Semiannual Regulatory Agenda
| Published date | 24 June 2019 |
| Record Number | 2019-11728 |
| Section | Proposed rules |
| Court | Small Business Administration |
Federal Register, Volume 84 Issue 121 (Monday, June 24, 2019)
[Federal Register Volume 84, Number 121 (Monday, June 24, 2019)]
[Unknown Section]
[Pages 29705-29710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11728]
[[Page 29705]]
Vol. 84
Monday,
No. 121
June 24, 2019
Part XIXSmall Business Administration-----------------------------------------------------------------------Unified Agenda
Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda
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SMALL BUSINESS ADMINISTRATION
13 CFR Ch. I
Semiannual Regulatory Agenda
AGENCY: U.S. Small Business Administration (SBA).
ACTION: Semiannual regulatory agenda.
-----------------------------------------------------------------------
SUMMARY: This semiannual Regulatory Agenda (Agenda) is a summary of
current and projected regulatory and deregulatory actions and completed
actions of the Small Business Administration (SBA). This summary
information is intended to enable the public to be more aware of, and
effectively participate in, SBA's regulatory and deregulatory
activities. Accordingly, SBA invites the public to submit comments on
any aspect of this Agenda.
FOR FURTHER INFORMATION CONTACT:
General
Please direct general comments or inquiries to Imelda A. Kish, Law
Librarian; U.S. Small Business Administration, 409 Third Street SW,
Washington, DC 20416; (202) 205-6849, [email protected].
Specific
Please direct specific comments and inquiries on individual
regulatory activities identified in this Agenda to the individual
listed in the summary of the regulation as the point of contact for
that regulation.
SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (RFA)
requires SBA to publish in the Federal Register a semiannual regulatory
flexibility agenda describing those Agency rules that are likely to
have a significant economic impact on a substantial number of small
entities (5 U.S.C. 602). The summary information published in the
Federal Register is limited to those rules. Additional information
regarding all of the rulemakings SBA expects to consider in the next 12
months is included in the Federal Government's complete Regulatory
Agenda, which will be available online at www.reginfo.gov in a format
that offers users enhanced ability to obtain information about SBA's
rules.
SBA is fully committed to implementing the Administration's
regulatory reform policies, as established by Executive Order 13771,
Reducing Regulation and Controlling Regulatory Costs (January 30, 2017)
and Executive Order 13777, Enforcing the Regulatory Reform Agenda
(February 24, 2017). In order to fully implement the goal of these
executive orders, SBA seeks feedback from the public in identifying any
SBA regulations affected parties believe impose unnecessary burdens or
costs that exceed their benefits; eliminate jobs or inhibit job
creation; or are ineffective or outdated.
Linda E. McMahon,
Administrator.
Small Business Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
189....................... Small Business Development 3245-AE05
Center Program Revisions.
190....................... Small Business Size 3245-AG16
Standards; Alternative
Size Standard for 7(a),
504, and Disaster Loan
Programs.
191....................... Women-Owned Small Business 3245-AG75
and Economically
Disadvantaged Women-Owned
Small Business--
Certification.
192....................... Small Business Size 3245-AG88
Standards: Educational
Services; Health Care and
Social Assistance; Arts,
Entertainment and
Recreation; Accommodation
and Food Services; Other
Services.
193....................... Small Business Size 3245-AG89
Standards: Agriculture,
Forestry, Fishing and
Hunting; Mining,
Quarrying, and Oil and
Gas Extraction;
Utilities; Construction.
194....................... Small Business Size 3245-AG90
Standards: Transportation
and Warehousing;
Information; Finance and
Insurance; Real Estate
and Rental and Leasing.
195....................... Small Business Size 3245-AG91
Standards: Professional,
Scientific and Technical
Services; Management of
Companies and
Enterprises;
Administrative and
Support, Waste Management
and Remediation Services.
196....................... Regulatory Reform 3245-AG98
Initiative: Streamlining
and Modernizing the 7(a),
Microloan, and 504 Loan
Programs to Reduce
Unnecessary Regulatory
Burden.
197....................... Small Business Size 3245-AH09
Standards: Manufacturing
and Industries With
Employee Based Size
Standards in Other
Sectors Except Wholesale
Trade and Retail Trade.
198....................... Small Business Size 3245-AH10
Standards: Wholesale
Trade and Retail Trade.
199....................... Small Business Size 3245-AH16
Standards: Calculation of
Annual Average Receipts.
200....................... Small Business HUBZone 3245-AG38
Program and Government
Contracting Programs.
201....................... Small Business Timber Set- 3245-AG69
Aside Program.
202....................... National Defense 3245-AG86
Authorization Acts of
2016 and 2017, RISE After
Disaster Act of 2015, and
Other Small Business
Government Contracting
Amendments.
203....................... Streamlining and 3245-AG97
Modernizing Certified
Development Company
Program (504 Loan
Program) Corporate
Governance Requirements.
204....................... Small Business Size 3245-AH17
Standards: Adjustment of
Monetary Based Size
Standards for Inflation.
------------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION (SBA)
Proposed Rule Stage
189. Small Business Development Center Program Revisions
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 634(b)(6); 15 U.S.C. 648
Abstract: Updates the Small Business Development Center (SBDC)
program regulations by proposing to amend: (1) Procedures for approving
applications for new Host 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 or renewal applications
for SBDC grants, including electronic submission through the approved
electronic Government submission facility; (5) procedures regarding the
determination to affect suspension, termination or non-renewal of an
SBDC's cooperative agreement; and (6) provisions regarding the
collection and use of the individual SBDC client data.
Timetable:
[[Page 29707]]
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Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 04/02/15 80 FR 17708
ANPRM Comment Period End............ 06/01/15 .......................
NPRM................................ 03/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Bruce D. Purdy, Deputy Associate Administrator for
Small Business Development Centers, Small Business Administration, 409
Third Street SW, Washington, DC 20416, Phone: 202 205-7532, Email:
[email protected].
RIN: 3245-AE05
190. Small Business Size Standards; Alternative Size Standard for 7(a),
504, and Disaster Loan Programs
E.O. 13771 Designation: Other.
Legal Authority: Pub. L. 111-240, sec. 1116
Abstract: SBA will propose amendments its size eligibility criteria
for Business Loans, certified development company (CDC) loans under
title V of the Small Business Investment Act (504) and economic injury
disaster loans (EIDL). For the SBA 7(a) Business Loan Program and the
504 program, the amendments will provide an alternative size standard
for loan applicants that do not meet the small business size standards
for their industries. The Small Business Jobs Act of 2010 (Jobs Act)
established alternative size standards that apply to both of these
programs until SBA's Administrator establishes other alternative size
standards. For the disaster loan program, the amendments will provide
an alternative size standard for loan applicants that do not meet the
Small Business Size Standard for their industries. SBA loan program
alternative size standards do not affect other Federal Government
programs, including Federal procurement.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 03/22/18 83 FR 12506
ANPRM Comment Period End............ 05/21/18 .......................
NPRM................................ 02/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected].
RIN: 3245-AG16
191. Women-Owned Small Business and Economically Disadvantaged Women-
Owned Small Business--Certification
E.O. 13771 Designation: Other.
Legal Authority: Pub. L. 113-291, sec. 825; 15 U.S.C. 637(m)
Abstract: Section 825 of the National Defense Authorization Act for
Fiscal Year 2015 (NDAA), Public Law 113-291, 128 Stat. 3292, Dec. 19,
2014, included language requiring that women-owned small business
concerns and economically disadvantaged Women-Owned Small Business
concerns are certified by a Federal agency, a State government, the
Administrator, or national certifying entity approved by the
Administrator as a small business concern owned and controlled by
women. This rule will propose the standards and procedures for
participation in this certification program. This rule will also
propose to revise the procedures for continuing eligibility, program
examinations, protests, and appeals. The proposed revisions will
reflect public comments that SBA received in response to the Advanced
Notice of Proposed Rulemaking that the agency issued in December 2016
to solicit feedback on implementation of the program. Finally, SBA is
planning to continue to utilize new technology to improve its
efficiency and decrease small business burdens, and therefore, the new
certification procedures will be based on an electronic application and
certification process.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 12/18/15 80 FR 78984
ANPRM Comment Period End............ 02/16/16 .......................
NPRM................................ 07/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected].
RIN: 3245-AG75
192. Small Business Size Standards: Educational Services; Health Care
and Social Assistance; Arts, Entertainment and Recreation;
Accommodation and Food Services; Other Services
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a)
Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires
SBA to conduct every five years a detailed review of all size standards
and to make appropriate adjustments to reflect market conditions. As
part of the second five-year review of size standards under the Jobs
Act, in this proposed rule, SBA will evaluate size standards for all
industries in North American Industry Classification System (NAICS)
Sector 61 (Educational Services), Sector 62 (Health Care and Social
Assistance), Sector 71 (Arts, Entertainment and Recreation), Sector 72
(Accommodation and Food Services), and Sector 81 (Other Services) and
make necessary adjustments to size standards in these sectors. This is
one of a series of proposed rules that will examine groups of NAICS
sectors. SBA will apply its Size Standards Methodology to this proposed
rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected].
RIN: 3245-AG88
193. Small Business Size Standards: Agriculture, Forestry, Fishing and
Hunting; Mining, Quarrying, and Oil and Gas Extraction; Utilities;
Construction
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a)
Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires
SBA to conduct every five years a detailed review of all size standards
and to make appropriate adjustments to reflect market conditions. As
part of the second five-year review of size standards under the Jobs
Act, in this proposed rule, SBA will evaluate each industry that has a
receipts-based standard in North American Industry Classification
System (NAICS) Sector 11 (Agriculture, Forestry, Fishing and Hunting),
Sector 21 (Mining, Quarrying, and Oil and Gas Extraction), Sector 22
(Utilities), and Sector 23 (Construction), and make necessary
adjustments to size standards in these sectors. This is one of a series
of proposed rules that will examine groups of NAICS sectors. SBA will
apply its Size Standards Methodology to this proposed rule.
Timetable:
[[Page 29708]]
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected].
RIN: 3245-AG89
194. Small Business Size Standards: Transportation and Warehousing;
Information; Finance and Insurance; Real Estate and Rental and Leasing
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a)
Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires
SBA to conduct every five years a detailed review of all size standards
and to make appropriate adjustments to reflect market conditions. As
part of the second five-year review of size standards under the Jobs
Act, in this proposed rule, SBA will evaluate each industry that has a
receipts-based standard in North American Industry Classification
System (NAICS) Sector 48-49 (Transportation and Warehousing), Sector 51
(Information), Sector 52 (Finance and Insurance), and Sector 53 (Real
Estate and Rental and Leasing) and make necessary adjustments to size
standards in these sectors. This is one of a series of proposed rules
that will examine groups of NAICS sectors. SBA will apply its Size
Standards Methodology to this proposed rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected].
RIN: 3245-AG90
195. Small Business Size Standards: Professional, Scientific and
Technical Services; Management of Companies and Enterprises;
Administrative and Support, Waste Management and Remediation Services
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a)
Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires
SBA to conduct every five years a detailed review of all size standards
and to make appropriate adjustments to reflect market conditions. As
part of the second five-year review of size standards under the Jobs
Act, in this proposed rule, SBA will evaluate each industry that has a
receipts-based standard in North American Industry Classification
System (NAICS) Sector 54 (Professional, Scientific and Technical
Services), Sector 55 (Management of Companies and Enterprises), and
Sector 56 (Administrative and Support, Waste Management and Remediation
Services) and make necessary adjustments to size standards in these
sectors. This is one of a series of proposed rules that will examine
groups of NAICS sectors. SBA will apply its Size Standards Methodology
to this proposed rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected].
RIN: 3245-AG91
196. Regulatory Reform Initiative: Streamlining and Modernizing the
7(a), Microloan, and 504 Loan Programs To Reduce Unnecessary Regulatory
Burden
E.O. 13771 Designation: Deregulatory.
Legal Authority: 15 U.S.C. 636(a); 15 U.S.C. 636(m); 15 U.S.C. 695
et seq.
Abstract: SBA is proposing to streamline the regulations in part
120 of chapter 13 of the Code of Federal Regulations that apply to the
7(a), Microloan, and 504 Loan Programs by eliminating or revising the
provisions that are obsolete, ineffective, burdensome, or unnecessary.
The proposed changes include removing or revising regulations related
to programs that are either no longer in effect or have not been funded
for many years, such as the America's Recovery Capital Loan Program,
certain 7(a) direct loans to small businesses, or the veteran's direct
loan program; and clarifying the factors that SBA will consider when
seeking the appointment of a receiver and the scope of the receivership
with respect to Certified Development Companies, Small Business Lending
Companies, and Non-Federally Regulated Lenders.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Linda Reilly, Chief, 504 Loan Program, Small
Business Administration, 409 Third Street SW, Washington, DC 20416,
Phone: 202 205-9949, Email: [email protected].
RIN: 3245-AG98
197. Small Business Size Standards: Manufacturing and
Industries With Employee Based Size Standards in Other Sectors Except
Wholesale Trade and Retail Trade
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a)
Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires
SBA to conduct every five years a detailed review of all size standards
and to make appropriate adjustments to reflect market conditions. As
part of the second 5-year review of size standards under the Jobs Act,
in this proposed rule, SBA will evaluate all industries in North
American Industry Classification System (NAICS) Sector 31-33
(Manufacturing) and industries with employee based size standards in
other sectors except Wholesale Trade and Retail Trade and make
necessary adjustments to their size standards. This is one of a series
of proposed rules that will examine groups of NAICS sectors. SBA will
apply its revised Size Standards Methodology, which is available on its
website at http://www.sba.gov/size, to this proposed rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected].
RIN: 3245-AH09
198. Small Business Size Standards: Wholesale Trade and Retail
Trade
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a)
Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires
SBA to conduct every five years a detailed review of all size standards
and to make appropriate adjustments to reflect market conditions. As
part of the second
[[Page 29709]]
5-year review of size standards under the Jobs Act, in this proposed
rule, SBA will evaluate all industries in North American Industry
Classification System (NAICS) Sector 42 (Wholesale Trade) and Sector
44-45 (Retail Trade) and make necessary adjustments to their size
standards. This is one of a series of proposed rules that will examine
groups of NAICS sectors. SBA will apply its revised Size Standards
Methodology, which is available on its website at http://www.sba.gov/size, to this proposed rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected].
RIN: 3245-AH10
199. Small Business Size Standards: Calculation of Annual
Average Receipts
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a); Pub. L. 115-32
Abstract: On December 17, 2018, the President signed the Small
Business Runway Extension Act (Pub. L. 115-32), which amended Section
3(a)(2)(C)(ii)(II) of the Small Business Act (15 U.S.C.
632(a)(2)(C)(ii)(II) by changing calculating average annual receipts
for size standard purposes. This rulemaking is to implement the new law
by changing the period for calculating annual average revenue receipts
for receipts based size standards from three (3) years to five (5)
years in 13 CFR 121.104.
The Small Business Act (15 U.S.C. 632(a)) delegates to SBA's
Administrator the responsibility for establishing, reviewing, and
updating small business definitions, commonly referred to as size
standards. The Small Business Runway Extension Act amended the Small
Business Act, changing the period for calculating average annual
receipts from three (3) years to five (5) years.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected].
RIN: 3245-AH16
SMALL BUSINESS ADMINISTRATION (SBA)
Final Rule Stage
200. Small Business Hubzone Program and Government Contracting Programs
E.O. 13771 Designation: Deregulatory.
Legal Authority: 15 U.S.C. 657a
Abstract: SBA has been reviewing its processes and procedures for
implementing the HUBZone program and has determined that several of the
regulations governing the program should be amended in order to resolve
certain issues that have arisen. As a result, the rule would constitute
a comprehensive revision of part 126 of SBA's regulations to clarify
current HUBZone Program regulations, and implement various new
procedures. The amendments will make it easier for participants to
comply with the program requirements and enable them to maximize the
benefits afforded by participation. In developing this rule, SBA will
focus on the principles of Executive Orders 12866, 13771, and 13563 to
determine whether portions of regulations should be modified,
streamlined, expanded or repealed to make the HUBZone program more
effective and/or less burdensome on small business concerns. At the
same time, SBA will maintain a framework that helps identify and reduce
waste, fraud, and abuse in the program.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Public Meeting...................... 04/23/18 83 FR 17626
Public Meeting...................... 05/30/18 83 FR 24684
NPRM................................ 10/31/18 83 FR 54812
NPRM Comment Period End............. 12/31/18 .......................
NPRM Comment Period Extended........ 12/31/18 83 FR 67701
NPRM Comment Period Extended End.... 02/14/19 .......................
Final Action........................ 09/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Art Collins, Acting Director, Office of HUBZone,
Small Business Administration, 409 3rd Street SW, Washington, DC 20416,
Phone: 202 205-6285, Email: [email protected].
RIN: 3245-AG38
201. Small Business Timber Set[dash]Aside Program
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 631; 15 U.S.C. 644(a)
Abstract: The U.S. Small Business Administration (SBA or Agency) is
amending its Small Business Timber Set-Aside Program (the Program)
regulations. The Small Business Timber Set-Aside Program is rooted in
the Small Business Act, which tasked SBA with ensuring that small
businesses receive a fair proportion of the total sales of government
property. Accordingly, the Program requires Timber sales to be set
aside for small business when small business participation falls below
a certain amount. SBA considered comments received during the Advance
Notice of Proposed Rulemaking and Notice of Proposed Rulemaking
processes, including on issues such as, but not limited to, whether the
saw timber volume purchased through stewardship timber contracts should
be included in calculations, and whether the appraisal point used in
set-aside sales should be the nearest small business mill. In addition,
SBA is considering data from the timber industry to help evaluate the
current program and economic impact of potential changes.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 03/25/15 80 FR 15697
ANPRM Comment Period End............ 05/26/15 .......................
NPRM................................ 09/27/16 81 FR 66199
NPRM Comment Period End............. 11/28/16 .......................
Final Rule.......................... 10/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: David W. Loines, Area Director, Office of
Government Contracting, Small Business Administration, 409 Third Street
SW, Washington, DC 20416, Phone: 202 205-7311, Email:
[email protected].
RIN: 3245-AG69
202. National Defense Authorization Acts of 2016 and 2017, Rise After
Disaster Act of 2015, and Other Small Business Government Contracting
Amendments
E.O. 13771 Designation: Regulatory.
Legal Authority: 15 U.S.C. 637(d)(17); Pub. L. 114-328, sec. 1811,
sec. 1821; Pub. L. 114-92, sec. 863; Pub. L. 114-88, sec. 2108
Abstract: Section 1811 of the of the National Defense Authorization
Act
[[Page 29710]]
(NDAA) for Fiscal Year 2017, Public Law 114-328, Dec. 23, 2016, (NDAA)
of 2017 limits the scope of review of Procurement Center
Representatives for certain Department of Defense procurements
performed outside of the United States. Section 1821 of the NDAA of
2017 establishes that failure to act in good faith in providing timely
subcontracting reports shall be considered a material breach of the
contract. Section 863 of the NDAA for FY 2016, Public Law 114-92, Nov.
25, 2015, establishes procedures for the publication of acquisition
strategies if the acquisition involves consolidation or substantial
bundling. This rule also addresses changes requested by industry or
other agencies, including those pertaining to exclusions from
calculating compliance with the limitations on subcontracting, an
agency's ability to set aside orders under set-aside contracts, and a
contracting officer's authority to request reports on a prime
contractor's compliance with the limitations on subcontracting. Section
2108 of Public Law 114-88 provides agencies with double credit when
they award to a local small business in a disaster area.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/04/18 83 FR 62516
NPRM Comment Period End............. 02/04/19 .......................
Final Action........................ 12/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected].
RIN: 3245-AG86
203. Streamlining and Modernizing Certified Development Company Program
(504 Loan Program) Corporate Governance Requirements
E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 695 et seq.
Abstract: SBA is proposing to simplify, streamline, and update
SBA's regulations relating to CDC operational and organizational
requirements in order to improve efficiencies and achieve costs savings
without compromising performance in the 504 Loan Program. The proposed
changes include lowering the number of directors required for the CDC's
Board; clarifying that members of the Board must live or work in the
CDC's Area of Operations; eliminating the requirement that one Board
member represent the economic, community or workforce development
fields; eliminating the requirement that limits the number of Board
members in the commercial lending field to less than 50 percent of the
Board; increasing the 504 loan portfolio balance above which each CDC
must have its financial statements audited annually by a certified
public accountant, resulting in increased savings to CDCs without
creating undue risk; eliminating the requirement that a Multi-State CDC
establish a Loan Committee in each State into which it expands;
allowing a CDC to make a 504 loan outside its Area of Operation to an
affiliate of a business that the CDC previously assisted; allowing CDCs
that participate in the Premier Certified Lenders Program to base the
balance it is required to maintain in its Loan Loss Reserve Fund on a
declining balance methodology instead of the original principal amount;
and allowing CDCs to provide greater assistance to each other than
currently authorized under certain circumstances.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/15/19 84 FR 15147
Comment Period Ends................. 06/14/19 .......................
Final Rule.......................... 10/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Linda Reilly, Chief, 504 Loan Program, Small
Business Administration, 409 Third Street SW, Washington, DC 20416,
Phone: 202 205-9949, Email: [email protected].
RIN: 3245-AG97
204. Small Business Size Standards: Adjustment of Monetary
Based Size Standards for Inflation
E.O. 13771 Designation: Deregulatory
Legal Authority: 15 U.S.C. 632(a)
Abstract: In this interim final rule, the U.S. Small Business
Administration (SBA or Agency) adjusts all monetary based industry size
standards (i.e., receipts, assets, net worth, and net income) for
inflation since the last adjustment in 2014. In accordance with its
regulations in 13 CFR 121.102(c), SBA is required to review the effects
of inflation on its monetary standards at least once every five years
and adjust them, if necessary. In addition, the Small Business Jobs Act
of 2010 (Jobs Act) also requires SBA to conduct every five years a
detailed review of all size standards and to make appropriate
adjustments to reflect market conditions. This action will restore the
small business eligibility of businesses that have lost that status due
to inflation.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 06/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected].
RIN: 3245-AH17
[FR Doc. 2019-11728 Filed 6-21-19; 8:45 am]
BILLING CODE 8025-01-P
