Semiannual Regulatory Agenda

As Enacted ( Federal Register)

Cited in

Published date	22 February 2023
Record Number	2023-02035
Court	Small Business Administration
Section	Proposed rules

11302

Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda

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 rulemakings 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 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 Daniel Kane, U.S. Small

Business Administration, 409 Third

Street SW, Washington, DC 20416; (202)

744–2509; Daniel.Kane@sba.gov. This

phone number can also be reached by

individuals who are deaf or hard of

hearing, or who have speech

disabilities, through the Federal

Communications Commission’s TTY-

Based Telecommunications Relay

Service teletype service at 711.

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

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 unified

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.

Isabella Casillas Guzman,

Administrator.

MALL

USINESS

DMINISTRATION

—P

ROPOSED

ULE

TAGE

Sequence No. Title Regulation

Identifier No.

446 .................... Small Business Development Center Program Revisions .............................................................................. 3245–AE05

447 .................... Small Business Size Standards; Alternative Size Standard for 7(a), 504, and Disaster Loan Programs ...... 3245–AG16

448 .................... National Defense Authorization Act of 2020, Credit for Lower Tier Subcontracting and Other Amendments 3245–AH28

449 .................... Small Business Lending Company (SBLC) Moratorium Rescission and Removal of the Requirement for a

Loan Authorization. 3245–AH92

450 .................... Affiliation in Small Business Procurement Programs; Women-Owned Small Business Program .................. 3245–AH97

MALL

USINESS

DMINISTRATION

—F

INAL

ULE

TAGE

Sequence No. Title Regulation

Identifier No.

451 .................... Small Business Timber Set-Aside Program .................................................................................................... 3245–AG69

452 .................... Small Business Size Standards: Manufacturing and Industries With Employee Based Size Standards in

Other Sectors Except Wholesale Trade and Retail Trade. 3245–AH09

453 .................... Small Business Size Standards: Adjustment of Monetary Based Size Standards for Inflation ...................... 3245–AH17

454 .................... Small Business Size Standards: Adjustment of Monetary Based Size Standards, Disadvantage Thresh-

olds, and 8(a) Eligibility Thresholds for Inflation. 3245–AH93

MALL

USINESS

DMINISTRATION

—C

OMPLETED

CTIONS

Sequence No. Title Regulation

Identifier No.

455 .................... Small Business Size Standards: Wholesale Trade and Retail Trade ............................................................. 3245–AH10

456 .................... Small Business Size Standards: Adoption of 2022 North American Industry Classification System for Size

Standards. 3245–AH89

SMALL BUSINESS ADMINISTRATION

(SBA)

Proposed Rule Stage

446. Small Business Development

Center Program Revisions [3245–AE05]

Legal Authority: 15 U.S.C. 634(b)(6);

15 U.S.C. 648

Abstract: This rule proposes to update

the Small Business Development Center

(SBDC) program regulations by

proposing to amend: (1) procedures for

approving when a new Lead SBDC

Center Director is selected; (2)

procedures and requirements regarding

findings and disputes resulting from

financial exams, programmatic reviews,

accreditation reviews, and other SBA

oversight activities; (3) procedures

regarding the determination to affect

suspension, termination or non-renewal

of an SBDC’s cooperative agreement;

and (4) provisions regarding the

collection and use of the individual

SBDC client data.

Timetable:

Action Date FR Cite

ANPRM ............... 04/02/15 80 FR 17708

ANPRM Comment

Period End. 06/01/15

NPRM .................. 01/00/23

Regulatory Flexibility Analysis

Required: Yes.

Agency Contact: Rachel Newman-

Karton, Program Manager, Small

Business Administration, 409 Third

Street SW, Washington, DC 20416,

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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda

Phone: 202– 619–1816, Email:

rachel.newman-karton@sba.gov.

RIN: 3245–AE05

447. Small Business Size Standards;

Alternative Size Standard for 7(a), 504,

and Disaster Loan Programs [3245–

AG16]

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 .................. 05/00/23

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: khem.sharma@

sba.gov.

RIN: 3245–AG16

448. National Defense Authorization

Act of 2020, Credit for Lower Tier

Subcontracting and Other Amendments

[3245–AH28]

Legal Authority: Pub. L. 116–92

Abstract: Section 870 of the National

Defense Authorization Act of 2020

(NDAA 2020) made a change that will

require SBA to amend its regulations.

Specifically, the language of NDAA

2020 requires SBA to alter the method

and means of accounting for lower tier

small business subcontracting. This

proposed rule may also contain several

smaller changes that might be necessary

to implement this provision and other

provisions in NDAA 2020.

Timetable:

Action Date FR Cite

NPRM .................. 02/00/23

Regulatory Flexibility Analysis

Required: Yes.

Agency Contact: Brenda J. Fernandez,

Analyst, Office of Policy, Planning and

Liaison, Small Business Administration,

409 Third Street SW, Washington, DC

20416, Phone: 202–205–7337, Email:

brenda.fernandez@sba.gov.

RIN: 3245–AH28

449. Small Business Lending Company

(SBLC) Moratorium Rescission and

Removal of the Requirement for a Loan

Authorization [3245–AH92]

Legal Authority: Sec. 3(r) and 7(a) of

the Small Business Act

Abstract: SBA intends to publish a

notice of proposed rulemaking in order

to receive comments from the public

and the lending industry regarding the

proposal to lift the moratorium on

permitting new Small Business Lending

Companies (SBLC). SBA intends to also

propose removal of duplicative forms

and other collections of information for

the Agency’s business loan programs.

Timetable:

Action Date FR Cite

NPRM .................. 11/07/22 87 FR 66936

NPRM Comment

Period End. 01/06/23

Final Rule ............ 04/00/23

Regulatory Flexibility Analysis

Required: Yes.

Agency Contact: Dianna L. Seaborn,

Director, Office of Financial Assistance,

Small Business Administration, 409

Third Street SW, Washington, DC

20416, Phone: 202–205–3645, Email:

dianna.seaborn@sba.gov.

RIN: 3245–AH92

450. • Affiliation in Small Business

Procurement Programs; Women-Owned

Small Business Program [3245–AH97]

Legal Authority: 15 U.S.C. 632(a); 15

U.S.C. 637(m)

Abstract: Following revisions to the

requirements in SBA’s 8(a) Business

Development and Service-Disabled

Veteran-Owned Small Business

programs, SBA is issuing conforming

revisions to its affiliation rules that

govern all of the small-business

procurement programs and to the

Women-Owned Small Business

program. These revisions will ensure

consistent requirements for ownership

and control across SBA’s procurement

programs.

Timetable:

Action Date FR Cite

NPRM .................. 09/00/23

Regulatory Flexibility Analysis

Required: Yes.

Agency Contact: Sam Le, Director,

Office of Policy Planning and Liaison,

Office of Government Contracting and

Business Devel, Small Business

Administration, 409 3rd Street SW,

Washington, DC 20416, Phone: 202–

619–1789.

RIN: 3245–AH97

SMALL BUSINESS ADMINISTRATION

(SBA)

Final Rule Stage

451. Small Business Timber Set-Aside

Program [3245–AG69]

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 ............ 11/00/23

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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda

Regulatory Flexibility Analysis

Required: Yes.

Agency Contact: Sam Le, Director,

Office of Policy Planning and Liaison,

Office of Government Contracting and

Business Devel, Small Business

Administration, 409 3rd Street SW,

Washington, DC 20416, Phone: 202–

619–1789.

RIN: 3245–AG69

452. Small Business Size Standards:

Manufacturing and Industries With

Employee Based Size Standards in

Other Sectors Except Wholesale Trade

and Retail Trade [3245–AH09]

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 .................. 04/26/22 87 FR 24752

NPRM Comment

Period End. 06/27/22

Final Rule ............ 03/00/23

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: khem.sharma@

sba.gov.

RIN: 3245–AH09

453. Small Business Size Standards:

Adjustment of Monetary Based Size

Standards for Inflation [3245–AH17]

Legal Authority: 15 U.S.C. 632(a)

Abstract: In this final rule, the U.S.

Small Business Administration (SBA or

Agency) adjusts all monetary based

industry size standards (i.e., receipts,

assets, net worth, and net income) for

inflation since the last adjustment in

2014. In accordance with its regulations

in 13 CFR 121.102(c), SBA is required

to review the effects of inflation on its

monetary standards at least once every

five years and adjust them, if necessary.

In addition, the Small Business Jobs Act

of 2010 (Jobs Act) also requires SBA to

conduct every five years a detailed

review of all size standards and to make

appropriate adjustments to reflect

market conditions. This action will

restore the small business eligibility of

businesses that have lost that status due

to inflation.

Timetable:

Action Date FR Cite

Interim Final Rule 07/18/19 84 FR 34261

Interim Final Rule

Effective. 08/19/19

Interim Final Rule

Comment Pe-

riod End.

09/16/19

Final Action ......... 12/00/22

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: khem.sharma@

sba.gov.

RIN: 3245–AH17

454. Small Business Size Standards:

Adjustment of Monetary Based Size

Standards, Disadvantage Thresholds,

and 8(a) Eligibility Thresholds for

Inflation [3245–AH93]

Legal Authority: 15 U.S.C. 632(a); 15

U.S.C. 637(a)(6)(A)

Abstract: SBA intends to issue this

rulemaking to adjust its monetary small

business size standards (i.e., receipts,

net income, net worth, and financial

assets) for the effects of inflation that

have occurred since the last inflation

adjustment, which was effective on

August 19, 2019. SBA is required by its

regulations in 13 CFR 121.102(c) to

review the effects of inflation on its

monetary standards at least once every

five years. As in previous adjustments,

SBA will apply the Gross Domestic

Product (GDP) price index as a measure

of inflation. This action will restore

small business eligibility to businesses

that have lost that status due to

inflation.

In addition, SBA intends to adjust

other monetary thresholds in its

regulations that are otherwise not

adjusted for inflation under FAR 1.109.

These thresholds primarily are those

used in the 8(a) Business Development

and the Economically Disadvantaged

Women-Owned Small Business

(EDWOSB) programs to determine

economic disadvantage. Others are used

to maintain eligibility for the 8(a)

program. In some cases, these

thresholds have not been adjusted for 25

years. This action will permit small

businesses to retain eligibility as

economically disadvantaged and

eligible for the 8(a) program, despite an

increase in inflation.

SBA will publicize the rule via the

Small Business Procurement Advisory

Council, the Integrated Acquisition

Environment, fbo.gov, press releases,

publication of this rule in the Federal

and the size standards website at

www.sba.gov/size.

Timetable:

Action Date FR Cite

Interim Final Rule 11/17/22 87 FR 69118

Interim Final Rule

Effective. 12/19/22

Interim Final Rule

Comment Pe-

riod End.

01/17/23

Final Rule ............ 03/00/23

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: khem.sharma@

sba.gov.

RIN: 3245–AH93

SMALL BUSINESS ADMINISTRATION

(SBA)

Completed Actions

455. Small Business Size Standards:

Wholesale Trade and Retail Trade

[3245–AH10]

Legal Authority: 15 U.S.C. 632(a)

Abstract: The Small Business Jobs Act

of 2010 (Jobs Act) requires SBA to

conduct every five years a detailed

review of all size standards and to make

appropriate adjustments to reflect

market conditions. As part of the second

5-year review of size standards under

the Jobs Act, in this proposed rule, SBA

will evaluate all industries in North

American Industry Classification

System (NAICS) Sector 42 (Wholesale

Trade) and Sector 44–45 (Retail Trade)

and make necessary adjustments to their

size standards. This is one of a series of

proposed rules that will examine groups

of NAICS sectors. SBA will apply its

revised Size Standards Methodology,

which is available on its website at

http://www.sba.gov/size, to this

proposed rule.

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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda

Completed:

Reason Date FR Cite

Final Rule ............ 06/14/22 87 FR 35869

Final Rule Effec-

tive. 07/14/22

Regulatory Flexibility Analysis

Required: Yes.

Agency Contact: Khem Raj Sharma,

Phone: 202 205–7189, Fax: 202 205–

6390, Email: khem.sharma@sba.gov.

RIN: 3245–AH10

456. Small Business Size Standards:

Adoption of 2022 North American

Industry Classification System for Size

Standards [3245–AH89]

Legal Authority: 15 U.S.C. 632(a)

Abstract: This will amend SBA’s

Small Business Size Regulations by

incorporating the Office of Management

and Budget’s (OMB) 2022 revision of the

North American Industry Classification

System (NAICS) into its table of small

business size standards. NAICS 2022

created 111 new industries involving

147 NAICS 2017 industries in 11

Sectors, mostly in Sector 44–45 (Retail

Trade), followed by Sector 31–33

(Manufacturing), and Sector 51

(Information). Of the 111 new

industries, 79 were formed by merging

two or more of 124 industries or their

parts. In addition, the NAICS 2022

revised titles, 6-digit codes, or

definitions of the 32 other NAICS 2017

industries or their parts. As a result, the

size standards for some existing

industries or parts will change. Similar

to the adoptions of prior OMB revisions

to NAICS in 2002, 2007, 2012, and 2017,

SBA will adopt the NAICS 2022

revision to its table of size standards,

effective the beginning of the Federal

government’s new fiscal year (October 1,

2022).

Completed:

Reason Date FR Cite

NPRM .................. 07/05/22 87 FR 40034

Final Rule ............ 09/29/22 87 FR 59240

Final Rule Effec-

tive. 10/01/22

Regulatory Flexibility Analysis

Required: Yes.

Agency Contact: Khem Raj Sharma,

Phone: 202 205–7189, Fax: 202 205–

6390, Email: khem.sharma@sba.gov.

RIN: 3245–AH89

[FR Doc. 2023–02035 Filed 2–21–23; 8:45 am]

BILLING CODE 8026–03–P

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Semiannual Regulatory Agenda

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