[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Proposed Rules]
[Pages 21889-21897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8943]
[[Page 21889]]
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Part XVI
Small Business Administration
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###Semiannual Regulatory Agenda###
[[Page 21890]]
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 fall 2009 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completed, or withdrawn by SBA.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 fall 2009 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 media
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, and are linked to SBA's goals to improve the economic
environment for small business; drive business formation, job
growth, and economic expansion, particularly in underserved
markets; provide financial assistance to individuals and businesses
affected by disaster; and 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.
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. 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 rules that would be 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.
Dated: March 2, 2010.
Karen G. Mills,
Administrator.
Small Business Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
279 SBA Express Loan Program.............................................................. 3245-AF85
280 Implementation of Energy Independence and Security Act of 2007........................ 3245-AF86
281 Implementation of Military Reservist and Veteran Small Business Reauthorization and 3245-AF87
Opportunity Act of 2008...............................................................
282 Implementation of Small Business Disaster Response and Loan Improvement Act of 2008: 3245-AF88
Expedited Disaster Assistance Program.................................................
283 Implementation of Small Business Disaster Response and Loan Improvement Act of 2008: 3245-AF99
Private Loan Disaster Program.........................................................
284 Women's Business Center Program....................................................... 3245-AG02
285 Interest Rate--Resetting Fixed Interest Rate.......................................... 3245-AG03
286 504 Program Governance Regulations.................................................... 3245-AG04
287 Small Business Size Standards for Loan, Investment, and Surety Programs............... 3245-AG05
288 Women-Owned Small Business Federal Contract Program................................... 3245-AG06
289 Small Business Size Standards: Professional, Scientific and Technical Services........ 3245-AG07
[[Page 21891]]
290 Small Business Size Standards: Transportation and Warehousing Industries.............. 3245-AG08
----------------------------------------------------------------------------------------------------------------
Small Business Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
291 Lender Oversight Program.............................................................. 3245-AE14
292 8(a) Business Development............................................................. 3245-AF53
293 Small Business, Small Disadvantaged Business, HUBZone, and Service-Disabled Veteran- 3245-AF65
Owned Protest and Appeal Regulations..................................................
294 Small Business Size Standards: Retail Trade Industries................................ 3245-AF69
295 Small Business Size Standards: Other Services......................................... 3245-AF70
296 Small Business Size Standards: Accommodations and Food Service Industries............. 3245-AF71
297 Implementation of Small Business Disaster Response and Loan Improvement Act of 2008: 3245-AG00
Immediate Disaster Assistance Program.................................................
----------------------------------------------------------------------------------------------------------------
Small Business Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
298 Small Business Development Centers (SBDC) Program Revisions........................... 3245-AE05
----------------------------------------------------------------------------------------------------------------
Small Business Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
299 Women-Owned Small Business Federal Contract Assistance Procedures--Eligible Industries 3245-AF80
----------------------------------------------------------------------------------------------------------------
_______________________________________________________________________
Small Business Administration (SBA) Proposed Rule Stage
_______________________________________________________________________
279. SBA EXPRESS LOAN PROGRAM
Legal Authority: 15 USC 636(a)(31)
Abstract: SBA plans to issue regulations for the SBA Express loan
program codified in section 7(a)(31) of the Small Business Act. The SBA
Express loan program reduces the number of Government mandated forms
and procedures, streamlines the processing and reduces the cost of
smaller, less complex SBA loans. Particular features of the SBA Express
loan program include: (1) SBA Express loans carry a maximum SBA
guaranty of 50 percent; (2) a response to an SBA Express loan
application will be given within 36 hours; (3) lenders and borrowers
can negotiate the interest rate, which may not exceed SBA maximums; and
(4) qualified lenders may be granted authorization to make eligibility
determinations.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Grady Hedgespeth, Director, Office of Financial
Assistance, Small Business Administration, 409 Third Street SW,
Washington, DC 20416
Phone: 202 205-7562
Email: [email protected].
RIN: 3245-AF85
_______________________________________________________________________
280. IMPLEMENTATION OF ENERGY INDEPENDENCE AND SECURITY ACT OF 2007
Legal Authority: 15 USC 636(a)(32)
Abstract: SBA plans to issue regulations to implement the small
business energy provisions in the Energy Independence and Security Act
of 2007. The new regulations will provide guidance on several program
changes, including larger 504 loan limits to help small businesses
develop energy efficient technologies, investments in energy saving
small businesses, and an energy saving debenture program.
[[Page 21892]]
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: James W. Hammersley, Deputy Assistant Administrator,
Office of Policy and Strategic Planning, Small Business Administration,
409 Third Street SW, Washington, DC 20416
Phone: 202 205-6490
Email: [email protected]
RIN: 3245-AF86
_______________________________________________________________________
281. IMPLEMENTATION OF MILITARY RESERVIST AND VETERAN SMALL BUSINESS
REAUTHORIZATION AND OPPORTUNITY ACT OF 2008
Legal Authority: 15 USC 632(q); 15 USC 636(j)
Abstract: SBA plans to issue regulations to implement section 205 of
the Military Reservist and Veteran Small Business Reauthorization and
Opportunity Act. This Act provides that any time limitation on any
qualification, certification, or period of participation imposed under
the Small Business Act on any program that is available to small
business concerns shall be extended for a small business concern that
is owned and controlled by a veteran who was called or ordered to
active duty or a service-disabled veteran who became such a veteran due
to an injury or illness incurred or aggravated in the active military
duty. These regulations will provide guidance on tolling of time
limitations for veteran-owned small businesses.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Dean R. Koppel, Assistant Director, Office of Policy
and Research, Small Business Administration, 409 Third Street SW,
Washington, DC 20416
Phone: 202 205-7322
Fax: 202 481-1540
Email: [email protected]
RIN: 3245-AF87
_______________________________________________________________________
282. IMPLEMENTATION OF SMALL BUSINESS DISASTER RESPONSE AND LOAN
IMPROVEMENT ACT OF 2008: EXPEDITED DISASTER ASSISTANCE PROGRAM
Legal Authority: 15 USC 636(j)
Abstract: This proposed rule would establish and implement an expedited
disaster assistance business loan program under which the SBA will
guarantee short-term loans made by private lenders to eligible small
businesses located in a catastrophic disaster area. The maximum loan
amount is $150,000, and SBA will guarantee timely payment of principal
and interest to the lender. The maximum loan term is 180 days, and the
interest rate is limited to 300 basis points over the Federal funds
rate.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: James E. Rivera, Associate Administrator for Disaster
Assistance, Small Business Administration, 409 Third Street SW,
Washington, DC 20416
Phone: 202 619-0005
Fax: 202 205-7728
Email: [email protected]
RIN: 3245-AF88
_______________________________________________________________________
283. IMPLEMENTATION OF SMALL BUSINESS DISASTER RESPONSE AND LOAN
IMPROVEMENT ACT OF 2008: PRIVATE LOAN DISASTER PROGRAM
Legal Authority: 15 USC 636
Abstract: This proposed rule would establish and implement a private
disaster loan program under which SBA will guarantee loans made by
qualified lenders to eligible small businesses and homeowners located
in a catastrophic disaster area. Private disaster loans made under this
programs will have the same terms and conditions as SBA's direct
disaster loans. In addition, SBA will guarantee timely payment of
principal and interest to the lender. SBA may guarantee up to 85
percent of any loan under this program and the maximum loan amount is
$2 million.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: James E. Rivera, Associate Administrator for Disaster
Assistance, Small Business Administration, 409 Third Street SW,
Washington, DC 20416
Phone: 202 619-0005
Fax: 202 205-7728
Email: [email protected]
RIN: 3245-AF99
_______________________________________________________________________
284. WOMEN'S BUSINESS CENTER PROGRAM
Legal Authority: 15 USC 656
Abstract: SBA plans to issue regulations for the Women's Business
Center (WBC) Program. The WBC provides financial assistance to
organizations that provide management and technical assistance to small
business concerns owned and controlled by women, and to women wishing
to start a small business. The purpose of this proposed rule is to
codify a framework for the development, delivery, funding and
measurement of management and technical assistance projects conducted
by Women's Business Center program grantees.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Ana Harvey, Assistant Administrator, Office of Women's
Business Ownership, Small Business Administration, 409 3rd Street SW,
Washington, DC 20416
Phone: 202 205-6677
Email: [email protected]
RIN: 3245-AG02
_______________________________________________________________________
285. INTEREST RATE--RESETTING FIXED INTEREST RATE
Legal Authority: 15 USC 634
Abstract: SBA currently offers either a fixed or variable interest rate
for 7(a) loans. In addition to these rates, the Agency is working to
develop a shorter term fixed interest rate with the ability to be re-
set at periodic intervals. This
[[Page 21893]]
type of rate is currently available in the commercial market place and
will help provide additional options for small business borrowers. By
authorizing this option, SBA is recognizing a need to allow lenders to
utilize market opportunities. For example, SBA recently revised its
rules to allow the use of LIBOR.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Grady Hedgespeth, Director, Office of Financial
Assistance, Small Business Administration, 409 Third Street SW,
Washington, DC 20416
Phone: 202 205-7562
Email: [email protected].
RIN: 3245-AG03
_______________________________________________________________________
286. 504 PROGRAM GOVERNANCE REGULATIONS
Legal Authority: 15 USC 695 et seq
Abstract: The Small Business Investment Act of 1958 (the ``Act'')
authorizes SBA to assist development company financings of small
businesses in order to foster economic development and to create or
preserve job opportunities in both urban and rural areas. SBA intends
to propose a regulatory framework by analyzing the best CDC structure
to improve the growth of CDC's and their ability to provide capital to
small businesses by reducing the regulatory burden while maintaining
appropriate controls to mitigate risk, and to encourage the expansion
of CDC financings into communities not currently served. As part of
this project, SBA will review existing regulations to determine what
will be deleted or amended based upon the proposed regulatory
framework. Also, SBA will review existing CDC loan program regulations
unrelated to CDC corporate governance to identify any needed technical
changes and appropriate clarifications.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 09/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Grady Hedgespeth, Director, Office of Financial
Assistance, Small Business Administration, 409 Third Street SW,
Washington, DC 20416
Phone: 202 205-7562
Email: [email protected].
RIN: 3245-AG04
_______________________________________________________________________
287. SMALL BUSINESS SIZE STANDARDS FOR LOAN, INVESTMENT, AND SURETY
PROGRAMS
Legal Authority: 15 USC 632, 634(b)(6), 636(b), 637, 644, 662(5); PL
105-135, sec. 401 et seq.
Abstract: SBA currently sets different size standards for participation
in its financial assistance programs. 7(a) borrowers use the standards
set out for procurement programs or a temporary alternate standard; 504
borrowers may use the 7(a) standards or an alternate standard; SBIC
investment may be made to small businesses that qualify through another
standard; and Surety Bond program participants must meet still
different requirements. As part of an overall Agency program, SBA will
review financial program eligibility regulations in order to update
size eligibility requirements among these programs.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Khem Sharma, Division Chief, Division of Size
Standards, Office of Government Contracting/Business Development, Small
Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-7189
Fax: 202 205-6390
Email: [email protected]
RIN: 3245-AG05
_______________________________________________________________________
288. WOMEN-OWNED SMALL BUSINESS FEDERAL CONTRACT PROGRAM
Legal Authority: 15 USC 637(m)
Abstract: This proposed rule will establish regulations to implement
the Women-Owned Small Business (WOSB) Federal Contract Assistance
Program, authorized under section 8(m) of the Small Business Act.
Section 8(m) was enacted as part of Public Law 106-554 to provide a
targeted procurement mechanism to assist Federal agencies in achieving
the statutory goal of 5 percent for contracting with WOSBs. In
accordance with section 8(m), the new regulations would authorize
contracting officers to restrict competition to eligible WOSBs for
certain Federal contracts in industries in which SBA has determined
that WOSBs are underrepresented or substantially underrepresented in
Federal procurement. Also consistent with section 8(m), the authority
to restrict competition would be limited to contracts not exceeding $3
million, or $5 million in the case of manufacturing contracts. In
implementing section 8(m) the proposed regulations would further
provide: the eligible industries in which WOSBs are underrepresented or
substantially underrepresented; the specific eligibility requirements
for WOSBs to qualify for program participation; the procedures for
concerns to certify their eligibility; the process for SBA to verify
the continuing WOSB eligibility; the contractual and business
development assistance available under the program; the relevant
protest and appeal procedures; and the applicable penalties.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 03/04/10 75 FR 10030
NPRM Comment Period End 05/03/10
Final Action 10/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Dean R. Koppel, Assistant Director, Office of Policy
and Research, Small Business Administration, 409 Third Street SW,
Washington, DC 20416
Phone: 202 205-7322
Fax: 202 481-1540
Email: [email protected]
RIN: 3245-AG06
_______________________________________________________________________
289. SMALL BUSINESS SIZE STANDARDS: PROFESSIONAL,
SCIENTIFIC AND TECHNICAL SERVICES
Legal Authority: 15 USC 632(a)
Abstract: The U.S. Small Business Administration (SBA) proposes to
modify small business size standards for industries in the North
American Industry Classification System (NAICS)
[[Page 21894]]
Sector 54, Professional, Scientific and Technical Services. As part of
its ongoing initiative to review all size standards, SBA will evaluate
each industry in Sector 54 to determine whether the existing size
standards should be retained or revised. This is one of a series of
proposed rules that will examine industries grouped by an NAICS Sector.
SBA has applied its ``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 08/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Khem Raj Sharma, Chief, Office of Size Standards, Small
Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6390
Fax: 202 205-6390
Email: [email protected]
RIN: 3245-AG07
_______________________________________________________________________
290. SMALL BUSINESS SIZE STANDARDS: TRANSPORTATION
AND WAREHOUSING INDUSTRIES
Legal Authority: 15 USC 632(a)
Abstract: The U.S. Small Business Administration (SBA) proposes to
modify small business size standards for industries in the North
American Industry Classification System (NAICS) Sector 48-49,
Transportation and Warehousing Industries. As part of its ongoing
initiative to review all size standards, SBA will evaluate each
industry in Sector 48-49 to determine whether the existing size
standards should be retained or revised. This is one of a series of
proposed rules that will examine industries grouped by an NAICS Sector.
SBA has applied its ``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 08/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Khem Sharma, Division Chief, Division of Size
Standards, Office of Government Contracting/Business Development, Small
Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-7189
Fax: 202 205-6390
Email: [email protected]
RIN: 3245-AG08
_______________________________________________________________________
Small Business Administration (SBA) Final Rule Stage
_______________________________________________________________________
291. LENDER OVERSIGHT PROGRAM
Legal Authority: 15 USC 634(5)(b)(6),(b)(7),(b)(14),(h) and note;
687(f),697(e)(c)(8), and 650.
Abstract: This rule implements the Small Business Administration's
(SBA) statutory authority under the Small Business Reauthorization and
Manufacturing Assistance Act of 2004 (Reauthorization Act) to regulate
Small Business Lending Companies (SBLCs) and non-federally regulated
lenders (NFRLs). It also conforms SBA rules for the section 7(a)
Business Loan Program and the Certified Development Company (CDC)
Program.
In particular, this rule: (1) Defines SBLCs and NFRLs; (2) clarifies
SBA's authority to regulate SBLCs and NFRLs; (3) authorizes SBA to set
certain minimum capital standards for SBLCs, to issue cease and desist
orders, and revoke or suspend lending authority of SBLCs and NFRLs; (4)
establishes the Bureau of Premier Certified Lender Program Oversight in
the Office of Credit Risk management; (5) transfers existing SBA
enforcement authority over CDCs from the Office of Financial Assistance
to the appropriate official in the Office of Capital Access; and (6)
defines SBA's oversight and enforcement authorities relative to all SBA
lenders participating in the 7(a) and CDC programs and intermediaries
in the Microloan program.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 10/31/07 72 FR 61752
NPRM Comment Period Extended 12/20/07 72 FR 72264
NPRM Comment Period End 02/29/08
Interim Final Rule 12/11/08 73 FR 75498
Interim Final Rule Comment
Period End 03/11/09
Interim Final Rule Effective 01/12/09
Final Action 08/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Bryan Hooper, Director, Office of Credit Risk
Management, Small Business Administration, 409 Third Street SW,
Washington, DC 20416
Phone: 202 205-3049
Fax: 202 205-6831
Email: [email protected]
RIN: 3245-AE14
_______________________________________________________________________
292. 8(A) BUSINESS DEVELOPMENT
Legal Authority: 15 USC 634(b)(6), 636(j), 637(a) and (d)
Abstract: This rule proposes to make a number of changes to the
regulations governing the 8(a) Business Development (8(a) BD) Program
and several changes to SBA's size regulations. Some of the changes
involve technical issues, such as changing the term ``SIC code'' to
``NAICS code'' to reflect the national conversion to the North American
Industry Classification System. SBA has learned through experience that
certain of its rules governing the 8(a) BD program are too restrictive
and serve to unfairly preclude firms from being admitted to the
program. In other cases, SBA has determined that a rule is too
expansive or indefinite and has sought to restrict or clarify that
rule. Changes are also being proposed to correct past public or agency
misinterpretation. Also, new situations have arisen that were not
anticipated when the current rules were drafted and the proposed rule
seeks to cover those situations. Finally, one of the changes, involving
Native Hawaiian Organizations, implements recently enacted legislation.
[[Page 21895]]
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 10/28/09 74 FR 55694
NPRM Comment Period End 12/28/09
NPRM Comment Period Extended 12/09/09 74 FR 65040
Hearing; Tribal Consultation 12/07/09 74 FR 64026
Hearing 12/14/09 74 FR 66176
Hearing 01/11/10 75 FR 1296
NPRM Comment Period End 01/28/10
Final Action 08/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Joe Loddo, Associate Administrator, Office of Business
Development, Small Business Administration, 409 Third Street SW,
Washington, DC 20416
Phone: 202 205-7550
Email: [email protected]
RIN: 3245-AF53
_______________________________________________________________________
293. SMALL BUSINESS, SMALL DISADVANTAGED BUSINESS, HUBZONE, AND SERVICE-
DISABLED VETERAN-OWNED PROTEST AND APPEAL REGULATIONS.
Legal Authority: 15 USC 632; 15 USC 634
Abstract: SBA is proposing to standardize protest and appeal
regulations across all small business programs and clarify the effect
of a negative determination on the procurement in question. SBA's
proposed rule will clarify that an award should not be made to an
ineligible concern, and in cases where an award has been made prior to
an SBA final decision finding a business to be ineligible, the
contracting agency shall either terminate the contract, not exercise an
option, or not award further task or delivery orders to the ineligible
concern. SBA is also proposing to clarify how contracting officers
select NAICS codes for multiple award task and delivery order
contracts. The changes recommended were prompted by recent bid protest
litigation, a survey of cases handled by SBA's Government Contracting
Area Offices, and recent rulings by SBA's Office of Hearings and
Appeals.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 03/01/10 75 FR 9129
NPRM Comment Period End 03/31/10
Final Action 08/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Khem Sharma, Division Chief, Division of Size
Standards, Office of Government Contracting/Business Development, Small
Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-7189
Fax: 202 205-6390
Email: [email protected]
RIN: 3245-AF65
_______________________________________________________________________
294. SMALL BUSINESS SIZE STANDARDS: RETAIL TRADE INDUSTRIES
Legal Authority: 15 USC 632(a)
Abstract: The U.S. Small Business Administration (SBA) proposes to
increase small business size standards for 48 industries in North
American Industry Classification System (NAICS) Sector 44-45, Retail
Trade, and retain the current standards for the remaining 28 industries
in the Sector. As part of its ongoing initiative to review all size
standards, SBA has evaluated each industry in Sector 44-45 to determine
whether the existing size standards should be retained or revised. This
proposed rule is one of a series of proposals that will examine
industries grouped by an NAICS Sector. SBA has established its ``Size
Standards Methodology'' available on SBA's Web site at http://
www.sba.gov/size. SBA has applied its ``Size Standards Methodology'' to
this proposed rule.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 10/21/09 74 FR 53924
NPRM Comment Period End 12/21/09
Final Action 08/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Khem Sharma, Division Chief, Division of Size
Standards, Office of Government Contracting/Business Development, Small
Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-7189
Fax: 202 205-6390
Email: [email protected]
RIN: 3245-AF69
_______________________________________________________________________
295. SMALL BUSINESS SIZE STANDARDS: OTHER SERVICES
Legal Authority: 15 USC 632(a)
Abstract: The U.S. Small Business Administration (SBA) proposes to
increase the small business size standards for 18 industries in North
American Industry Classification System (NAICS) Sector 81, Other
Services, and retain the current standards for the remaining 30
industries in the Sector. As part of its ongoing initiative to review
all size standards, SBA has evaluated each industry in Sector 81 to
determine whether the existing size standards should be retained or
revised. This proposed rule is one of a series of proposals that will
examine industries grouped by an NAICS Sector. SBA has established its
``Size Standards Methodology'' available on SBA's website at http://
www.sba.gov/size. SBA has applied its ``Size Standards Methodology'' to
this proposed rule.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 10/21/09 74 FR 53941
NPRM Comment Period End 12/21/09
Final Action 08/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Khem Sharma, Division Chief, Division of Size
Standards, Office of Government Contracting/Business Development, Small
Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-7189
Fax: 202 205-6390
Email: [email protected]
RIN: 3245-AF70
_______________________________________________________________________
296. SMALL BUSINESS SIZE STANDARDS: ACCOMMODATIONS AND FOOD SERVICE
INDUSTRIES
Legal Authority: 15 USC 632(a)
Abstract: The U.S. Small Business Administration (SBA) proposes to
increase small business size standards for five industries in North
American Industry Classification System (NAICS) Sector 72,
Accommodation and Food Services--namely NAICS 721110,
[[Page 21896]]
Hotels and Motels, from $7.0 million to $30 million; NAICS 721120,
Casino Hotels, from $7.0 million to $30 million; NAICS 722211, Limited
Service Restaurants, from $7.0 million to $10 million; NAICS 722212,
Cafeterias, from $7.0 million to $25.5 million; and NAICS 722310, Food
Service Contractors, from $20.5 million to $35.5 million. As part of
its ongoing initiative to review all size standards, SBA has evaluated
each industry in Sector 72 to determine whether the existing size
standards should be retained or revised. This proposed rule is one of a
series of proposals that will examine industries grouped by an NAICS
Sector. SBA has established its ``Size Standards Methodology''
available on SBA's Web site at http: //www.sba.gov/size. SBA has
applied its ``Size Standards Methodology'' to this proposed rule.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 10/21/09 74 FR 53913
NPRM Comment Period End 12/21/09
Final Action 08/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Khem Sharma, Division Chief, Division of Size
Standards, Office of Government Contracting/Business Development, Small
Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-7189
Fax: 202 205-6390
Email: [email protected]
RIN: 3245-AF71
_______________________________________________________________________
297. IMPLEMENTATION OF SMALL BUSINESS DISASTER RESPONSE AND LOAN
IMPROVEMENT ACT OF 2008: IMMEDIATE DISASTER ASSISTANCE PROGRAM
Legal Authority: 15 USC 636(b), 636(c), 636(d)
Abstract: This proposed rule would establish and implement an immediate
disaster assistance bridge loan program under which SBA will guarantee
loans made by private lenders to eligible businesses located in a
disaster area that also apply for a loan under SBA's direct disaster
loan program or new private disaster loan program. SBA may guarantee 85
percent of any loan under this program and the maximum loan amount is
$25,000. SBA will process applications for immediate disaster
assistance bridge loans within 36 hours of receipt.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 08/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: James E. Rivera, Associate Administrator for Disaster
Assistance, Small Business Administration, 409 Third Street SW,
Washington, DC 20416
Phone: 202 619-0005
Fax: 202 205-7728
Email: [email protected]
RIN: 3245-AG00
_______________________________________________________________________
Small Business Administration (SBA) Long-Term Actions
_______________________________________________________________________
298. SMALL BUSINESS DEVELOPMENT CENTERS (SBDC) PROGRAM REVISIONS
Legal Authority: 15 USC 634(b)(6); 15 USC 648
Abstract: This rule would update Small Business Deveopment Center
(SBDC) program regulations. This rule would amend: (1) procedures for
approving and funding of SBDCs; (2) approval procedures for travel
outside the continental U.S. and U.S. territories; (3) procedures and
requirements regarding findings and disputes resulting from financial
exams, programmatic reviews, accreditation reviews, and other SBA
oversight activities; (4) requirements for new and renewal applications
for SBDC awards, including the requirements for electronic submission
through the approved electronic Government submission facility; and (5)
provisions regarding the collection and use of individual SBDC client
data.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/00/11
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Antonio Doss
Phone: 202 205-6766
Email: [email protected]
RIN: 3245-AE05
_______________________________________________________________________
Small Business Administration (SBA) Completed Actions
_______________________________________________________________________
299. WOMEN-OWNED SMALL BUSINESS FEDERAL CONTRACT ASSISTANCE PROCEDURES--
ELIGIBLE INDUSTRIES
Legal Authority: 15 USC 637(m)
Abstract: SBA plans to withdraw this proposed rule and promulgate a new
rule in order to establish and implement an effective WOSB procurement
program. The new rule, titled ``Women-Owned Small Business Federal
Contract Program'' is identified as RIN 3245-AG06. SBA is committed to
moving forward to implement a successful WOSB procurement program.
Completed:
________________________________________________________________________
Reason Date FR Cite
________________________________________________________________________
Withdrawal and New Rule 03/04/10 75 FR 10030
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Dean R. Koppel
Phone: 202 205-7322
Fax: 202 481-1540
[[Page 21897]]
Email: [email protected]
RIN: 3245-AF80
[FR Doc. 2010-8943 Filed 04-23-10; 8:45 am]
BILLING CODE 8025-01-S