Semiannual Regulatory Agenda, January 8, 2013 — U.S. Small Business Administration
Archived source: Semiannual Regulatory Agenda, January 8, 2013 — U.S. Small Business Administration. Captured from www.govinfo.gov.
Cited in: Martin "Sparky" Conrey
Full text
1636 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda
SMALL BUSINESS ADMINISTRATION General complete Unified Agenda will be
Please direct general comments or available online at www.reginfo.gov in a
13 CFR Ch. I inquiries to Martin ‘‘Sparky’’ Conrey, format that greatly enhances a user’s
Assistant General Counsel for ability to obtain information about the
Semiannual Regulatory Agenda
Legislation and Appropriations, U.S. rules in the agency’s Agenda.
AGENCY: U.S. Small Business Small Business Administration, 409 The Regulatory Flexibility Act (RFA)
Administration (SBA). Third Street SW., Washington, DC also requires federal agencies to publish
ACTION: Semiannual Regulatory Agenda. 20416, (202) 619–0638, their regulatory flexibility agendas in
martin.conrey@sba.gov. the Federal Register. A regulatory
SUMMARY: This Regulatory Agenda is a
semiannual summary of all current and Specific flexibility agenda contains only those
projected rulemakings, existing Please direct specific comments and rules listed in the semi-annual agenda
regulations, and completed actions of inquiries on individual regulatory that are likely to have a significant
the Small Business Administration activities identified in this agenda to the economic impact on a substantial
(SBA). For this fall edition of the SBA’s individual listed in the summary of the number of small entities, and those
Regulatory Agenda, a Regulatory Plan regulation as the point of contact for rules identified for periodic review in
that contains a list of the Agency’s most that regulation. keeping with the requirements of
important and significant regulatory SUPPLEMENTARY INFORMATION: SBA section 610 of the RFA. This regulatory
actions and a Statement of Regulatory provides this notice under the flexibility agenda may be combined
Priorities is also included. This plan requirements of the Regulatory with any other agenda. Therefore, SBA’s
appears in both the online Unified Flexibility Act, 5 U.S.C. sections 601 to Fall 2012 Regulatory Agenda includes,
Agenda and in part II of the Federal 612 and Executive Order 12866, as a subset, those regulatory actions that
Register editions that include the ‘‘Regulatory Planning and Review,’’ are in the SBA’s regulatory flexibility
abbreviated Unified Agenda. which require each agency to publish a agenda. Printing of these entries is
This agenda provides the public with semiannual agenda of regulations. The limited to fields that contain
information about SBA’s regulatory Regulatory Agenda is a summary of all information required by the RFA
activity. SBA invites the public to current and projected rulemakings requirements. Additional information
submit comments on any aspect of this during the coming one-year period, as on these entries is available in the
Agenda. SBA expects that providing well as actions completed since the Unified Agenda published on the
early information about pending publication of the last Regulatory Internet.
regulatory activities would encourage Agenda for the agency.
more effective public participation in Beginning with the fall 2007 edition, Dated: September 13, 2012.
this process. the Internet became the basic means for Karen G. Mills,
FOR FURTHER INFORMATION CONTACT: disseminating the Unified Agenda. The Administrator.
SMALL BUSINESS ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Sequence No. Title Identifier No.
380 .................... Small Business Development Centers (SBDC) Program Revisions ............................................................... 3245–AE05
381 .................... SBA Express Loan Program; Export Express Program .................................................................................. 3245–AF85
382 .................... Implementation of Small Business Disaster Response and Loan Improvement Act of 2008: Expedited Dis- 3245–AF88
aster Assistance Program.
383 .................... Implementation of Small Business Disaster Response and Loan Improvement Act of 2008: Private Loan 3245–AF99
Disaster Program.
384 .................... Women’s Business Center Program ................................................................................................................ 3245–AG02
385 .................... 504 and 7(a) Regulatory Enhancements (Reg Plan Seq No. 98) .................................................................. 3245–AG04
386 .................... Small Business Jobs Act: Small Business Size Standards; Alternative Size Standard for 7(a) and 504 3245–AG16
Business Loan Programs.
387 .................... Small Business Jobs Act: Small Business Mentor-Protégé Programs (Reg Plan Seq No. 99) .................... 3245–AG24
388 .................... Small Business HUBZone Program ................................................................................................................. 3245–AG38
389 .................... Agent Revocation and Suspension Procedures .............................................................................................. 3245–AG40
390 .................... Small Business Size Standards: Mining, Quarrying, and Oil and Gas Extraction .......................................... 3245–AG44
391 .................... Small Business Size Standards for Wholesale Trade ..................................................................................... 3245–AG49
392 .................... Small Business Size Standards for Manufacturing ......................................................................................... 3245–AG50
393 .................... Small Business Size Standards for Other Industries With Employee-Based Size Standards not Part of 3245–AG51
Manufacturing or Wholesale Trade.
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
SMALL BUSINESS ADMINISTRATION—FINAL RULE STAGE
Regulation
Sequence No. Title Identifier No.
mstockstill on DSK4VPTVN1PROD with
394 .................... Lender Oversight Program ............................................................................................................................... 3245–AE14
395 .................... Small Business Technology Transfer (STTR) Policy Directive (Reg Plan Seq No. 100) .............................. 3245–AF45
396 .................... Small Business Innovation Research (SBIR) Program Policy Directive (Reg Plan Seq No. 101) ................ 3245–AF84
397 .................... Acquisition Process: Task and Delivery Order Contracts, Bundling, Consolidation (Reg Plan Seq No. 3245–AG20
102).
398 .................... Small Business Jobs Act: Subcontract Integrity .............................................................................................. 3245–AG22
VerDate Mar<15>2010 20:28 Jan 07, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\08JAP18.SGM 08JAP18
Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1637
SMALL BUSINESS ADMINISTRATION—FINAL RULE STAGE—Continued
Regulation
Sequence No. Title Identifier No.
399 .................... Small Business Jobs Act: Small Business Size and Status Integrity .............................................................. 3245–AG23
400 .................... Small Business Size Standards for Utilities ..................................................................................................... 3245–AG25
401 .................... Small Business Size Standards: Arts, Entertainment, and Recreation ........................................................... 3245–AG36
402 .................... Small Business Size Standards: Construction ................................................................................................ 3245–AG37
403 .................... Small Business Size Standards: Agriculture, Forestry, Fishing, and Hunting ................................................ 3245–AG43
404 .................... Small Business Size Standards: Finance and Insurance; Management of Companies and Enterprises ...... 3245–AG45
405 .................... Small Business Size Regulations, Small Business Innovation Research (SBIR) Program and Small Busi- 3245–AG46
ness Technology Transfer (STTR) Program.
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
SMALL BUSINESS ADMINISTRATION—COMPLETED ACTIONS
Regulation
Sequence No. Title Identifier No.
406 .................... Small Business Size Standards; Information ................................................................................................... 3245–AG26
407 .................... Small Business Size Standards; Administrative and Support, Waste Management and Remediation Serv- 3245–AG27
ices.
408 .................... Small Business Size Standards: Real Estate, Rental and Leasing ................................................................ 3245–AG28
409 .................... Small Business Size Standards: Educational Services ................................................................................... 3245–AG29
410 .................... Small Business Size Standards: Health Care and Social Assistance ............................................................ 3245–AG30
411 .................... Small Business Investment Companies—Early Stage SBICs ......................................................................... 3245–AG32
SMALL BUSINESS ADMINISTRATION Phone: 202 205–7159, Fax: 202 481– Regulatory Flexibility Analysis
(SBA) 2613, Email: chancy.lyford@sba.gov. Required: Yes.
RIN: 3245–AE05 Agency Contact: Grady Hedgespeth,
Proposed Rule Stage Director, Office of Financial Assistance,
380. Small Business Development 381. SBA Express Loan Program; Small Business Administration, 409
Centers (SBDC) Program Revisions Export Express Program Third Street SW., Washington, DC
Legal Authority: 15 U.S.C. 636(a)(31) 20416, Phone: 202 205–7562, Fax: 202
Legal Authority: 15 U.S.C. 634(b)(6);
and (35) 481–0248, Email:
15 U.S.C. 648
Abstract: This rule would update grady.hedgespeth@sba.gov.
Abstract: SBA plans to issue RIN: 3245–AF85
Small Business Development Center regulations for the SBA Express loan
(SBDC) program regulations by program codified in section 7(a)(31) of 382. Implementation of Small Business
amending among other things, the: (1) the Small Business Act. The SBA Disaster Response and Loan
procedures for approving and funding of Express loan program reduces the Improvement Act of 2008: Expedited
SBDCs; (2) approval procedures for number of Government mandated forms Disaster Assistance Program
travel outside the continental U.S. and and procedures, streamlines the Legal Authority: 15 U.S.C. 636(j)
U.S. territories; (3) procedures and processing and reduces the cost of Abstract: This proposed rule would
requirements regarding findings and smaller, less complex SBA loans. establish and implement an expedited
disputes resulting from financial exams, Particular features of the SBA Express disaster assistance business loan
programmatic reviews, accreditation loan program include: (1) SBA Express program under which the SBA will
reviews, and other SBA oversight loans carry a maximum SBA guaranty of guarantee short-term loans made by
activities; (4) requirements for new and 50 percent; (2) a response to an SBA private lenders to eligible small
renewal applications for SBDC awards, Express loan application will be given businesses located in a catastrophic
including the requirements for within 36 hours; (3) lenders and disaster area. The maximum loan
electronic submission through the borrowers can negotiate the interest rate, amount is $150,000, and SBA will
approved electronic Government which may not exceed SBA maximums; guarantee timely payment of principal
submission facility; and (5) provisions and (4) qualified lenders may be granted and interest to the lender. The
regarding the collection and use of authorization to make eligibility maximum loan term will be 180 days,
individual SBDC client data. determinations. SBA also plans to issue and the interest rate will be limited to
Timetable: regulations for the Export Express 300 basis points over the Federal funds
Program codified at 7(a)(35) of the Small rate.
Action Date FR Cite Business Act. The Export Express Timetable:
Program, made permanent by the Small
NPRM .................. 06/00/13 Action Date FR Cite
Business Jobs Act, makes guaranteed
Regulatory Flexibility Analysis financing available for export
NPRM .................. 04/00/13
Required: Yes. development activities.
mstockstill on DSK4VPTVN1PROD with
Agency Contact: John C. Lyford, Timetable: Regulatory Flexibility Analysis
Deputy Associate Administrator, Office Required: Yes.
of Small Development Centers, Small Action Date FR Cite Agency Contact: Grady Hedgespeth,
Business Administration, 409 Third NPRM .................. 06/00/13
Director, Office of Financial Assistance,
Street SW., Washington, DC 20416, Small Business Administration, 409
VerDate Mar<15>2010 20:28 Jan 07, 2013 Jkt 229001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\08JAP18.SGM 08JAP18
1638 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda
Third Street SW., Washington, DC among other things, the eligibility Regulatory Flexibility Analysis
20416, Phone: 202 205–7562, Fax: 202 criteria for selection as a WBC, use of Required: Yes.
481–0248, Email: federal funds, standards for effectively Agency Contact: Dr. Khem Raj
grady.hedgespeth@sba.gov. carrying out program duties and Sharma, Chief, Office of Size Standards,
RIN: 3245–AF88 responsibilities, and the requirements Small Business Administration, 409
for reporting on financial and Third Street SW., Washington, DC
383. Implementation of Small Business 20416, Phone: 202 205–7189, Fax: 202
programmatic performance.
Disaster Response and Loan 205–6390, Email:
Improvement Act of 2008: Private Loan Timetable:
khem.sharma@sba.gov.
Disaster Program RIN: 3245–AG16
Action Date FR Cite
Legal Authority: 15 U.S.C. 636 387. Small Business Jobs Act: Small
Abstract: This proposed rule would NPRM .................. 09/00/13
Business Mentor-Protégé Programs
establish and implement a private
disaster loan program under which SBA Regulatory Flexibility Analysis Regulatory Plan: This entry is Seq.
will guarantee loans made by qualified Required: Yes. No. 99 in part II of this issue of the
lenders to eligible small businesses and Agency Contact: Ana Harvey, Federal Register.
homeowners located in a catastrophic Assistant Administrator, Office of RIN: 3245–AG24
disaster area. Private disaster loans Women’s Business Ownership, Small 388. Small Business Hubzone Program
made under this programs will have the Business Administration, 409 3rd Street
Legal Authority: 15 U.S.C. 657a
same terms and conditions as SBA’s SW., Washington, DC 20416, Phone: 202 Abstract: SBA has been reviewing its
direct disaster loans. In addition, SBA 205–6677, Email: ana.harvey@sba.gov. processes and procedures for
will guarantee timely payment of RIN: 3245–AG02 implementing the HUBZone program
principal and interest to the lender. SBA and has determined that several of the
385. 504 and 7(A) Regulatory
may guarantee up to 85 percent of any regulations governing the program
Enhancements
loan under this program and the should be amended in order to resolve
maximum loan amount is $2 million. Regulatory Plan: This entry is Seq. certain issues that have arisen. As a
Timetable: No. 98 in part II of this issue of the result, the proposed rule would
Federal Register. constitute a comprehensive revision of
Action Date FR Cite RIN: 3245–AG04 part 126 of SBA’s regulations to clarify
NPRM .................. 06/00/13 386. Small Business Jobs Act: Small current HUBZone Program regulations,
Business Size Standards; Alternative and implement various new procedures.
Regulatory Flexibility Analysis Size Standard for 7(A) and 504 These planned amendments will serve
Required: Yes. Business Loan Programs to streamline the HUBZone program and
Agency Contact: Grady Hedgespeth, ease program eligibility requirements,
Legal Authority: Pub. L. 111–240, sec particularly those that the small
Director, Office of Financial Assistance,
1116 business concerns perceive to be
Small Business Administration, 409
Third Street SW., Washington, DC Abstract: SBA will amend its size burdensome. In developing this
20416, Phone: 202 205–7562, Fax: 202 eligibility criteria for Business Loans proposed rule, SBA will focus on the
481–0248, Email: and for development company loans principles of Executive Order 13563 to
grady.hedgespeth@sba.gov. under title V of the Small Business determine whether portions of
RIN: 3245–AF99 Investment Act (504). For the SBA 7(a) regulations should be modified,
Business Loan Program, the streamlined, expanded or repealed to
384. Women’s Business Center Program amendments will provide an alternative make the HUBZone program more
Legal Authority: 15 U.S.C. 631; 15 size standard for loan applicants that do effective and/or less burdensome on
U.S.C. 656 not meet the small business size small business concerns. At the same
Abstract: SBA’s Office of Women’s standards for their industries. For the time, SBA will maintain a framework
Business Ownership (OWBO) oversees a 504 Program, the amendments will that helps identify and reduce waste,
network of SBA-funded Women’s increase the current alternative standard fraud and abuse in the program.
Business Centers (WBCs) throughout the for applicants for 504 loans. The Small Timetable:
United States and its territories. WBCs Business Jobs Act of 2010 (Jobs Act)
provide management and technical established alternative size standards Action Date FR Cite
assistance to small business concerns that apply to both of these programs
until the SBA’s Administrator NPRM .................. 10/00/13
both nascent and established, with a
focus on such businesses that are owned establishes other alternative size
standards. This interim final rule will be Regulatory Flexibility Analysis
and controlled by women, or on women Required: Yes.
planning to start a business, especially effective when published because the
alternative size standards that the Jobs Agency Contact: Mariana Pardo,
women who are economically or Deputy Director, Office of Hubzone,
socially disadvantaged. The training and Act established were effective
September 27, 2010, the date of its Small Business Administration, 409 3rd
counseling provided by the WBCs Street SW., Washington, DC 20416,
encompass a comprehensive array of enactment. These alternative size
standards do not affect other Federal Phone: 202 205–2985, Email:
topics, such as finance, management mariana.pardo@sba.gov.
and marketing in various languages. government programs, including
Federal procurement. RIN: 3245–AG38
This rule would propose to codify the
mstockstill on DSK4VPTVN1PROD with
requirements and procedures that Timetable: 389. Agent Revocation and Suspension
govern the delivery, funding and Procedures
evaluation of the management and Action Date FR Cite
Legal Authority: Not Yet Determined
technical assistance provided under the NPRM .................. 10/00/13
Abstract: These changes to 13 CFR
WBC Program. The rule would address, sections 103, 134, and 2 CFR 2700 lay
VerDate Mar<15>2010 20:28 Jan 07, 2013 Jkt 229001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\08JAP18.SGM 08JAP18
Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1639
out a procedural process for SBA’s Action Date FR Cite SBA has applied its ‘‘Size Standards
revocation of the privilege of agents to Methodology,’’ which is available on its
conduct business with the Agency. NPRM Comment 02/04/13 Web site at http://www.sba.gov/size, to
Included in this process are procedure Period End. this proposed rule.
for proposed revocation, the Final Action ......... 09/00/13
Timetable:
opportunity to object to the proposed
revocation, the revocation decision, as Regulatory Flexibility Analysis
Required: Yes. Action Date FR Cite
well as requests for reconsideration.
These procedures also provide for Agency Contact: Dr. Khem Raj
Sharma, Chief, Office of Size Standards, NPRM .................. 03/00/13
suspension of the privilege to conduct
business with the Agency pending a Small Business Administration, 409
revocation action. In addition, these Third Street SW., Washington, DC Regulatory Flexibility Analysis
changes remove Office of Hearings and 20416, Phone: 202 205–7189, Fax: 202 Required: Yes.
Appeals review of suspension, 205–6390, Email: Agency Contact: Dr. Khem Raj
revocation, and debarment actions by khem.sharma@sba.gov. Sharma, Chief, Office of Size Standards,
SBA. RIN: 3245–AG44
Small Business Administration, 409
Timetable: 391. • Small Business Size Standards Third Street SW., Washington, DC
for Wholesale Trade 20416, Phone: 202 205–7189, Fax: 202
Action Date FR Cite
Legal Authority: 15 U.S.C. 632(a) 205–6390, Email:
NPRM .................. 02/00/13 Abstract: SBA is conducting a khem.sharma@sba.gov.
comprehensive review of all small RIN: 3245–AG50
Regulatory Flexibility Analysis business size standards to determine
Required: Yes. whether the existing size standards 393. • Small Business Size Standards
Agency Contact: Christopher J should be retained or revised. As part of for Other Industries With Employee-
McClintock, Trial Attorney, Small this effort, SBA has evaluated each Based Size Standards not Part of
Business Administration, 409 3rd Street industry in North American Industry Manufacturing or Wholesale Trade
SW., Washington, DC 20416, Phone: 202 Classification System (NAICS) Sector
205–7715, Email: 42, Wholesale Trade, and revised these Legal Authority: 15 U.S.C. 632(a)
christoper.mcclintock@sba.gov. employee-based size standards for Abstract: SBA is conducting a
RIN: 3245–AG40 certain industries in the sector. This is comprehensive review of all small
390. Small Business Size Standards: one of the rules that will examine business size standards to determine
Mining, Quarrying, and Oil and Gas industries grouped by an NAICS Sector. whether the existing size standards
Extraction SBA has applied its ‘‘Size Standards should be retained or revised. As part of
Methodology,’’ which is available on its this effort, SBA has evaluated each
Legal Authority: 15 U.S.C. 632(a) Web site at http://www.sba.gov/size, to
Abstract: SBA has received numerous industry that has an employee-based
this purposed rule. standard but is not part of North
comments from businesses, industry Timetable:
associations and other Federal agencies American Industry Classification
that SBA’s small business size standards Action Date FR Cite
System (NAICS) Sector 31–33,
have not kept pace with changes in Manufacturing, or Sector 42, Wholesale
industry structure and Federal NPRM .................. 03/00/13 Trade, and revised size standards for
government contracting marketplace. some of those industries. This is one of
SBA also recognizes that such changes Regulatory Flexibility Analysis the rules that will examine industries
require a re-evaluation of existing small Required: Yes. grouped by an NAICS Sector. SBA has
business size standards. As a result, Agency Contact: Dr. Khem Raj applied its ‘‘Size Standards
SBA is conducting a comprehensive Sharma, Chief, Office of Size Standards, Methodology,’’ which is available on its
review of all small business size Small Business Administration, 409 Web site at http://www.sba.gov/size, to
standards to determine whether the Third Street SW., Washington, DC this proposed rule.
existing size standards should be 20416, Phone: 202 205–7189, Fax: 202
retained or revised. In addition, the 205–6390, Email: Timetable:
Small Business Jobs Act of 2010 directs khem.sharma@sba.gov.
RIN: 3245–AG49 Action Date FR Cite
SBA to conduct a detailed review of all
size standards and to make appropriate 392. • Small Business Size Standards NPRM .................. 03/00/13
adjustments to reflect market for Manufacturing
conditions. Accordingly, in this
proposed rule, SBA will evaluate each Legal Authority: 15 U.S.C. 632(a) Regulatory Flexibility Analysis
Abstract: SBA is conducting a Required: Yes.
industry within the North American
comprehensive review of all small
Industry Classification System (NAICS) Agency Contact: Dr. Khem Raj
business size standards to determine
Sector 21, Mining, Quarrying, and Oil Sharma, Chief, Office of Size Standards,
whether the existing size standards
and Gas Extraction, and revise, as Small Business Administration, 409
should be retained or revised. As part of
necessary, size standards for the sector. Third Street SW., Washington, DC
this effort, SBA has evaluated each
This is one of a series of proposed rules 20416, Phone: 202 205–7189, Fax: 202
industry in North American Industry
that will examine industries grouped by 205–6390, Email:
Classification System (NAICS) Sector
mstockstill on DSK4VPTVN1PROD with
a NAICS Sector. khem.sharma@sba.gov.
Timetable: 31–33, Manufacturing, and revised these
employee-based size standards for RIN: 3245–AG51
Action Date FR Cite certain industries in the sector. This is
one of the rules that will examine
NPRM .................. 12/06/12 77 FR 72766 industries grouped by an NAICS Sector.
VerDate Mar<15>2010 20:28 Jan 07, 2013 Jkt 229001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\08JAP18.SGM 08JAP18
1640 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda
SMALL BUSINESS ADMINISTRATION 395. Small Business Technology Agency Contact: Dean R. Koppel,
(SBA) Transfer (STTR) Policy Directive Assistant Director, Office of Policy and
Regulatory Plan: This entry is Seq. Research, Small Business
Final Rule Stage
No. 100 in part II of this issue of the Administration, 409 Third Street SW.,
394. Lender Oversight Program Federal Register. Washington, DC 20416, Phone: 202 205–
7322, Fax: 202 481–1540, Email:
Legal Authority: 15 U.S.C. RIN: 3245–AF45
dean.koppel@sba.gov.
634(5)(b)(6),(b)(7),(b)(14),(h) and note; 396. Small Business Innovation RIN: 3245–AG22
687(f), 697(e)(c)(8), and 650 Research (SBIR) Program Policy
399. Small Business Jobs Act: Small
Abstract: This rule implements the Directive
Business Size and Status Integrity
Small Business Administration’s (SBA) Regulatory Plan: This entry is Seq.
statutory authority under the Small Legal Authority: Pub. L. 111–240, sec
No. 101 in part II of this issue of the 1341 and 1343
Business Reauthorization and Federal Register.
Manufacturing Assistance Act of 2004 Abstract: These regulations address
RIN: 3245–AF84 the intentional misrepresentations of
(Reauthorization Act) to regulate Small
Business Lending Companies (SBLCs) 397. Acquisition Process: Task and small business status as a ‘‘presumption
and non-federally regulated lenders Delivery Order Contracts, Bundling, of loss against the Government.’’ In
(NFRLs). It also conforms SBA rules for Consolidation addition, the rule addresses the
the section 7(a) Business Loan Program statutory requirement that no business
Regulatory Plan: This entry is Seq. may continue to certify itself as small on
and the Certified Development No. 102 in part II of this issue of the
Company (CDC) Program. the System for Award Management
Federal Register. (SAM) without first providing an annual
In particular, this rule: (1) Defines RIN: 3245–AG20 certification.
SBLCs and NFRLs; (2) clarifies SBA’s Timetable:
398. Small Business Jobs Act:
authority to regulate SBLCs and NFRLs;
Subcontract Integrity
(3) authorizes SBA to set certain Action Date FR Cite
minimum capital standards for SBLCs, Legal Authority: Pub. L. 111–240, sec
to issue cease and desist orders, and 1321 and 1322, 1334 NPRM .................. 10/07/11 76 FR 62313
revoke or suspend lending authority of Abstract: These regulations address NPRM Comment 11/07/11
SBLCs and NFRLs; (4) establishes the subcontracting compliance and the Period End.
Bureau of Premier Certified Lender interrelationship between contracting NPRM Comment 11/08/11 76 FR 69154
Period Ex-
Program Oversight in the Office of offices, small business offices, and tended.
Credit Risk Management; (5) transfers program offices relating to oversight and NPRM Extended 12/08/11
existing SBA enforcement authority review activities. The regulation also Comment Pe-
over CDCs from the Office of Financial addresses the statutory requirement that riod End.
Assistance to the appropriate official in a large business prime contractor must Final Action ......... 03/00/13
the Office of Capital Access; and (6) represent that it will make good faith
defines SBA’s oversight and efforts to award subcontracts to small Regulatory Flexibility Analysis
enforcement authorities relative to all businesses at the same percentage as Required: Yes.
SBA lenders participating in the 7(a) indicated in the subcontracting plan Agency Contact: Dean R. Koppel,
and CDC programs and intermediaries submitted as part of its proposal for a Assistant Director, Office of Policy and
in the Microloan program. contract and that if the percentage is not Research, Small Business
Timetable: met, the large business prime contractor Administration, 409 Third Street SW.,
must provide a written justification and Washington, DC 20416, Phone: 202 205–
Action Date FR Cite explanation to the contracting officer. 7322, Fax: 202 481–1540, Email:
Finally, the regulation also addresses dean.koppel@sba.gov.
NPRM .................. 10/31/07 72 FR 61752 the statutory requirement that a prime RIN: 3245–AG23
NPRM Comment 12/20/07 72 FR 72264 contractor must notify the contracting
Period Ex- 400. Small Business Size Standards for
officer in writing if it has paid a reduced Utilities
tended. price to a subcontractor for goods and
NPRM Comment 02/29/08 Legal Authority: 15 U.S.C. 632(a)
services or if the payment to the
Period End. Abstract: The U.S. Small Business
Interim Final Rule 12/11/08 73 FR 75498 subcontractor is more than 90 days past
due. Administration (SBA) proposes to revise
Interim Final Rule 03/11/09
Timetable: the small business size standards for
Comment Pe-
riod End. nine industries in North American
Interim Final Rule 01/12/09 Action Date FR Cite Industry Classification System (NAICS)
Effective. Sector 22, Utilities. Six of those
Final Rule ............ 06/00/13 NPRM .................. 10/05/11 76 FR 61626 industries deal with electric power
NPRM Comment 12/05/11 generation, distribution and
Period End. transmission (NAICS 221111, NAICS
Regulatory Flexibility Analysis NPRM Comment 12/01/11 76 FR 74749
Required: Yes. 221112, NAICS 221113, NAICS 221119,
Period Re-
opened.
NAICS 221121, and NAICS 221122) and
Agency Contact: Brent Ciurlino, have a common size standard based on
Director, Office of Credit Risk Second NPRM 01/06/12
Comment Pe- electric output. For those six industries,
mstockstill on DSK4VPTVN1PROD with
Management, Small Business riod End. SBA proposes to replace the current size
Administration, 409 3rd Street SW., Final Action ......... 03/00/13 standard of 4 million megawatt hours in
Washington, DC 20416, Phone: 202 205– electric output with an employee based
6538, Email: brent.ciurlino@sba.gov. Regulatory Flexibility Analysis size standard of 500 employees. SBA
RIN: 3245–AE14 Required: Yes. also proposes to increase the small
VerDate Mar<15>2010 23:43 Jan 07, 2013 Jkt 229001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\08JAP18.SGM 08JAP18
Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1641
business size standards for three Action Date FR Cite Abstract: This rule increases the small
industries in NAICS Sector 22 that have business size standards for 11 industries
receipt based size standards, namely— NPRM Comment 09/17/12 in North American Industry
NAICS 221310, Water Supply and Period End. Classification System (NAICS) Sector
Irrigation Systems, from $7 million to Final Action ......... 03/00/13 11, Agriculture, Forestry, Fishing and
$25.5 million; NAICS 221320, Sewage Hunting. As part of its ongoing
Treatment Facilities, from $7 million to Regulatory Flexibility Analysis comprehensive review of all small
$19 million; and NAICS 221330, Steam Required: Yes. business size standards, SBA evaluated
and Air-conditioning Supply, from Agency Contact: Khem Raj Sharma, receipts based size standards for 16
$12.5 million to $14 million. As part of Chief, Office of Size Standards, Small industries and two sub-industries in
its ongoing initiative to review all size Business Administration, 409 Third NAICS Sector 11 to determine whether
standards, SBA evaluated all industries Street SW., Washington, DC 20416, they should be retained or revised. SBA
in NAICS Sector 22 that have either Phone: 202 205–6390, Fax: 202 205– did not review size standards for 46
electric output based or receipts based 6390. industries in NAICS Sector 11 that are
size standards to determine whether the RIN: 3245–AG36 currently set by statute at $750,000 in
existing size standards should be 402. Small Business Size Standards: average annual receipts. SBA also did
retained or revised. This rule is one of Construction not review the 500-employee based size
the rules that will examine industries standard for NAICS 113310, Logging,
grouped by NAICS sector. SBA has Legal Authority: 15 U.S.C. 632(a) but will review it in the near future with
applied its ‘‘Size Standards Abstract: The U.S. Small Business other employee based size standards. In
Methodology,’’ which is available on its Administration (SBA) will increase developing the revised size standards,
Web site at http://www.sba.gov/size, to small business size standards for one SBA has applied its ‘‘Size Standards
this proposed rule. industry and one sub-industry in North Methodology,’’ which is available on the
Timetable: American Industry Classification Agency’s Web site at http://
System (NAICS) Sector 23, www.sba.gov/size.
Action Date FR Cite Construction. SBA will also increase the Timetable:
size standard for NAICS 237210, Land
NPRM .................. 07/19/12 77 FR 42441 Subdivision, from $7 million to $25 Action Date FR Cite
NPRM Comment 09/17/12 million and the size standard for
Period End. Dredging and Surface Cleanup NPRM .................. 09/11/12 77 FR 55755
Final Rule ............ 03/00/13 NPRM Comment 11/13/12
Activities, a sub-industry category (or an
‘‘exception’’) under NAICS 237990, Period End.
Regulatory Flexibility Analysis Other Heavy and Civil Engineering
Final Action ......... 05/00/13
Required: Yes. Construction, from $20 million to $30
Agency Contact: Dr. Khem Raj Regulatory Flexibility Analysis
million in average annual receipts. As
Sharma, Chief, Office of Size Standards, Required: Yes.
part of its ongoing comprehensive size
Small Business Administration, 409 Agency Contact: Dr. Khem Raj
standards review, SBA has evaluated all
Third Street SW., Washington, DC Sharma, Chief, Office of Size Standards,
size standards in NAICS Sector 23 to
20416, Phone: 202 205–7189, Fax: 202 Small Business Administration, 409
determine whether they should be
205–6390, Email: Third Street SW., Washington, DC
retained or revised. This is one of the
khem.sharma@sba.gov. 20416, Phone: 202 205–7189, Fax: 202
rules that examines size standards of
RIN: 3245–AG25 205–6390, Email:
industries grouped by NAICS Sector.
khem.sharma@sba.gov.
401. Small Business Size Standards: SBA has applied its ‘‘Size Standards
RIN: 3245–AG43
Arts, Entertainment, and Recreation Methodology,’’ which is available on its
Web site at http://www.sba.gov/size, to 404. Small Business Size Standards:
Legal Authority: 15 U.S.C. 632(a) this rule. Finance and Insurance; Management of
Abstract: The U.S. Small Business Timetable: Companies and Enterprises
Administration (SBA) will increase the
small business size standards for 17 Legal Authority: 15 U.S.C. 632(a)
Action Date FR Cite
industries in North American Industry Abstract: The U.S. Small Business
Classification System (NAICS) Sector NPRM .................. 07/18/12 77 FR 42197 Administration (SBA) is increasing the
71, Arts, Entertainment, and Recreation. NPRM Comment 09/17/12 small business size standards for 37
As part of its ongoing comprehensive Period End. industries in North American Industry
review of all size standards, SBA has Final Rule ............ 03/00/13 Classification System (NAICS) Sector
evaluated all size standards in NAICS 52, Finance and Insurance, and for two
Sector 71 to determine whether the Regulatory Flexibility Analysis industries in NAICS Sector 55,
existing size standards should be Required: Yes. Management of Companies and
retained or revised. This is one of the Agency Contact: Khem Raj Sharma, Enterprises. In addition, SBA proposes
rules that will examine industries Chief, Office of Size Standards, Small to change the measure of size from
grouped by an NAICS Sector. SBA has Business Administration, 409 Third average assets to average receipts for
applied its ‘‘Size Standards Street SW., Washington, DC 20416, NAICS 522293, International Trade
Methodology,’’ which is available on its Phone: 202 205–6390, Fax: 202 205– Financing. As part of its ongoing
Web site at http://www.sba.gov/size, to 6390. comprehensive size standards review,
this proposed rule. RIN: 3245–AG37 SBA evaluated all receipts based and
mstockstill on DSK4VPTVN1PROD with
Timetable: assets based size standards in NAICS
403. Small Business Size Standards:
Sectors 52 and 55 to determine whether
Agriculture, Forestry, Fishing, and
Action Date FR Cite they should be retained or revised. In
Hunting
developing the revised standards, SBA
NPRM .................. 07/18/12 77 FR 42211 Legal Authority: 15 U.S.C. 632(a) relied on the methodology set forth in
VerDate Mar<15>2010 20:28 Jan 07, 2013 Jkt 229001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\08JAP18.SGM 08JAP18
1642 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda
its ‘‘Size Standards Methodology,’’ Abstract: The U.S. Small Business 408. Small Business Size Standards:
which is available at www.sba.gov/size. Administration (SBA) proposes to Real Estate, Rental and Leasing
Timetable: increase small business size standards Legal Authority: 15 U.S.C. 632(a)
for 15 industries in North American Abstract: The U.S. Small Business
Action Date FR Cite Industry Classification System (NAICS) Administration (SBA) is increasing the
Sector 51, Information. As part of its small business size standards for 20
NPRM .................. 09/11/12 77 FR 55737
NPRM Comment 11/13/12 ongoing comprehensive review of all industries and one sub-industry in
Period End. size standards, SBA evaluated all North American Industry Classification
Final Action ......... 04/00/13 receipts-based size standards in NAICS System (NAICS) Sector 53, Real Estate
Sector 51 to determine whether they and Rental and Leasing. As part of its
Regulatory Flexibility Analysis should be retained or revised. This ongoing comprehensive review of all
Required: Yes. proposed rule is one of a series of size standards, SBA evaluated all size
Agency Contact: Dr. Khem Raj proposals that examines size standards standards in NAICS Sector 53 to
Sharma, Chief, Office of Size Standards, of industries grouped by NAICS Sector. determine whether they should be
Small Business Administration, 409 SBA has applied its ‘‘Size Standards retained or revised. This rule is one of
Third Street SW., Washington, DC Methodology,’’ which is available on its a series of proposals that examined size
20416, Phone: 202 205–7189, Fax: 202 Web site at http://www.sba.gov/size, to standards of industries grouped by
205–6390, Email: this proposed rule. NAICS Sector. SBA has applied its
khem.sharma@sba.gov. Completed: ‘‘Size Standards Methodology,’’ which
RIN: 3245–AG45 is available on its Web site at http://
405. Small Business Size Regulations, Reason Date FR Cite www.sba.gov/size, to this rule.
Small Business Innovation Research Completed:
Final Rule ............ 12/06/12 77 FR 72702
(SBIR) Program and Small Business Final Rule Effec- 01/07/13
Technology Transfer (STTR) Program Reason Date FR Cite
tive.
Legal Authority: 15 U.S.C. 632(a); Pub. Final Rule ............ 09/24/12 77 FR 58747
L. 111–81, sec 5107 Regulatory Flexibility Analysis Final Rule Effec- 10/24/12
Abstract: SBA is amending its Required: Yes. tive.
regulations as they relate to size and Agency Contact: Khem Raj Sharma,
eligibility for the SBIR and STTR Phone: 202 205–7189, Fax: 202 205– Regulatory Flexibility Analysis
programs. The revised amendments 6390, Email: khem.sharma@sba.gov. Required: Yes.
implement provisions of the SBIR/STTR RIN: 3245–AG26 Agency Contact: Khem Raj Sharma,
Reauthorization Act of 2011. The Phone: 202 205–7189, Fax: 202 205–
amendments address ownership, control 407. Small Business Size Standards; 6390, Email: khem.sharma@sba.gov.
and affilation for participants in these Administrative and Support, Waste RIN: 3245–AG28
programs, including participants that Management and Remediation Services
409. Small Business Size Standards:
are majority owned by multiple venture Legal Authority: 15 U.S.C. 632(a) Educational Services
capital operating companies, private Abstract: The U.S. Small Business
equity firms or hedge funds. The Legal Authority: 15 U.S.C. 632(a)
Administration (SBA) is increasing
regulations also address whether the Abstract: The U.S. Small Business
small business size standards for 37
participant is owned by domestic or Administration (SBA) will increase
industries in North American Industry
foreign business concerns. small business size standards for nine
Classification System (NAICS) Sector
Timetable: industries in North American Industry
56, Administrative and Support, Waste
Classification System (NAICS) Sector
Management and Remediation Services.
Action Date FR Cite 61, Educational Services. As part of its
As part of its ongoing comprehensive
ongoing comprehensive size standards
review of all size standards, SBA
NPRM .................. 05/15/12 77 FR 28520 review, SBA evaluated all size standards
NPRM Comment 07/16/12 evaluated all receipts-based standards in
in NAICS Sector 61 to determine
Period End. NAICS Sector 56 to determine whether
whether they should be retained or
Final Action ......... 12/00/12 they should be retained or revised. This
revised. This rule is one of a series of
rule is one of a series that examined size
rules that examines size standards of
Regulatory Flexibility Analysis standards of industries grouped by
industries grouped by NAICS Sector.
Required: Yes. NAICS Sector. SBA has applied its
Agency Contact: Edsel M. Brown Jr., SBA applied its ‘‘Size Standards
‘‘Size Standards Methodology,’’ which
Assistant Director, Office of Innovation, Methodology,’’ which is available on its
is available on its Web site at http://
Small Business Administration, 409 Web site at http://www.sba.gov/size, to
www.sba.gov/size, to this rule.
Third Street SW., Washington, DC this final rule.
Completed: Completed:
20416, Phone: 202 205–6450, Email:
edsel.brown@sba.gov. Reason Date FR Cite Reason Date FR Cite
RIN: 3245–AG46
Final Rule ............ 12/06/12 77 FR 72691 Final Rule ............ 09/24/12 77 FR 58739
Final Rule Effec- 01/07/13 Final Rule Effec- 10/24/12
tive. tive.
SMALL BUSINESS ADMINISTRATION
(SBA) Regulatory Flexibility Analysis Regulatory Flexibility Analysis
mstockstill on DSK4VPTVN1PROD with
Completed Actions Required: Yes. Required: Yes.
Agency Contact: Khem Raj Sharma, Agency Contact: Khem Raj Sharma,
406. Small Business Size Standards; Phone: 202 205–7189, Fax: 202 205– Phone: 202 205–7189, Fax: 202 205–
Information 6390, Email: khem.sharma@sba.gov. 6390, Email: khem.sharma@sba.gov.
Legal Authority: 15 U.S.C. 632(a) RIN: 3245–AG27 RIN: 3245–AG29
VerDate Mar<15>2010 20:28 Jan 07, 2013 Jkt 229001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\08JAP18.SGM 08JAP18
Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1643
410. Small Business Size Standards: Regulatory Flexibility Analysis associated with providing debenture
Health Care and Social Assistance Required: Yes. leverage to Early Stage SBICs may be
Agency Contact: Khem Raj Sharma, significantly reduced. This rule will
Legal Authority: 15 U.S.C. 632(a)
Phone: 202 205–7189, Fax: 202 205– establish a number of regulatory
Abstract: The U.S. Small Business
6390, Email: khem.sharma@sba.gov. provisions applicable to Early Stage
Administration (SBA) will increase RIN: 3245–AG30
small business size standards for 28 SBICs for the purpose of managing
industries in North American Industry 411. Small Business Investment overall program risk, including lower
Classification System (NAICS) Sector Companies—Early Stage SBICS limits on maximum leverage eligibility
62, Health Care and Social Assistance. and special distribution rules.
Legal Authority: 15 U.S.C. 636(a)(32)
As part of its ongoing comprehensive Abstract: To address a critical market Completed:
review of all size standards, SBA need for early stage equity financing,
evaluated all size standards in NAICS Reason Date FR Cite
SBA will license a limited number of
Sector 62 to determine whether they Small Business Investment Companies Final Rule ............ 04/27/12 77 FR 25042
should be retained or revised. SBA has (SBICs) each year that are focused on Final Rule Effec- 04/27/12
applied its ‘‘Size Standards providing equity capital to seed and tive.
Methodology,’’ which is available on its early stage small businesses. These
Web site at http://www.sba.gov/size, to SBICs would be designated as ‘‘Early Regulatory Flexibility Analysis
this final rule. Stage SBICs.’’ SBA leverage is available Required: Yes.
Completed: to SBICs through a debenture
Agency Contact: Carol Fendler,
instrument, the structure of which was
Reason Date FR Cite Phone: 202 205–7559, Email:
not designed to address the needs or
carol.fendler@sba.gov.
circumstances of early stage investors,
Final Rule ............ 09/24/12 77 FR 58755 and thus presents certain repayment RIN: 3245–AG32
Final Rule Effec- 10/24/12
tive.
risks for such investors. However, with [FR Doc. 2012–31507 Filed 1–7–13; 8:45 am]
certain regulatory changes, the risk BILLING CODE 8025–01–P
mstockstill on DSK4VPTVN1PROD with
VerDate Mar<15>2010 20:28 Jan 07, 2013 Jkt 229001 PO 00000 Frm 00009 Fmt 4701 Sfmt 9990 E:\FR\FM\08JAP18.SGM 08JAP18
VerDate Mar 15 2010 04:16 Oct 27, 2011 Jkt 000000 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 C:\DOCS\BLANK.FR DEV003
Vol. 78 Tuesday,
No. 5 January 8, 2013
Part XIX
Department of Defense
General Services Administration
National Aeronautics and Space Administration
Semiannual Regulatory Agenda
mstockstill on DSK4VPTVN1PROD with
VerDate Mar<15>2010 20:33 Jan 07, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\08JAP19.SGM 08JAP19
File and source
- File
- 2012-31507-pdf_da6a209d36df1d9c.pdf
- Size
- 357,940 bytes
- SHA-256
- 333902d29592e28f2a35a50c7a8b84615f10d0d53aed10aa54a2ff68d5baa474
- Original
- www.govinfo.gov