List of Rules To Be Reviewed Pursuant to the Regulatory Flexibility Act
| Citation | 85 FR 23487 |
| Record Number | 2020-08475 |
| Published date | 28 April 2020 |
| Court | Small Business Administration |
Federal Register, Volume 85 Issue 82 (Tuesday, April 28, 2020)
[Federal Register Volume 85, Number 82 (Tuesday, April 28, 2020)]
[Proposed Rules]
[Pages 23487-23489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08475]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 85, No. 82 / Tuesday, April 28, 2020 /
Proposed Rules
[[Page 23487]]
SMALL BUSINESS ADMINISTRATION
13 CFR Parts 124, 125, and 126
[Docket #s: SBA-2020-0016; SBA-2020-0017; SBA-2020-0018]
List of Rules To Be Reviewed Pursuant to the Regulatory
Flexibility Act
AGENCY: U.S. Small Business Administration.
ACTION: Regulatory review; request for comments.
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SUMMARY: The U.S. Small Business Administration (``SBA'' or ``Agency'')
is publishing a list of rules to be reviewed pursuant to section 610 of
the Regulatory Flexibility Act. SBA is seeking public comment on
whether the rules should be continued without change, amended or
rescinded to minimize any significant economic impact of the rules upon
a substantial number of small entities.
DATES: Comments should be submitted by July 27, 2020.
ADDRESSES: You may submit comments by any of the methods listed below.
In your comment, please use the following reference(s): For comments
related to part 124, reference docket number SBA-2020-0016; for
comments related to part 125, reference docket number SBA-2020-0017;
for comments related to part 126, reference docket number SBA-2020-
0018.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail/Hand Delivery: Brenda Fernandez, U.S. Small Business
Administration, 409 Third Street SW, 2nd Floor, Washington, DC 20416.
All comments will be posted on https://www.regulations.gov. If you
wish to submit Confidential Business Information (CBI) as defined in
the User Notice at https://www.regulations.gov, you must submit such
information either by mail to Brenda Fernandez, U.S. Small Business
Administration, 409 Third Street SW, 2nd Floor, Washington, DC 20416,
or by email to Brenda Fernandez. Highlight the information that you
consider to be CBI and explain why you believe SBA should hold this
information as confidential. SBA will review your information and
determine whether it will make the information public.
FOR FURTHER INFORMATION CONTACT: Brenda Fernandez, U.S. Small Business
Administration, Office of Policy, Planning and Liaison, 409 Third
Street SW, Washington, DC 20416; (202) 205-7337;
[email protected].
SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act of 1980
(``RFA''), codified at 5 U.S.C. 601-612, requires agencies to consider
the impact of regulatory actions on small entities when developing
rules. When an agency issues a proposed rule, the agency must ``prepare
and make available for public comment an initial regulatory flexibility
analysis'' to ``describe the impact of the proposed rule on small
entities.'' \1\ For the rules listed in this document, SBA's initial
regulatory flexibility analysis indicated that the rule could have a
significant impact on a substantial number of small entities. During
the development of each final rule, SBA considered the public's
comments in analyzing and determining how to mitigate small entity
impact to the extent possible while still fulfilling SBA's statutory
mandates. In each final rule, SBA again found that the rulemaking may
have a significant economic impact on a substantial number of small
entities within the meaning of the RFA and therefore included a final
regulatory flexibility analysis in the rule.
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\1\ Section 605 of the RFA allows an agency to certify a rule,
in lieu of preparing an analysis, if the rulemaking is not expected
to have a significant economic impact on a substantial number of
small entities.
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Under the RFA, agencies must review rules that may have a
significant economic impact upon a substantial number of small entities
within ten years of the publication of such rules as final rules. 5
U.S.C. 610(a). The purpose of the review is ``to determine whether such
rules should be continued without change or should be amended or
rescinded . . . to minimize any significant economic impact of the
rules upon a substantial number of such small entities.'' 5 U.S.C.
610(a). The RFA sets forth specific considerations that must be
addressed in the review of each rule:
The continued need for the rule;
The nature of complaints or comments received concerning
the rule from the public;
The complexity of the rule;
The extent to which the rule overlaps, duplicates or
conflicts with other federal rules, and, to the extent feasible, with
state and local governmental rules; and
The length of time since the rule has been evaluated or
the degree to which technology, economic conditions, or other factors
have changed in the area affected by the rule. 5 U.S.C. 610(c).
SBA has identified the rules listed below for review pursuant to
section 610 of the RFA. The description for each of these rules is
organized by CFR Part and includes links to the rules associated with
that Part. In addition to the factors listed above, SBA particularly
solicits public comment on whether these rules affect small businesses
in new or different ways than when they were first adopted.
A. Rules Amending 13 CFR Part 124
Title: 8(a) Business Development (Section 610 Review).
Docket Number: SBA-2020-0016.
RIN: 3245-AH19.
Citation: 13 CFR 124.
Authority: 15 U.S.C. 637.
Description: Under part 124, 8(a) Business Development/Small
Disadvantaged Business Status Determinations, SBA has promulgated
several rules that the Agency found would have a significant economic
impact on a substantial number of small entities within the meaning of
the RFA. These rules established eligibility requirements for
participation in the 8(a) programs and application, certification, and
protest procedures, among other things. Each of these rules is listed
below; for ease of access, SBA has provided the web address for the
proposed and final publications of each rule.
(1) Rule: Small Business Size Regulations; 8(a) Business Development/
Small Disadvantaged Business Status Determinations; Rules of Procedure
Governing Cases Before the Office of Hearings and Appeals
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-1997-08-14/pdf/FR-1997-08-14.pdf#page=138 (62 FR 43584, August 14, 1997).
[[Page 23488]]
Final Rule: https://www.govinfo.gov/content/pkg/FR-1998-06-30/pdf/98-17196.pdf#page=1 (63 FR 35726, June 30, 1998).
(2) Rule: Small Business Size Regulations; 8(a) Business Development/
Small Disadvantaged Business Status Determinations
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2009-10-28/pdf/E9-25416.pdf#page=1 (74 FR 55694, October 28, 2009).
Final Rule: https://www.govinfo.gov/content/pkg/FR-2011-02-11/pdf/2011-2581.pdf#page=1 (76 FR 8222, February 11, 2011).
(3) Rule: Small Business, Small Disadvantaged Business, HUBZone, and
Service-Disabled Veteran-Owned Business Status Protest and Appeal
Regulations
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2010-03-01/pdf/FR-2010-03-01.pdf#page=52 (75 FR 9129, March 1, 2010).
Final Rule: https://www.govinfo.gov/content/pkg/FR-2011-02-02/pdf/FR-2011-02-02.pdf#page=9 (76 FR 5680, February 2, 2011).
(4) Rule: Small Business Size and Status Integrity
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2011-10-07/pdf/FR-2011-10-07.pdf#page=41 (76 FR 62313, October 7, 2011).
Final Rule: https://www.govinfo.gov/content/pkg/FR-2013-06-28/pdf/FR-2013-06-28.pdf#page=9 (78 FR 38811, June 28,2013).
(5) Rule: Acquisition Process: Task and Delivery Order Contracts,
Bundling, Consolidation
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2012-05-16/pdf/FR-2012-05-16.pdf#page=378 (77 FR 29130, May 16, 2012).
Final Rule: https://www.govinfo.gov/content/pkg/FR-2013-10-02/pdf/FR-2013-10-02.pdf#page=469 (78 FR 61114, (October 2, 2013).
(6) Rule: Small Business Mentor Prot[eacute]g[eacute] Programs; Small
Business Size Regulations; Government Contracting Programs; 8(a)
Business Development/Small Disadvantaged Business Status
Determinations; HUBZone Program; Women-Owned Small Business Federal
Contract Program; Rules of Procedure Governing Cases Before the Office
of Hearings and Appeals
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2015-02-05/pdf/FR-2015-02-05.pdf#page=196 (80 FR 6618, February 5, 2015).
Final Rule: https://www.govinfo.gov/content/pkg/FR-2016-07-25/pdf/FR-2016-07-25.pdf#page=248 (81 FR 48558, July 25, 2016).
B. Rules Impacting 13 CFR Part 125
Title: Government Contracting Programs (Section 610 Review).
Docket Number: SBA-2020-0017.
RIN: 3245-AH20.
Citation: 13 CFR 125.
Authority: 15 U.S.C. 634, 637 and 644.
Description: Under part 125, Government Contracting Programs, SBA
has promulgated several rules that the Agency determined would have a
significant economic impact on a substantial number of small entities
within the meaning of the RFA. These rules established requirements for
participation in SBA's government contracting programs, contracting
provisions, and protest procedures, among other things. Each of these
rules is listed below; for ease of access, SBA has provided the web
address for the proposed and final publications of each rule.
(1) Rule: HUBZone Empowerment Contracting Program
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-1998-04-02/pdf/FR-1998-04-02.pdf#page=72 (63 FR 16148, April 2, 1998).
Final Rule: https://www.govinfo.gov/content/pkg/FR-1998-06-11/pdf/98-15581.pdf#page=1 (63 FR 31896, June 11, 1998).
(2) Rule: Small Business Size Regulations and Government Contracting
Assistance Regulations; Very Small Business Concern
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-1997-01-21/pdf/FR-1997-01-21.pdf#page=96 (62 FR 2979, January 21, 1997).
Final Rule: https://www.govinfo.gov/content/pkg/FR-1998-09-02/pdf/FR-1998-09-02.pdf#page=19 (63 FR 46640, September 2, 1998).
(3) Rule: Government Contracting Programs
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-1999-01-13/pdf/99-560.pdf (64 FR 2153, January 13, 1999).
Interim Final Rule: https://www.govinfo.gov/content/pkg/FR-1999-10-25/pdf/FR-1999-10-25.pdf#page=13 (64 FR 57366, October 25, 1999).
Final Rule: https://www.govinfo.gov/content/pkg/FR-2000-07-26/pdf/FR-2000-07-26.pdf#page=9 (65 FR 45831, July 26, 2000).
(4) Rule: Small Business Government Contracting Programs
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2003-01-31/pdf/03-2158.pdf#page=2 (68 FR 5134, January 31, 2003).
Final Rule: https://www.govinfo.gov/content/pkg/FR-2003-10-20/pdf/FR-2003-10-20.pdf#page=156 (68 FR 60006, October 20, 2003).
(5) Rule: Small Business Size Regulations; Government Contracting
Programs; HUBZone Program
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2002-01-28/pdf/FR-2002-01-28.pdf#page=38 (67 FR 3826, January 28, 2002).
Final Rule: https://www.govinfo.gov/content/pkg/FR-2004-05-24/pdf/FR-2004-05-24.pdf#page=8 (69 FR 29411, May 24, 2004).
(6) Rule: Women-Owned Small Business Federal Contract Program
Proposed Rule: \2\ https://www.govinfo.gov/content/pkg/FR-2010-03-04/pdf/FR-2010-03-04.pdf#page=285 (75 FR 10030, March 4, 2010).
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\2\ This Proposed Rule included a withdrawal of SBA Final Rule,
Women-Owned Small Business Federal Contract Assistance Procedures
(October 1, 2008; 73 FR 56940). SBA published a final regulatory
flexibility analysis with the Final Rule and determined that the
rulemaking may have a significant impact on a substantial number of
small entities. As the rule was later withdrawn, SBA has not
included it in its section 610 review.
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Final Rule: https://www.govinfo.gov/content/pkg/FR-2010-10-07/pdf/FR-2010-10-07.pdf#page=289 (75 FR 62258, October 7, 2010).
(7) Rule: Small Business, Small Disadvantaged Business, HUBZone, and
Service-Disabled Veteran-Owned Business Status Protest and Appeal
Regulations
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2010-03-01/pdf/FR-2010-03-01.pdf#page=52 (75 FR 9129, March 1, 2010).
Final Rule: https://www.govinfo.gov/content/pkg/FR-2011-02-02/pdf/FR-2011-02-02.pdf#page=9 (76 FR 5680, February 2, 2011).
(8) Rule: Small Business Size and Status Integrity
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2011-10-07/pdf/FR-2011-10-07.pdf#page=41 (76 FR 62313, October 7, 2011).
Final Rule: https://www.govinfo.gov/content/pkg/FR-2013-06-28/pdf/FR-2013-06-28.pdf#page=9 (78 FR 38811, June 28, 2013).
[[Page 23489]]
(9) Rule: Small Business Subcontracting
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2011-10-05/pdf/FR-2011-10-05.pdf#page=79 (76 FR 61626, October 5, 2011).
Final Rule: https://www.govinfo.gov/content/pkg/FR-2013-07-16/pdf/FR-2013-07-16.pdf#page=10 (78 FR 42391, July 16, 2013).
(10) Rule: Acquisition Process: Task and Delivery Order Contracts,
Bundling, Consolidation
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2012-05-16/pdf/FR-2012-05-16.pdf#page=378 (77 FR 29130, May 16, 2012).
Final Rule: https://www.govinfo.gov/content/pkg/FR-2013-10-02/pdf/FR-2013-10-02.pdf#page=469 (78 FR 61114, October 2, 2013).
(11) Rule: Small Business Mentor Prot[eacute]g[eacute] Programs; Small
Business Size Regulations; Government Contracting Programs; 8(a)
Business Development/Small Disadvantaged Business Status
Determinations; HUBZone Program; Women-Owned Small Business Federal
Contract Program; Rules of Procedure Governing Cases Before the Office
of Hearings and Appeals (February 5, 2015; 80 FR 6618
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2015-02-05/pdf/FR-2015-02-05.pdf#page=196 (80 FR 6618, February 5, 2015).
Final Rule: Small Business Mentor Prot[eacute]g[eacute] Programs
(July 25, 2016; 81 FR 48558); https://www.govinfo.gov/content/pkg/FR-2016-07-25/pdf/FR-2016-07-25.pdf#page=248.
C. Rules Related to 13 CFR Part 126
Title: HUBZone Program (Section 610 Review).
Docket Number: SBA-2020-0018.
RIN: 3245-AH21.
Citation: 13 CFR 126.
Authority: 15 U.S.C. 632 and 657a.
Description: Under part 126, HUBZone program, SBA has promulgated
several rules that the Agency determined would have a significant
economic impact on a substantial number of small entities within the
meaning of the RFA. These rules established eligibility requirements
for qualified HUBZone small business concerns, procedures for
certification program examinations and protests, and provisions
relating to HUBZone contracts, among other things. Each of these rules
is listed below; for ease of access, SBA has provided the web address
for the proposed and final publications of each rule.
(1) Rule: HUBZone Empowerment Contracting Program
Proposed Rule: HUBZone Empowerment Contracting Program (April 2,
1998; 63 FR 16148); https://www.govinfo.gov/content/pkg/FR-1998-04-02/pdf/FR-1998-04-02.pdf#page=72.
Final Rule: HUBZone Empowerment Contracting Program (June 11, 1998;
63 FR 31896); https://www.govinfo.gov/content/pkg/FR-1998-06-11/pdf/98-15581.pdf#page=1.
(2) Rule: Small Business Size Regulations; Government Contracting
Programs; HUBZone Program
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2002-01-28/pdf/FR-2002-01-28.pdf#page=38 (67 FR 3826, January 28, 2002).
Final Rule: Small Business Size Regulations; Government Contracting
Programs; HUBZone Program https://www.govinfo.gov/content/pkg/FR-2004-05-24/pdf/FR-2004-05-24.pdf#page=8 (69 FR 29411, May 24, 2004).
(3) Rule: Women-Owned Small Business Federal Contract Program
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2010-03-04/pdf/FR-2010-03-04.pdf#page=285 (75 FR 10030, March 4, 2010).
Final Rule: https://www.govinfo.gov/content/pkg/FR-2010-10-07/pdf/FR-2010-10-07.pdf#page=289 (75 FR 62258, October 7, 2010).
(4) Rule: Small Business, Small Disadvantaged Business, HUBZone, and
Service-Disabled Veteran-Owned Business Status Protest and Appeal
Regulations
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2010-03-01/pdf/FR-2010-03-01.pdf#page=52 (75 FR 9129, March 1, 2010).
Final Rule: https://www.govinfo.gov/content/pkg/FR-2011-02-02/pdf/FR-2011-02-02.pdf#page=9 (76 FR 5680, February 2, 2011).
(5) Rule: Small Business Size and Status Integrity
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2011-10-07/pdf/FR-2011-10-07.pdf#page=41 (76 FR 62313, October 7, 2011).
Final Rule: https://www.govinfo.gov/content/pkg/FR-2013-06-28/pdf/FR-2013-06-28.pdf#page=9 (78 FR 38811, June 28, 2013).
(6) Rule: Acquisition Process: Task and Delivery Order Contracts,
Bundling, Consolidation
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2012-05-16/pdf/FR-2012-05-16.pdf#page=378 (77 FR 29130, May 16, 2012).
Final Rule: https://www.govinfo.gov/content/pkg/FR-2013-10-02/pdf/FR-2013-10-02.pdf#page=469 (78 FR 61114, October 2, 2013).
(7) Rule: Small Business Mentor Prot[eacute]g[eacute] Programs; Small
Business Size Regulations; Government Contracting Programs; 8(a)
Business Development/Small Disadvantaged Business Status
Determinations; HUBZone Program; Women-Owned Small Business Federal
Contract Program; Rules of Procedure Governing Cases Before the Office
of Hearings and Appeals
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2015-02-05/pdf/FR-2015-02-05.pdf#page=196 (80 FR 6618, February 5, 2015).
Final Rule: https://www.govinfo.gov/content/pkg/FR-2016-07-25/pdf/FR-2016-07-25.pdf#page=248 (81 FR 48558, July 25, 2016).
Dated: April 16, 2020.
Barbara Carson,
Deputy Associate Administrator, Office of Government Contracting and
Business Development.
[FR Doc. 2020-08475 Filed 4-27-20; 8:45 am]
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