 
Venture Capital Program Act of 2000 that makes small business 
investment companies eligible for additional Government leverage based 
on their investments in low-income areas.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Jaime Guzman-Fournier, Associate Administrator for 
Investment, Small Business Administration, 409 3rd Street SW, Suite 
6300, Washington, DC 20416
Phone: 202 205-7583
Email: [email protected]

RIN: 3245-AE79
_______________________________________________________________________




3517. HUBZONE EMPOWERMENT CONTRACTING PROGRAM

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 657a

CFR Citation: 13 CFR 126

Legal Deadline: None

Abstract: SBA published an Advance Notice of Proposed Rulemaking 
(ANPRM) requesting comments regarding the HUBZone Program and 
agricultural commodities purchased by the U.S. Department of 
Agriculture (USDA). According to the Small Business Act, in the case of 
a contract for the procurement by the USDA of agricultural commodities, 
a qualified HUBZone small business concern may not purchase the 
commodity from a subcontractor if the subcontractor will supply the 
commodity in substantially the final form in which it is to be supplied 
to the Government. SBA sought comments on how to define ``substantially 
the final form'' with respect to this statutory requirement. 
Additionally, SBA sought comments on the implementation of a statutory 
provision regarding HUBZone set-asides and the definition of 
``employee.'' SBA is reviewing comments received on or before the 
deadline specified in the ANPRM and deliberating policy internally to 
support a proposed rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           05/13/04                    69 FR 26511
ANPRM Comment Period End        07/12/04
NPRM                            08/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Michael P. McHale, Associate Administrator for HUBZone 
Program, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-6731
Email: [email protected]

RIN: 3245-AF13
_______________________________________________________________________




3518. ECONOMIC INJURY DISASTER LOANS (EIDL)

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 15 USC 634(b)(6); 15 USC 636(b); 15 USC 636(c); 15 USC 
636(f); PL 102-395, 106 Stat 1828; PL 103-75, 107 Stat 739

CFR Citation: 13 CFR 123

Legal Deadline: None

Abstract: This rule would conform SBA's regulations governing economic 
injury disaster loans (EIDL) to the regulations governing physical 
injury disaster loans. Specifically, this rule would ensure that when a 
small business entity is engaged in both agricultural and non-
agricultural business ventures, SBA can provide EIDLs to the non-
agricultural business when it has been hurt economically by fires, 
floods, or other disasters. A similar rule is in effect for physical 
disaster loans (13 CFR 123.001(b)).For example, if the total business 
operation is comprised of a retail store on a ranch, and the retail 
store is financially harmed by a fire, the retail store would be 
eligible for EIDL assistance (assuming that it meets other 
requirements) under the proposed rule, even if the ranching portion of 
the business generated more revenue than the retail store. SBA is 
conforming these regulations because the Agency has determined that 
distinguishing between EIDLs and physical disaster loans in this regard 
is not justified.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Cheri L. Cannon, Deputy Associate Administrator for

[[Page 23495]]

Office of Disaster Assistance, Small Business Administration, 409 Third 
Street SW, Washington, DC 20416
Phone: 202 205-6734
Email: [email protected]

RIN: 3245-AF14
_______________________________________________________________________




3519. TESTIMONY AND PRODUCTION OF RECORDS; OFFICE OF INSPECTOR GENERAL 
AND OFFICE OF GENERAL COUNSEL

Priority: Info./Admin./Other

Legal Authority: Not Yet Determined

CFR Citation: None

Legal Deadline: None

Abstract: This proposed rule would revise the procedures applicable to 
SBA's response to a subpoena seeking testimony or evidence in 
proceedings where SBA or the United States is not a party. The purpose 
of this revision is to help conserve SBA resources, minimize agency 
involvement in matters unrelated to its mission and programs, and avoid 
needless and potentially costly involvement in litigation to which SBA 
or the United States is not a party.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Sadie Lowe, Assistant Counsel to the Inspector General, 
Office of Inspector General, Counsel Division, Small Business 
Administration, 409 3rd Street SW, Washington, DC 20416
Phone: 202 205-7200
Fax: 202-205-7127
Email: [email protected]

Andrea L. Mayer, Trial Attorney, Small Business Administration, 409 
Third Street SW, Washington, DC 20416
Phone: 202 205-6876
Fax: 202 205-7154
Email: [email protected]

RIN: 3245-AF18
_______________________________________________________________________




3520. RECORD DISCLOSURE AND PRIVACY/SUBPARTS B AND C--THE PRIVACY ACT

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 552a

CFR Citation: 13 CFR 102

Legal Deadline: None

Abstract: This proposed rule brings the SBA regulations implementing 
the Privacy Act of 1974 into compliance with the information privacy 
requirements of the E-Government Act of 2002. This rule is proposed to 
ensure the security and confidentiality of records and to protect 
against hazard to their integrity. Subpart B addresses the protection 
of privacy and access to individual records under the Privacy Act and 
includes procedures for record access appeals, amendments, accounting 
of disclosures and record preservation. Subpart C describes SBA's 
process for compliance with the privacy provisions and the Privacy 
Impact Assessment requirement of the E-Government Act of 2002. It also 
addresses the Privacy Act responsibilities of SBA employees and 
contractors who develop and manage information technology systems, 
Privacy Act systems of records, computer matching, standards of conduct 
for Agency employees, training and reporting requirements pursuant to 
Privacy Act guidelines and the Office of Management and Budget (OMB) 
guidance.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Lisa Babcock, Chief, Freedom of Information Act Office, 
Small Business Administration, 409 Third Street SW, Washington, DC 
20416
Phone: 202 401-8200
Fax: 202 205-7059
Email: [email protected]

RIN: 3245-AF20
_______________________________________________________________________




3521. SMALL BUSINESS SIZE STANDARDS; SELECTED SIZE STANDARDS ISSUES

Priority: Other Significant

Legal Authority: 15 USC 632 (a); 15 USC 634 (b)(6); 15 USC 637 (a); 15 
USC 644 (c)

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: SBA published an Advanced Notice of Proposed Rulemaking 
(ANPRM) seeking public comment on a number of issues pertaining to 
SBA's size standards, such as areas to simplify size standards and 
alternative calculations of the employment size of businesses (69 FR 
70197). The ANPRM also sought comment on the participation in the Small 
Business Innovation Research Program by businesses that are majority-
owned by venture capital companies (VCC). Specifically, SBA sought 
comment on whether the Agency should provide an exclusion from 
affiliation with VCCs in determining small business eligibility for 
this program. In summer 2005, SBA held public hearings on issues 
identified in the ANPRM and issues raised by public comments on it. SBA 
is considering public comments as it deliberates internally on options 
for simplifying and restructuring size standards.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/03/04                    69 FR 70197
ANPRM Comment Period Extended   01/19/05                     70 FR 2976
ANPRM Comment Period End        04/03/05
NPRM                            12/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Gary M. Jackson, Assistant Administrator/Size 
Standards, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-6618
Fax: 202 205-6390
Email: [email protected]

RIN: 3245-AF22
_______________________________________________________________________




3522. PREMIER CERTIFIED LENDERS PROGRAM PROPOSED RULE

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: PL 108-232

CFR Citation: 13 CFR 120

Legal Deadline: Final, Statutory, July 12, 2004, PCLP Improvement Act 
of 2003, enacted 5/28/2004, requires publication of rule.

Abstract: SBA proposes to amend its Premier Certified Lenders Program

[[Page 23496]]

(PCLP) in accordance with recent statutory amendments to the PCLP. 
Certified Development Companies (CDCs) participating in the PCLP 
receive increased authority in connection with making and servicing 
loans made under SBA's Development Company Loan Program (``504 
loans''). One PCLP requirement relates to a loan loss reserve fund 
(``LLRF''), which a CDC participating in the PCLP (``PCLP CDC'') must 
maintain to cover losses it may incur in connection with 504 loans made 
under the PCLP (``PCLP loans''). Recent statutory changes to the PCLP 
have amended PCLP LLRF requirements, most significantly by establishing 
an alternative set of PCLP LLRF requirements (``Alternative LLRF 
Requirements'') and authorizing certain qualified PCLP CDCs to elect to 
meet the Alternative LLRF Requirements in lieu of the existing LLRF 
requirements that would otherwise be applicable. These statutory 
amendments have been introduced as ``pilot'' programs, which are 
initially scheduled to last approximately 2 years. (All PCLP CDCs will 
still be required to meet existing LLRF requirements unless it is 
qualified to elect to meet the Alternative LLRF Requirements and 
properly makes that election and satisfies the alternative 
requirements.) The proposed regulations would implement the statutory 
amendments to the PCLP LLRF requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/06

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Charles Thomas, Director, Program Development, Small 
Business Administration, 409 Third Street SW, 8th Floor, Washington, DC 
20416
Phone: 202 205-6656
Email: [email protected]

RIN: 3245-AF23
_______________________________________________________________________




3523. SMALL BUSINESS SIZE STANDARDS; NONMANUFACTURER SIZE STANDARD

Priority: Other Significant

Legal Authority: 15 USC 632(a)

CFR Citation: 13 CFR 121

Legal Deadline: None

Abstract: This rule would propose revising the 500 employee small 
business size standard applicable to nonmanufacturers supplying 
manufactured products to the Federal Government (see 13 CFR 121.406 
(b)). The proposed revision would address concerns that the current 
size standard adversely affects Federal contracting opportunities for 
small businesses and that businesses no longer disadvantaged due to 
size benefit from the size standard.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Gary M. Jackson, Assistant Administrator/Size 
Standards, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-6618
Fax: 202 205-6390
Email: [email protected]

RIN: 3245-AF27
_______________________________________________________________________




3524. SMALL BUSINESS SIZE STANDARDS; SUPPORT ACTIVITIES FOR AIR 
TRANSPORTATION

Priority: Other Significant

Legal Authority: 15 USC 632(a)

CFR Citation: 13 CFR 121

Legal Deadline: None

Abstract: This rule would propose revising the $6.5 million small 
business size standard applicable to airport operations and other 
support activities for air transportation. An internal review conducted 
by SBA suggests that the size standard does not reflect the structural 
characteristics of firms in this industry.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Sectors Affected: 488111 Air Traffic Control; 488119 Other Airport 
Operations; 48819 Other Support Activities for Air Transportation

Agency Contact: Gary M. Jackson, Assistant Administrator/Size 
Standards, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-6618
Fax: 202 205-6390
Email: [email protected]

RIN: 3245-AF29
_______________________________________________________________________




3525. SMALL BUSINESS SIZE STANDARDS; MAPPING SERVICES

Priority: Other Significant

Legal Authority: 15 USC 632(a)

CFR Citation: 13 CFR 121

Legal Deadline: None

Abstract: This rule would propose establishing a separate small 
business size standard for mapping services, which is currently 
included in surveying and mapping industry. SBA has received requests 
from mapping firms to consider establishing a separate size standard. 
Our preliminary analysis suggests that mapping firms have significantly 
different characteristics than surveying firms.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Sectors Affected: 54136 Geophysical Surveying and Mapping Services; 
54137 Surveying and Mapping (except Geophysical) Services

Agency Contact: Gary M. Jackson, Assistant Administrator/Size 
Standards, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-6618
Fax: 202 205-6390
Email: [email protected]

RIN: 3245-AF30
_______________________________________________________________________




3526. AMENDMENTS TO THE SURETY BOND GUARANTEE PROGRAM REGULATIONS

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 694b

CFR Citation: 13 CFR, 115.32

Legal Deadline: None

[[Page 23497]]

Abstract: SBA proposes to amend existing regulations to accomplish five 
objectives. First, SBA would increase its share of loss to 90 percent 
on bonds issued by Prior Approval Sureties after the effective date of 
the change for the benefit of small businesses owned and operated by 
veterans and service-disabled veterans. Second, SBA would impose a 45-
day deadline for the payment of certain fees owed by Prior Approval 
Sureties in lieu of the present 90-day grace period. In turn, SBA would 
obligate itself to pay refunds within 45 days. Third, SBA would no 
longer require prospective Preferred Surety Bond (PSB) Sureties to 
promise adherence to the suggested premiums promulgated by the Surety 
Association of America in August 1987; they may charge premiums at the 
highest rate authorized by applicable State law. This permission will 
be extended to current PSB Sureties. Fourth, regulatory references to 
the expiration of the PSB program will be deleted: The program was made 
permanent by Public Law 108-447. Finally, affiliates of PSB Sureties 
will allowed to participate in the Prior Approval Surety program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Frank Lalumiere, Associate Administrator, Office of 
Surety Guarantees, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-6540
Email: [email protected]

RIN: 3245-AF39
_______________________________________________________________________




3527. WOMEN-OWNED SMALL BUSINESS FEDERAL CONTRACT ASSISTANCE PROGRAM

Priority: Other Significant

Legal Authority: 15 USC 637(m); 15 USC 637(d)

CFR Citation: 13 CFR 125

Legal Deadline: None

Abstract: SBA proposes to establish regulations to implement the Women-
Owned Small Business Federal Contract Assistance Program, authorized 
under section 8(m) of the Small Business Act. Section 8(m) was enacted 
as part of Public Law 106-554 to provide a targeted procurement 
mechanism to assist Federal agencies in achieving the statutory goal of 
5 percent for contracting with women-owned small businesses (WOSBs). In 
accordance with section 8(m), the new regulations would authorize 
contracting officers to restrict competition to eligible WOSBs for 
certain Federal contracts in industries in which SBA has determined 
that WOSBs are underrepresented or substantially underrepresented in 
Federal procurement. Also consistent with section 8(m), the authority 
to restrict competition would be limited to contracts not exceeding $3 
million, or $5 million in the case of manufacturing contracts. In 
implementing section 8(m) the proposed regulations would further 
provide the specific eligibility requirements for WOSBs to qualify for 
program participation; the procedures for concerns to certify their 
eligibility; the process for SBA to verify the continuing eligibility 
of WOSBs; the contractual and business development assistance available 
under the program; the relevant protest and appeal procedures; and the 
applicable penalties.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Agency Contact: Linda K. Waters, Procurement Analyst, Small Business 
Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-7315
Fax: 202 205-4145
Email: [email protected]

RIN: 3245-AF40
_______________________________________________________________________




3528.  DEFINITION OF ``EMPLOYEE'' FOR PURPOSES OF THE 
HUBZONE PROGRAM

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 15 USC 657 (a)

CFR Citation: 13 CFR 126

Legal Deadline: None

Abstract: The purpose of this proposed rule is to amend the definition 
of ``employee'' under 13 CFR 126.103. The definition of ``employee'' in 
part 126 is relevant to SBA's determination of whether a concern is 
eligible for certification as a HUBZone small business concern. On May 
13, 2004, SBA issued an Advance Notice of Proposed Rulemaking 
requesting comments on, among other things, specific issues related to 
the definition of ``employee,'' including the status of part-time, 
leased, and temporary employees, and the use of the term ``full-time 
equivalent'' in the definition of ``employee.'' After careful 
consideration of the comments received, SBA has decided to amend the 
definition of ``employee'' to reflect current business operations, 
market conditions, and personnel practices within the small business 
community.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Federal

Additional Information: Draft Text revising the HubZone use of the term 
`employee' is now under review within the Agency. Publication of this 
revision will occur once this internal review is completed.

Agency Contact: Michael P. McHale, Associate Administrator for HUBZone 
Program, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-6731
Email: [email protected]

RIN: 3245-AF44
_______________________________________________________________________




3529.  SMALL BUSINESS TECHNOLOGY TRANSFER (STTR) 
POLICY DIRECTIVE

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 15 USC 638 PL 107.50

CFR Citation: None

Legal Deadline: None

Abstract: SBA is proposing to add to its current STTR Policy Directive 
a section describing the purpose and intended effects of Executive 
Order (E.O.) 13329. SBA is proposing to add

[[Page 23498]]

provisions to define the term ``manufacturing-related research and 
development'' and to describe its four main areas: Unit process level 
technologies, machine level technologies, system level technologies, 
and environment or societal technologies. In accordance with the E.O. 
13329, SBA is also proposing to impose new requirements on Federal 
agencies participating in the STTR Program. Pursuant to these proposed 
amendments, Federal agencies would be required to: (1) Include specific 
statements relating to E.O. 13329 in program solicitations; (2) develop 
an Action Plan for implementing E.O. 13329, including adding 
information to the agency's website; and (3) report to SBA on the 
agency's efforts to implement E.O. 13329.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Edsel Brown, Assistant Administrator for Technology, 
Office of Government Contracting/Business Development, Small Business 
Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6450
Email: [email protected]

RIN: 3245-AF45
_______________________________________________________________________




3530.  DISASTER RELIEF TO SBCS DAMAGED BY DROUGHT

Priority: Other Significant

Legal Authority: 15 USC 634(b)(a), 636(b), 636(c)

CFR Citation: 13 CFR 123

Legal Deadline: Final, Statutory, February 20, 2006.
Implement the National Defense Authorization Act for fiscal year which 
requires the SBA to provide disaster loans for drought of low water 
conditions.

Abstract: This rule amends the definition of ``disaster'' in part 123 
to include drought, below average water levels in the Great Lakes, or 
on any body of water in the United States that supports commerce by 
small business concerns; limits the amount of appropriated funds SBA 
can use during each fiscal year for drought-related disaster loans; and 
requires SBA to respond in writing to a State Governor's request for 
disaster assistance not later than 30 days after receipt of the 
request.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Cheri C. Cannon, Deputy Assistant Administrator for 
Office of Disaster Assistance, Small Business Administration, 409 Third 
Street SW, Washington, DC 20416
Phone: 202 205-6734
Email: [email protected]

RIN: 3245-AF46
_______________________________________________________________________




3531.  LENDER EXAMINATION AND REVIEW FEES IN SBA'S 
7(A) PROGRAM

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: sec 131, Div K, PL 108-447

CFR Citation: 13 CFR 120

Legal Deadline: None

Abstract: The purpose of this action is to implement the fee authority 
that Congress recently granted SBA in section 11 of Division K of 
Public Law 108-447. SBA is authorized to require lenders that make 
loans under section 7 of the Small Business Act to pay fees to cover 
the Agency's cost of lender examinations and reviews and other lender 
oversight activities. Under the proposed rules, SBA would have the 
authority to assess fees to cover the costs of the following lender 
oversight activities: (1) On-site safety and soundness examinations of 
Small Business Lending Companies and non-federally regulated lenders 
(together ``SBA Supervised Lenders''); (2) on-site reviews of other 
7(a) lenders (which SBA intends at this time for such lenders with $10 
million or more in outstanding SBA guarantees); (3) off-site quarterly 
reviews of all lenders; and (4) other lender oversight activities.
SBA contracts with other financial services entities to assist in 
conducting the reviews and examinations. SBA's proposed assessment 
methodology will primarily cover the direct costs charged by these 
contractors.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Bryan Hooper, Assistant Administrator, Office Of Lender 
Oversight, Small Business Administration, 409 3rd Street SW, 
Washington, DC 20416
Phone: 202 205-6657
Fax: 202 205-7230
Email: [email protected]

RIN: 3245-AF49
_______________________________________________________________________




3532.  8(A) BUSINESS DEVELOPMENT/SMALL DISADVANTAGED 
BUSINESS STATUS DETERMINATIONS

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 15 USC 637 (b) (6), 636 (j), 637 (2), 637 (d)

CFR Citation: 13 CFR 124

Legal Deadline: None

Abstract: This proposed rule makes five specific changes to the 
regulations governing the 8(a) Business Development (8(a) BD) program. 
The proposed rule would: (1) Provide that sole source contracts to 
joint ventures between 8(a) concerns owned and controlled by Indian 
tribes or Alaska Native Corporations (ANCs) and other concerns are not 
included in the special exemption from the requirement that 8(a) 
contracts must be competed if they are valued at or above certain 
dollars thresholds; (2) implement statutory changes permitting Native 
Hawaiian Organizations (NHOs) to enter into sole source contracts with 
the Department of Defense (DOD) where such contract are in excess of 
the competitive threshold amounts; (3) amend SBA's regulations to 
provide more flexibility to the Agency in determining whether to admit 
a company for program participation where a family member of an 
individual claiming disadvantaged status for an applicant to the 8(a) 
program owns a concern already participating in the 8(a) program of a 
former participant; (4) amend SBA's

[[Page 23499]]

regulations to clarify how agencies can receive credit towards their 
8(a) prime contracting goals when placing orders under multiple award 
contracts; and (5) add certain words that were inadvertently omitted 
from section 124.105(h)(2) to clarify that principals of non-8(a) 
concern may not own more than certain prescribed percentages in current 
8(a) firms in the same or a similar line of business.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Sheila Thomas, Acting Associate Administrator for 
Business Development, Small Business Administration, 409 3rd Street SW, 
Washington, DC 20416
Phone: 202 205-5852
Email: [email protected]

RIN: 3245-AF53
_______________________________________________________________________


Small Business Administration (SBA)                    Final Rule Stage






_______________________________________________________________________




3533. SMALL BUSINESS SIZE STANDARDS; SURETY BOND GUARANTEE PROGRAM

Priority: Other Significant

Legal Authority: 15 USC 632(a)

CFR Citation: 13 CFR 121

Legal Deadline: None

Abstract: This interim final rule revised the size eligibility criteria 
for its Surety Bond Guarantee (SBG) Program for construction or service 
concerns performing contracts in the Presidentially declared disaster 
area resulting from the 2005 Hurricanes Katrina, Rita, or Wilma. This 
rule amended the SBG size standard for some concerns by requiring them 
to meet either the size standard for the primary industry in which it, 
together with its affiliates, is engaged, or the current $6.5 million 
standard for the SBG Program, whichever is higher.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              11/14/05                    70 FR 69048
Interim Final Rule Comment 
Period End                      12/14/05
Final Action                    07/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Gary M. Jackson, Assistant Administrator/Size 
Standards, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-6618
Fax: 202 205-6390
Email: [email protected]

RIN: 3245-AE81
_______________________________________________________________________




3534. BUSINESS LOANS AND DEVELOPMENT COMPANY LOANS; LIQUIDATION AND 
LITIGATION PROCEDURES

Priority: Other Significant

Legal Authority: 15 USC 634(b)(6); 15 USC 636(a); 15 USC 636(h); 15 USC 
697(a)(2); PL 106-554

CFR Citation: 13 CFR 120

Legal Deadline: Final, Statutory, May 21, 2001, Small Business 
Reauthorization Act of 2000, enacted 12/21/2000, requires publication 
of rule.

Abstract: This rule would implement statutory provisions authorizing 
SBA to delegate to qualified Certified Development Companies (CDCs) 
authority to conduct liquidation and debt collection litigation of 
loans that are funded with the proceeds of debentures guaranteed by the 
SBA under the 504 loan program. It also provides for new liquidation 
and debt collection litigation procedures for authorized CDCs and 
participating 7(a) lenders.
In particular, this rule would establish: (1) Procedures for CDCs to 
obtain delegated authority for such liquidation and litigation; (2) 
guidelines for CDCs exercising this authority; and (3) procedures for 
SBA's payment of legal fees and expenses to CDCs and Lenders; among 
other things. This rule would also require lenders to complete all 
cost-effective debt recovery actions prior to requesting guaranty 
purchase by SBA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/03/05                    70 FR 66800
NPRM Comment Period End         01/03/06
NPRM Comment Period Reopened    01/25/06                     71 FR 4062
NPRM Comment Period End         02/24/06
Final Action                    06/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Walter C. Intlekofer, Director, Portfolio Management 
Division, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-7543
Email: [email protected]

RIN: 3245-AE83
_______________________________________________________________________




3535. SIZE FOR PURPOSES OF THE MULTIPLE AWARD SCHEDULE AND OTHER 
MULTIPLE AWARD CONTRACTS; SMALL BUSINESS SIZE REGULATIONS; 8(A) BUSINESS 
DEVELOPMENT/SMALL DISADVANTAGED BUSINESS STATUS DETERMINATIONS

Priority: Other Significant

Legal Authority: 15 USC 632(a); 15 USC 634(b)(6)

CFR Citation: 13 CFR 121

Legal Deadline: None

Abstract: This rule would amend SBA's small business size regulations 
relating to the time at which size is determined for purposes of the 
General Services Administration's (GSA) Multiple Award Schedule (MAS) 
Program. Currently, SBA determines the size of a concern as of the date 
the concern submits a written self-certification that it is small to 
the procuring agency as part of its initial offer. However, this 
practice is problematic because multiple award contracts may have terms 
of 5, 10, or

[[Page 23500]]

20 years. Thus, over the contract's duration, the firm may grow and no 
longer qualify as a small business, yet still receive the same benefits 
under the contract reserved exclusively for small businesses. SBA 
proposes to address this situation with this rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/25/03                    68 FR 20350
NPRM Comment Period End         06/24/03
Final Action                    07/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Sheila Thomas, Acting Associate Administrator for 
Business Development, Small Business Administration, 409 Third Street 
SW, Washington, DC 20416
Phone: 202 205-6613
Email: [email protected]

RIN: 3245-AF06
_______________________________________________________________________




3536. 8(A) BUSINESS DEVELOPMENT/SMALL DISADVANTAGED BUSINESS STATUS 
DETERMINATIONS

Priority: Info./Admin./Other

Legal Authority: 15 USC 636; 15 USC 637

CFR Citation: 13 CFR 124

Legal Deadline: None

Abstract: The purpose of this direct final rule is to clarify SBA's 
requirements applicable to business concerns or individuals (acting on 
behalf of business concerns) applying for 8(a) Business Development 
(8(a) BD) Program participation or Small Disadvantaged Business (SDB) 
certification using paper applications or electronic applications via 
the Internet. SBA believes that a direct final rule is the appropriate 
rulemaking action because this rule implements a non-controversial, 
administrative change. This administrative change would facilitate the 
use of SBA's electronic application for the 8(a) BD Program and SDB 
certification, while providing the means for SBA to acquire validating 
documentation in support of the electronic application.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Sheila Thomas, Acting Associate Administrator for 
Business Development, Small Business Administration, 409 3rd Street SW, 
Washington, DC 20416
Phone: 202 205-5852
Email: [email protected]

RIN: 3245-AF17
_______________________________________________________________________




3537. SMALL BUSINESS INNOVATION RESEARCH (SBIR) POLICY DIRECTIVE

Priority: Other Significant

Legal Authority: 15 USC 638(j)(1)

CFR Citation: None

Legal Deadline: None

Abstract: SBA proposed amendments to the Small Business Innovation and 
Research (SBIR) Program Policy Directive. Those amendments reflected 
the requirements that Executive Order 13329 ``Encouraging Innovation in 
Manufacturing,'' February 24, 2004, imposed on SBA and Federal agencies 
participating in the SBIR Program (70 FR 28975). In accordance with the 
Executive order, SBA will issue guidelines on implementing the 
Executive order, including requiring participating agencies to: (1) 
Give high priority to SBIR projects that are focused on manufacturing-
related R&D in a manner consistent with their missions and the purpose 
of the SBIR program; (2) develop an action plan for implementing the 
order; and (3) report to SBA annually on these implementation plans.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Proposed Policy 
Directive                       05/19/05                    70 FR 28975
Comment Period End              06/20/05
Notice of Final Policy Directive09/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Edsel Brown, Assistant Administrator for Technology, 
Office of Government Contracting/Business Development, Small Business 
Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6450
Email: [email protected]

RIN: 3245-AF21
_______________________________________________________________________




3538. RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS 
AND APPEALS ARISING FROM THE SERVICE-DISABLED VETERAN-OWNED, SMALL 
BUSINESS CONCERN PROGRAM

Priority: Other Significant

Legal Authority: PL 108-183, sec 308

CFR Citation: 13 CFR 134

Legal Deadline: None

Abstract: On February 24, 2005, SBA published an interim final rule 
amending the interim final regulations issued on May 5, 2004, governing 
the Service-Disabled, Veteran-Owned (SDVO) Small Business Concern 
Program. This interim final rule clarified procedures for making an 
appeal to SBA's Office of Hearings and Appeals by specifying: (1) Who 
may appeal to OHA; (2) when an appeal petition must be filed; (3) the 
substantive requirements for an appeal petition; (4) the effect of an 
appeal on the procurement action at issue; among other things. SBA 
believes that the procedures established by this interim final rule 
provide the necessary due process to SDVO small business concerns and 
to parties who protest their status.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              02/24/05                     70 FR 8923
Interim Final Rule Comment 
Period End                      03/28/05
Final Action                    06/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Sheila Thomas, Acting Associate Administrator for 
Business Development, Small Business Administration, 409 Third Street 
SW, Washington, DC 20416
Phone: 202 205-6613

[[Page 23501]]

Email: [email protected]

Related RIN: Split from 3245-AF16
RIN: 3245-AF25
_______________________________________________________________________




3539. SMALL BUSINESS SIZE STANDARDS; SECURITY GUARDS AND PATROL SERVICES

Priority: Other Significant

Legal Authority: 15 USC 632(a)

CFR Citation: 13 CFR 121

Legal Deadline: None

Abstract: This rule revises the $11.5 million small business size 
standard for the security guards and patrol services industry (North 
American Industry Classification code 561612). SBA has received 
requests from the public to review this size standard because increased 
labor costs and trends in Federal contracting suggest that a revision 
to the size standard may be warranted.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/10/05                    70 FR 68368
NPRM Comment Period End         12/12/05
Final Action                    08/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Gary M. Jackson, Assistant Administrator/Size 
Standards, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-6618
Fax: 202 205-6390
Email: [email protected]

RIN: 3245-AF28
_______________________________________________________________________




3540. AMENDMENTS TO THE HUBZONE PROGRAM

Priority: Other Significant

Legal Authority: 15 USC 632 (p), 657a (b) (d)

CFR Citation: 13 CFR 126

Legal Deadline: None

Abstract: The interim final rule implements statutory amendments of the 
Small Business Reauthorization and Manufacturing Assistance Act of 
2004, subtitle E, HUBZone Program (Reauthorization Act), and make SBA 
regulations consistent with the changes in law.
The purpose of the HUBZone program is to provide Federal contracting 
assistance for qualified small business concerns (SBCs) located in 
historically underutilized business zones, or HUBZones, in an effort to 
promote economic development and employment opportunities in those 
areas. To receive SBA certification as a qualified HUBZone SBC under 
current SBA regulations, an SBC must show: i) It is exclusively owned 
and controlled by persons who are U.S. citizens; ii) it has a principal 
office in a HUBZone; iii) at least 35 percent of its employees reside 
in a HUBZone; and iv) the SBC must certify that it will attempt to 
maintain that percentage during performance of the HUBZone contract and 
that it will comply with certain performance requirements of the 
HUBZone contract. SBA designates areas as HUBZones using data from the 
U.S. Census Bureau and the Department of Labor in accordance with law.
Among other things, the Reauthorization Act amended eligibility 
requirements for SBC certification under the Small Business Act and 
made changes relating to HUBZone designations. These amendments became 
law on December 8, 2004, and took effect immediately upon enactment. 
Accordingly, this interim final rule revises 13 CFR part 126 to conform 
SBA regulations to various amendments under the Reauthorization Act. 
This interim final rule: (1) Authorizes HUBZone firms to be at least 51 
percent owned and controlled by U.S. citizens; (2) amends the 
definition of the term ``HUBZone small business concern'' to include 
small agricultural cooperatives organized and incorporated in the U.S.; 
(3) designates base closure areas that have undergone final closure as 
qualified HUBZones for a period of 5 years; (4) amends the definition 
of a ``qualified non-metropolitan county`` to allow for a comparison of 
the county's unemployment rate to either the Statewide average or the 
national average, whichever is less; and (5) extends the redesignation 
period for HUBZone areas through the release of the 2010 census data. 
This interim final rule amends the HUBZone price preference for 
agricultural commodities purchased for export operations through 
international food aid programs by providing a 5 percent evaluation 
preference on 20 percent of the contract.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/30/05                    70 FR 51243
Interim Final Rule Comment 
Period End                      10/31/05
Final Action                    08/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: Federal, Tribal

Additional Information: Comments received by the 10/31/2005 deadline 
resulted in the Agency proposing a revision to 126.607 to reflect a 
General Service Administration concern that the published rule was 
overly broad. Publication of the revision will follow internal SBA 
review of proposed text.

Agency Contact: Michael P. McHale, Associate Administrator for HUBZone 
Program, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-6731
Email: [email protected]

RIN: 3245-AF31
_______________________________________________________________________




3541. SMALL BUSINESS SIZE STANDARDS; INFLATION ADJUSTMENT

Priority: Other Significant

Legal Authority: 15 USC 632(a)

CFR Citation: 13 CFR 121

Legal Deadline: None

Abstract: SBA is adjusting its monetary based size standards (e.g., 
receipts, net income, net worth, and financial assets), for the effect 
of inflation that has occurred since the last inflation adjustment in 
February 2002. Since the last inflation adjustment, the general level 
of prices has increased 8.7 percent. This action restores small 
business eligibility to businesses that have lost that status due to 
inflation. In addition, this rule changes the process for determining 
the size of small business concerns applying for SBA Business Loans and 
Economic Injury Disaster Loans (EIDL) from a test considering only the 
primary industry of the applicant to a two-part test considering both 
the primary industry

[[Page 23502]]

of the applicant with affiliates. This rule also changes the date on 
which SBA determines size status for purpose of EIDL applications for 
businesses located in disaster areas declared as a result of Hurricanes 
Katrina, Rita, and Wilma.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              12/06/05                    70 FR 72577
Interim Final Rule Comment 
Period End                      01/05/06
Final Action                    06/00/06

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Gary M. Jackson, Assistant Administrator/Size 
Standards, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-6618
Fax: 202 205-6390
Email: [email protected]

RIN: 3245-AF41
_______________________________________________________________________




3542.  AMENDMENTS TO THE DISASTER LOAN PROGRAM

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 15 USC 634 (b) (6), 636 (b), 636 (c) and 636 (f)

CFR Citation: 13 CFR 101, 123

Legal Deadline: None

Abstract: SBA's Office of Disaster Assistance (ODA) is implementing a 
reorganization plan which realigns its employees and space to operate 
more efficiently to better serve its customers, the disaster victims. 
Part of the reorganization plan allows the Administrator to name and 
list five disaster centers, four of which involve program 
administration (e.g., field operations, customer service and loan 
processing) and the fifth which provides administrative support to the 
other disaster centers. In addition the SBA is implementing a fully 
web-enabled technology, which allows the ODA to process disaster loans 
anywhere at any time.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               05/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Cheri L. Cannon, Deputy Associate Administrator for 
Office of Disaster Assistance, Small Business Administration, 409 Third 
Street SW, Washington, DC 20416
Phone: 202 205-6734
Email: [email protected]

RIN: 3245-AF42
_______________________________________________________________________




3543.  SMALL BUSINESS SIZE STANDARDS--EXCLUSION OF 
CERTAIN SECURITY EXPENSES FROM CONSIDERATION FOR PURPOSES OF SMALL 
BUSINESS SIZE STANDARDS

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 15 USC 634 (b) (6), 636(a) and (a), 696(3), and 697(a) 
(2)

CFR Citation: 13 CFR 121.104

Legal Deadline: None

Abstract: The U.S. Small Business Administration is incorporating into 
its regulations a provision in the National Defense Authorization Act 
for Fiscal Year 2006 (Pub. L. 109-163) allowing small business concerns 
that are performing contracts in qualified combat zones certain 
exclusions when determining average annual receipts for small business 
size status. Firms will be allowed to exclude from consideration in 
business prime contractors for subcontracts for the sole purpose of 
providing security services in a qualified combat zone.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Diane Heal, Program Analyst, Small Business 
Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6618
Email: [email protected]

RIN: 3245-AF50
_______________________________________________________________________


Small Business Administration (SBA)                   Completed Actions






_______________________________________________________________________




3544. SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM POLICY DIRECTIVE

Priority: Other Significant

CFR Citation: None

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Final Action                    12/16/05                    70 FR 74926

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Edsel Brown
Phone: 202 205-6450
Email: [email protected]

RIN: 3245-AE96
_______________________________________________________________________




3545. AMENDMENT TO SBA'S REGULATIONS REGARDING ADMINISTRATIVE OFFSET

Priority: Info./Admin./Other

CFR Citation: None

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       03/06/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Walter C. Intlekofer
Phone: 202 205-7543
Email: [email protected]

RIN: 3245-AF19

[[Page 23503]]

_______________________________________________________________________




3546. SMALL BUSINESS SIZE REGULATIONS (COMPLETION OF A SECTION 610 
REVIEW)

Priority: Info./Admin./Other

Legal Authority: Regulatory Flexibility Act, 5 USC 610; 15 USC 632, 
634, 636, 637, and 644

CFR Citation: 13 CFR 121

Legal Deadline: None

Abstract: On January 31, 1996 (61 FR 3286), SBA promulgated a 
rulemaking establishing SBA size standards used to define small 
business concerns and size eligibility for SBA programs and other 
Government assistance, among other things. Certain sections within the 
rule may have been subsequently amended. The current requirements are 
codified in the Code of Federal Regulations at 13 CFR part 121. In 
developing this rule, SBA performed a Regulatory Flexibility Analysis, 
which indicated the rule could have a significant economic impact on a 
substantial number of small entities. SBA then used this analysis to 
develop the rule in such a way that mitigated small entity impact to 
the extent possible while still fulfilling SBA's statutory mandates.
SBA has reviewed this regulation pursuant to section 610 of the 
Regulatory Flexibility Act (5 U.S.C. 610). The purpose of the review 
was to determine whether the rule should be continued without change, 
or should be amended or rescinded, to minimize economic impacts on 
small entities while still complying with the provisions of the Small 
Business Act. SBA solicited comments on the continued need for the 
rule; the complexity of the rule; the extent to which it overlaps, 
duplicates, or conflicts with other Federal, State, or local government 
rules, and the degree to which technology, economic conditions, or 
other relevant factors have changed since the rule was promulgated. The 
Agency received no comment on the action and has concluded that the 
rule needs no revisions to minimize impacts on small entities while 
still complying with the Small Business Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    06/01/05
Comment Period End              07/31/05
End Review                      11/30/05

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: None

Agency Contact: Gary M. Jackson, Assistant Administrator/Size 
Standards, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-6618
Fax: 202 205-6390
Email: [email protected]

RIN: 3245-AF32
_______________________________________________________________________




3547. 8(A) BUSINESS DEVELOPMENT/SMALL DISADVANTAGED BUSINESS STATUS 
DETERMINATIONS (COMPLETION OF A SECTION 610 REVIEW)

Priority: Info./Admin./Other

Legal Authority: Regulatory Flexibility Act, 5 USC 610; 15 USC 634, 
636, and 637

CFR Citation: 13 CFR 124

Legal Deadline: None

Abstract: On June 30, 1998 (63 FR 35739), SBA promulgated a rulemaking 
establishing eligibility requirements for participation in the 8(a) 
Business Development and Federal Small Disadvantaged Business programs, 
and application, certification, and protest procedures, among other 
things. Certain sections within the rule may have been subsequently 
amended. The current requirements are codified in the Code of Federal 
Regulations at 13 CFR part 124. In developing this rule, SBA performed 
a Regulatory Flexibility Analysis, which indicated the rule could have 
a significant economic impact on a substantial number of small 
entities. SBA then used this analysis to develop the rule in such a way 
that mitigated small entity impact to the extent possible while still 
fulfilling SBA's statutory mandates.
SBA has reviewed this regulation pursuant to section 610 of this 
Regulatory Flexibility Act (5 U.S.C. 610). The purpose of the review 
was to determine whether the rule should be continued without changes, 
or should be amended or rescinded, to minimize economic impacts on 
small entities while still complying with provisions of the Small 
Business Act. SBA solicited comment on the continued need for the rule, 
the complexity of the rule, the extent to which it overlaps, 
duplicates, or conflicts with other Federal, State, or local government 
rules, and the degree to which technology, economic conditions, or 
other relevant factors have changed since the rule was promulgated. The 
Agency received no comment on the action and has concluded that the 
rule needs no revisions to minimize impacts on small entities while 
still complying with the Small Business Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    06/01/05
Comment Period End              07/31/05
End Review                      11/30/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Sheila Thomas, Acting Associate Administrator for 
Business Development, Small Business Administration, 409 Third Street 
SW, Washington, DC 20416
Phone: 202 205-6613
Email: [email protected]

RIN: 3245-AF33
_______________________________________________________________________




3548. GOVERNMENT CONTRACTING PROGRAMS (COMPLETION OF A SECTION 610 
REVIEW)

Priority: Info./Admin./Other

Legal Authority: Regulatory Flexibility Act, 5 USC 610; 15 USC 634, 
637, and 644

CFR Citation: 13 CFR 125

Legal Deadline: None

Abstract: On January 31, 1996 (61 FR 3312), SBA promulgated a 
rulemaking identifying requirements for four Government contracting 
assistance programs: Prime contracting assistance, subcontracting 
assistance, Government property sales assistance, and the Certificate 
of Competency program. Certain sections within the rule may have been 
subsequently amended. The current requirements are codified in the Code 
of Federal Regulations at 13 CFR part 125. In developing this rule, SBA 
performed a Regulatory Flexibility Analysis, which indicated the rule 
could have a significant economic impact on a substantial number of 
small entities. SBA then used this analysis to develop the rule in such 
a way that mitigated small entity impact

[[Page 23504]]

to the extent possible while still fulfilling the programs' statutory 
mandates.
SBA has reviewed this regulation pursuant to section 610 of this 
Regulatory Flexibility Act (5 U.S.C. 610). The purpose of the review 
was to determine whether the rule should be continued without changes, 
or should be amended or rescinded, to minimize economic impacts on 
small entities while still complying with provisions of the Small 
Business Act. SBA solicited comment on the continued need for the rule, 
the complexity of the rule, the extent to which it overlaps, 
duplicates, or conflicts with other Federal, State, or local government 
rules, and the degree to which technology, economic conditions, or 
other relevant factors have changed since the rule was promulgated. The 
Agency received no comment on the action and has concluded that the 
rule needs no revisions to minimize impacts on small entities while 
still complying with the Small Business Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    06/01/05
Comment Period End              07/31/05
End Review                      11/30/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Sheila Thomas, Acting Associate Administrator for 
Business Development, Small Business Administration, 409 Third Street 
SW, Washington, DC 20416
Phone: 202 205-6613
Email: [email protected]

RIN: 3245-AF34
_______________________________________________________________________




3549. HUBZONE PROGRAM (COMPLETION OF A SECTION 610 REVIEW)

Priority: Info./Admin./Other

Legal Authority: Regulatory Flexibility Act, 5 USC 610; 15 USC 632 and 
657a

CFR Citation: 13 CFR 126

Legal Deadline: None

Abstract: On June 11, 1998 (63 FR 31908), SBA promulgated a rulemaking 
establishing eligibility requirements for qualified HUBZone small 
business concerns, procedures for certification program examinations 
and protests, and provisions relating to HUBZone contracts, among other 
things. Certain sections within the rule may have been subsequently 
amended. The current requirements are codified in the Code of Federal 
Regulations at 13 CFR part 126. In developing this rule, SBA performed 
a Regulatory Flexibility Analysis, which indicated the rule could have 
a significant economic impact on a substantial number of small 
entities. SBA then used this analysis to develop the rule in such a way 
that mitigated small entity impact to the extent possible while still 
fulfilling SBA's statutory mandates.
SBA has reviewed this regulation pursuant to section 610 of this 
Regulatory Flexibility Act (5 U.S.C. 610). The purpose of the review 
was to determine whether the rule should be continued without changes, 
or should be amended or rescinded, to minimize economic impacts on 
small entities while still complying with provisions of the Small 
Business Act. SBA solicited comment on the continued need for the rule, 
the complexity of the rule, and the degree to which technology, 
economic conditions, or other relevant factors have changed since the 
rule was promulgated. The Agency received no comment on the action and 
has concluded that the rule needs no revisions to minimize impacts on 
small entities while still complying with Small Business Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Begin Review                    06/01/05
Comment Period End              07/31/05
End Review                      11/30/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Michael P. McHale, Associate Administrator for HUBZone 
Program, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-6731
Email: [email protected]

RIN: 3245-AF35
_______________________________________________________________________




3550. COSPONSORSHIPS, FEE- AND NON-FEE-BASED, SBA-SPONSORED ACTIVITIES 
AND GIFTS

Priority: Info./Admin./Other

CFR Citation: 13 CFR 106

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Final Rule                      11/23/05                    70 FR 70704
Correction                      12/22/05                    70 FR 75932

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Robert Gangwere
Phone: 202 619-0639
Email: [email protected]

RIN: 3245-AF37
_______________________________________________________________________




3551.  SMALL BUSINESS SIZE STANDARDS, GULF OPPORTUNITY 
PILOT LOAN PROGRAM

Priority: Other Significant

Legal Authority: 15 U.S.C. 636

CFR Citation: 13 CFR 120.301(a)

Legal Deadline: None

Abstract: The U.S. Small Business Administration (SBA) is temporarily 
amending the size eligibility criteria for loan assistance provided 
under the ``Gulf Opportunity Pilot Loan Program,'' a pilot under the 
7(a) Business Loan Program. The pilot program makes available on an 
expedited basis 7(a) loans to small businesses located in, or 
relocating to, disaster areas declared by the President as a result of 
Hurricanes Katrina and Rita and any contiguous parishes or counties. 
This interim final rule makes financial assistance under the pilot 
program available to businesses that are considered small for the 
purpose of SBA's 7(a) Business Loan Program and businesses considered 
small for the purpose of SBA's Certified Development Company Program. 
SBA prepared this rule as an interim final rule because its immediate 
implementation will facilitate the reconstruction and economic recovery 
of the Gulf Coast.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              11/14/05                    70 FR 69045
Interim Final Rule Comment 
Period End                      12/14/05

[[Page 23505]]

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses

Government Levels Affected: Federal

URL For Public Comments:
www.regulations.gov

Agency Contact: Gary M. Jackson, Assistant Administrator/Size 
Standards, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-6618
Fax: 202 205-6390
Email: [email protected]

RIN: 3245-AF43
[FR Doc. 06-2949 Filed 04-21-06; 8:45 am]
BILLING CODE 8025-01-S
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