[The Regulatory Plan and 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 XIX





Small Business Administration





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Semiannual Regulatory Agenda

[[Page 70136]]



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 the agency 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 or 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 and those that were completed since 
the spring 2007 edition of the agenda. As permitted by law, SBA is 
combining the publication of its agenda as 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.

     The purpose of the agenda is to provide information to the 
public on regulations currently under review, being proposed, 
completed, or withdrawn by SBA. Accordingly, rulemaking action in 
SBA's agenda is grouped according to its stage of development. The 
stages of development are prerulemaking, proposed rules, final 
rules, and rulemaking actions completed since the spring 2007 
agenda. The agenda is intended to facilitate comments and views by 
interested members of the public. SBA encourages public 
participation in its rulemaking process through various mediums 
including www.regulations.gov. This website allows SBA to place 
rules on the website and receive public comments through that 
medium. SBA also provides a link from www.sba.gov to that website.

     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.

     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.

     For this edition of SBA's regulatory agenda, the most 
important significant regulatory action and a Statement of 
Regulatory Priorities are included in The Regulatory Plan, which 
appears in both the online Unified Agenda and in part II of the 
Federal Register that includes the Unified Agenda.

     Beginning with the fall 2007 edition, the Internet will be the 
basic means for disseminating the Unified Agenda. The complete 
Unified Agenda will be available online at www.reginfo.gov in a 
format that offers users a greatly enhanced ability to obtain 
information from the Agenda database.

     Because publication in the Federal Register is mandated for 
the regulatory flexibility agendas required by the Regulatory 
Flexibility Act (5 U.S.C. 602), SBA's printed agenda entries 
include only rules that are in the Agency's regulatory flexibility 
agenda, in accordance with the Regulatory Flexibility Act, because 
they are likely to have a significant economic impact on a 
substantial number of small entities.

     Printing of these entries is limited to fields that contain 
information required by the Regulatory Flexibility Act's Agenda 
requirements. Additional information on these entries is available 
in the Unified Agenda published on the Internet. In addition, for 
fall editions of the Agenda, the entireRegulatory Plan will 
continue to be printed in the Federal Register, as in past years, 
including SBA's regulatory plan.

 Steven C. Preston,

Administrator.

                               Small Business Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
448         Small Business Development Centers (SBDC) Program Revisions...........................    3245-AE05
449         Small Business Lending Company and Lender Oversight Regulations (Reg Plan Seq No. 162)    3245-AE14
450         Women-Owned Small Business Federal Contract Assistance Procedures.....................    3245-AF40
451         8(a) Business Development/Small Disadvantaged Business Status Determinations..........    3245-AF53
452         Amendment to the Small Business Innovation Research (SBIR) Program--A Policy Directive    3245-AF61
            To Increase SBIR Award Amounts To Adjust for Inflation................................
453         Small Business Size Standards for the Fuel Dealers Industries.........................    3245-AF67
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


[[Page 70137]]


                                 Small Business Administration--Final Rule Stage
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
454         Small Business Size Standards; Support Activities for Air Transportation..............    3245-AF29
455         Small Business Size Standards; Inflation Adjustment...................................    3245-AF41
456         Definition of ``Employee'' for Purposes of the HUBZone Program........................    3245-AF44
457         Small Business Size Standards; Calculation of the Number of Employees.................    3245-AF60
----------------------------------------------------------------------------------------------------------------


                                Small Business Administration--Completed Actions
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
458         HUBZone Empowerment Contracting Program...............................................    3245-AF13
459         Small Business Size Standards; Nonmanufacturer Size Standard..........................    3245-AF27
460         Small Business Size Regulations; Small Business Innovation Research Program...........    3245-AF55
461         Small Business Size Standards--Professional, Scientific, and Technical Services.......    3245-AF59
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_______________________________________________________________________


Small Business Administration (SBA)                 Proposed Rule Stage






_______________________________________________________________________




448. SMALL BUSINESS DEVELOPMENT CENTERS (SBDC) PROGRAM REVISIONS

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

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                            03/00/08

Regulatory Flexibility Analysis Required: Yes

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
_______________________________________________________________________




449. SMALL BUSINESS LENDING COMPANY AND LENDER OVERSIGHT REGULATIONS

 Regulatory Plan: This entry is Seq. No. 162 in part II of this issue 
of the Federal Register.

RIN: 3245-AE14
_______________________________________________________________________




450. WOMEN-OWNED SMALL BUSINESS FEDERAL CONTRACT ASSISTANCE PROCEDURES

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

Abstract: This rule will establish regulations to implement procedures 
to increase procurement opportunities for Women-Owned Small Business 
Concerns in Federal procurement as authorized under section 8(m) of the 
Small Business Act, 15 U.S.C. section 637(m). On June 15, 2006, the SBA 
published in the Federal Register, 71 FR 34550, a proposed rule with 
request for comments to amend its regulations in accordance with 
section 8(m) of the Small Business Act. Based on SBA's evaluation of 
the public comments, discussions with the Department of Justice and the 
Office of Federal Procurement Policy, and further examination of 
section 8(m), it has been determined that the June 15, 2006, proposed 
rule requires significant changes that warrant further public comment 
and consideration. In addition, rather than propose a separate 
rulemaking, SBA believes it would be expeditious to include in this 
rule implementation of the SBA-commissioned RAND study results, which 
identified the industries in which WOSBs are underrepresented and 
substantially underrepresented in Federal procurement. If SBA proposed 
an additional rule to implement the RAND Study results instead of 
combining the two rules into one comprehensive rule, any potential set-
asides under the procedures could not be made until the RAND report 
rule had been finalized. Therefore, SBA's action of combining the RAND 
report rule with this re-proposed June 15, 2006, rule, not only 
obviates the need for a separate rulemaking, but significantly will not 
delay the implementation of the WOSB procedures.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/15/06                    71 FR 34550
NPRM Comment Period End         07/17/06
Second NPRM                     01/00/08

Regulatory Flexibility Analysis Required: Yes

[[Page 70138]]

Agency Contact: Robert Taylor, Assistant Director for Contract 
Assistance, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416
Phone: 202 205-7319
Fax: 202 481-5247
Email: [email protected]

RIN: 3245-AF40
_______________________________________________________________________




451. 8(A) BUSINESS DEVELOPMENT/SMALL DISADVANTAGED BUSINESS STATUS 
DETERMINATIONS

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

Abstract: This proposed rule amends the regulations governing the 8(a) 
Business Development (8(a) BD) program to: (1) Revise the requirements 
for certain sole source contracts to joint ventures between 8(a) 
concerns owned and controlled by Indian tribes or Alaska Native 
Corporations (ANCs) and other concerns; (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) 
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) 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).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/08

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Joe Loddo, Director, Office of Business Development, 
Small Business Administration, 409 3rd Street SW, Washington, DC 20416
Phone: 202 205-7550
Email: [email protected]

RIN: 3245-AF53
_______________________________________________________________________




452. AMENDMENT TO THE SMALL BUSINESS INNOVATION RESEARCH (SBIR) 
PROGRAM--A POLICY DIRECTIVE TO INCREASE SBIR AWARD AMOUNTS TO ADJUST FOR 
INFLATION

Legal Authority: 15 USC 638(i)

Abstract: SBA proposes to increase the award size thresholds for the 
SBIR program to adjust for inflation. The Agency is authorized by 
statute to adjust the award amounts once every 5 years to reflect 
economic adjustments and programmatic considerations. The current 
thresholds, set in 1992, are $100,000 for Phase I awards and $750,000 
for Phase II awards.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/08

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Edsel Brown, Division Chief 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-AF61
_______________________________________________________________________




453.  SMALL BUSINESS SIZE STANDARDS FOR THE FUEL 
DEALERS INDUSTRIES

Legal Authority: 15 USC 632(a)

Abstract: This rule proposes to replace the receipts based size 
standard for two fuel dealers industries with an employee-based size 
standard. The industries are Heating Oil Dealers, and (NAICS 454311), 
Liquefied Petroleum Gas (Bottled Gas) Dealers (454312). Petroleum 
prices have fluctuated greatly over the past several years and 
continued volatility is expected in the future. Because of the 
uncertain price fluctuations of petroleum, adopting an employee size 
standard will create a more stable size standard.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/31/07                    72 FR 61574
NPRM Comment Period End         11/30/07
Final Action                    10/00/08

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Gary M. Jackson, Division Chief, Division of 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-AF67
_______________________________________________________________________


Small Business Administration (SBA)                    Final Rule Stage






_______________________________________________________________________




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

Legal Authority: 15 USC 632(a)

Abstract: This rule revises the $6.5 million small business size 
standard applicable to airport operations and other support activities 
for air transportation. This rule was developed after an internal 
review conducted by SBA suggested that the size standard did not 
reflect the structural characteristics of firms in this industry.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/17/06                    71 FR 28604
NPRM Comment Period End         06/16/06
Final Action                    04/00/08

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Gary M. Jackson, Division Chief, Division of 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

[[Page 70139]]

_______________________________________________________________________




455. SMALL BUSINESS SIZE STANDARDS; INFLATION ADJUSTMENT

Legal Authority: 15 USC 632(a)

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 to consider also 
the primary industry 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                    01/00/08

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Gary M. Jackson, Division Chief, Division of 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
_______________________________________________________________________




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

Legal Authority: 15 USC 657 (a)

Abstract: The purpose of this final 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                            01/26/07                     72 FR 3750
NPRM Comment Period End         02/26/07
Final Action                    02/00/08

Regulatory Flexibility Analysis Required: Yes

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

RIN: 3245-AF44
_______________________________________________________________________




457. SMALL BUSINESS SIZE STANDARDS; CALCULATION OF THE NUMBER OF 
EMPLOYEES

Legal Authority: 15 USC 632

Abstract: The U.S. Small Business Administration proposes a technical 
change to the manner in which it calculates the number of employees to 
determine a firm's small business size status by revising the method 
for calculating an average number of employees. The current method uses 
a rolling average of the pay periods over the preceding 12 months.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/27/07                    72 FR 41239
NPRM Comment Period End         09/25/07
Final Action                    07/00/08

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Gary M. Jackson, Division Chief, Division of 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-AF60
_______________________________________________________________________


Small Business Administration (SBA)                   Completed Actions






_______________________________________________________________________




458. HUBZONE EMPOWERMENT CONTRACTING PROGRAM

Legal Authority: 15 USC 657a

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.''

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       08/10/07

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Michael P. McHale
Phone: 202 205-6731
Email: [email protected]

RIN: 3245-AF13

[[Page 70140]]

_______________________________________________________________________




459. SMALL BUSINESS SIZE STANDARDS; NONMANUFACTURER SIZE STANDARD

Legal Authority: 15 USC 632(a)

Abstract: This rule would have proposed 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 have addressed 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.

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       08/10/07

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Gary M. Jackson
Phone: 202 205-6618
Fax: 202 205-6390
Email: [email protected]

RIN: 3245-AF27
_______________________________________________________________________




460. SMALL BUSINESS SIZE REGULATIONS; SMALL BUSINESS INNOVATION RESEARCH 
PROGRAM

Legal Authority: 15 USC 632

Abstract: The U.S. Small Business Administration (SBA) would have 
revised its small business size regulations regarding ownership and 
control of Small Business Innovation Research (SBIR) Program awardees. 
Currently, to be eligible for an SBIR award, an awardee must meet the 
following ownership and control criteria: (a) Be a for-profit concern 
that is at least 51 percent of the United States, or permanent resident 
aliens in the United States, or (b) be a concern that is at least 51 
percent owned and controlled by another business concern that is itself 
at least 51 percent owned and controlled by individuals who are 
citizens of or permanent resident aliens in the United States, or (c) 
be a joint venture in which each entity to the venture must meet the 
requirements set forth in (a) or (b) above. In addition, an SBIR 
awardee, together with its affiliates, can not have more than 500 
employees. The proposed rule sets forth changes to the ownership and 
control provisions of 13 CFR 121.702 to allow for expanded VCOC 
(Venture Capital Operating Company) ownership (as VCOC is defined by 
the Department of Labor).

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       08/10/07

Regulatory Flexibility Analysis Required: Yes

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

RIN: 3245-AF55
_______________________________________________________________________




461. SMALL BUSINESS SIZE STANDARDS--PROFESSIONAL, SCIENTIFIC, AND 
TECHNICAL SERVICES

Legal Authority: 15 USC 632

Abstract: This rule would have proposed establishing a special size 
standard category for Federal contracts consisting of a combination of 
three or more professional, scientific, and technical services.

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       08/10/07

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Gary M. Jackson
Phone: 202 205-6618
Fax: 202 205-6390
Email: [email protected]

RIN: 3245-AF59
[FR Doc. 07-04536 Filed 12-07-07; 8:45 am]
BILLING CODE 8025-01-S