Pandemic Darlings The pandemic economy, in original documents
Home Source documents SBA Semiannual Regulatory Agenda (Dec. 7, 2009)

SBA Semiannual Regulatory Agenda (Dec. 7, 2009)

Archived source: E9 28586 Pdf 71b2ace42afd692d. Captured from www.govinfo.gov.

Cited in: Martin "Sparky" Conrey

Full text

                                                                                                                               Monday,
                                                                                                                               December 7, 2009




                                                                                                                               Part XV

                                                                                                                               Small Business
                                                                                                                               Administration
                                                                                                                               Semiannual Regulatory Agenda




erowe on DSK5CLS3C1PROD with RULES


                                     VerDate Nov<24>2008   15:16 Dec 04, 2009   Jkt 220001   PO 00000   Frm 00001   Fmt 4717   Sfmt 4717   E:\FR\FM\07DER18.SGM   07DER18
                                          64510                 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda


                                          SMALL BUSINESS ADMINISTRATION (SBA)



                                          SMALL BUSINESS ADMINISTRATION             of the agenda. SBA is combining the                                                          in this agenda. The dates listed in the
                                                                                    publication of its agenda as required by                                                     timetables for specific actions are
                                          13 CFR Ch. I                              statute and Executive order, and                                                             estimates and not commitments to act
                                                                                    conforming them to the Unified Agenda                                                        on or by the particular date.
                                          Semiannual Regulatory Agenda              of Federal Regulatory and Deregulatory
                                                                                    Actions format developed by the                                                                For this edition of the SBA’s
                                          AGENCY: U.S. Small Business                                                                                                            regulatory agenda, the most important
                                          Administration (SBA).                     Regulatory Information Service Center.
                                                                                                                                                                                 significant regulatory actions and a
                                          ACTION: Semiannual regulatory agenda.        The purpose of the agenda is to                                                           Statement of Regulatory Priorities are
                                                                                    provide information to the public on                                                         included in The Regulatory Plan, which
                                                                                    regulations currently under review,                                                          appears in both the online Unified
                                          SUMMARY: The Regulatory Flexibility Act being proposed, completed, or
                                                                                                                                                                                 Agenda and in part II of the Federal
                                          (RFA) and Executive Order 12866           withdrawn by SBA. Accordingly,                                                               Register that includes the Unified
                                          require each agency to publish            rulemaking action in SBA’s agenda is                                                         Agenda.
                                          semiannually a regulatory agenda          grouped according to its stage of
                                          (agenda) that includes an inventory of    development. The stages of                                                                     Beginning with the fall 2007
                                          all current and projected rulemakings,    development are pre-rulemaking,                                                              publication, the Internet has become the
                                          including regulations the agency          proposed rules, final rules, and                                                             basic means for disseminating the
                                          expects to develop during the next 12     rulemaking actions completed since the                                                       Unified Agenda. The complete Unified
                                          months and regulations completed since spring 2009 agenda. The agenda is                                                               Agenda will be available online at
                                          the last publication of the agency’s      intended to facilitate comments and                                                          www.reginfo.gov, in a format that offers
                                          agenda. SBA is publishing this Agenda     views by interested members of the                                                           users a greatly enhanced ability to
                                          to provide the public with notice about   public. SBA encourages public                                                                obtain information from the Agenda
                                          SBA’s regulatory activities and to        participation in its rulemaking process                                                      database.
                                          provide specific information about those through various mediums including
                                          activities. This information will                                                                                                         Because publication in the Federal
                                                                                    www.regulations.gov. This website
                                          promote the public’s participation in                                                                                                  Register is mandated for the regulatory
                                                                                    allows SBA to place rules on the
                                          SBA’s regulatory activities.                                                                                                           flexibility agenda required by the RFA
                                                                                    website and receive public comments
                                                                                                                                                                                 (5 U.S.C. 602), SBA’s printed agenda
                                          FOR FURTHER INFORMATION CONTACT: For      though that medium. SBA also provides
                                                                                                                                                                                 entries include only rules that are in the
                                          additional information about specific     a link from www.sba.gov to that
                                                                                                                                                                                 Agency’s regulatory flexibility agenda,
                                          regulatory actions listed in the Agenda,  website.
                                                                                                                                                                                 in accordance with the RFA, because
                                          you should direct your comments and          SBA’s regulations promote statutory                                                       they are likely to have a significant
                                          inquiries to the appropriate agency       mandates and Presidential directives                                                         economic impact on a substantial
                                          contact identified in each entry. For     linked to SBA’s goals to improve the                                                         number of small entities.
                                          general information about the Agenda,     economic environment for small
                                          you should direct your comments or        business; drive business formation, job                                                         Printing of these entries is limited to
                                          inquiries to Martin ‘‘Sparky’’ Conrey,    growth, and economic expansion,                                                              fields that contain information required
                                          Assistant General Counsel for             particularly in underserved markets;                                                         by the RFA’s agenda requirements.
                                          Legislation and Appropriations, U.S.      restore homes and businesses affected                                                        Additional information on these entries
                                          Small Business Administration, 409        by disaster; and to operate and manage                                                       is available in the Unified Agenda
                                          Third Street SW., Washington, DC          SBA’s programs and resources                                                                 published on the Internet. In addition,
                                          20416, (202) 619-0638,                    efficiently and effectively.                                                                 for fall editions of the Agenda, the entire
                                          martin.conrey@sba.gov.                                                                                                                 Regulatory Plan will continue to be
                                                                                       Publication of proposed rulemaking                                                        printed in the Federal Register, as in
                                          SUPPLEMENTARY INFORMATION: This           actions in the agenda does not impose                                                        past years, including SBA’s regulatory
                                          agenda announces the proposed             any obligation on SBA to take any final                                                      plan.
                                          regulatory actions that SBA plans for the action with regard to any specific item.
                                          next 12 months and those that were        Furthermore, SBA is not precluded from                                                       Karen G. Mills,
                                          completed since the spring 2009 edition rulemaking activities that are not listed                                                      Administrator.

                                                                                            Small Business Administration—Proposed Rule Stage
                                                                                                                                                                                                                                Regulation
                                           Sequence                                                                                     Title                                                                                    Identifier
                                            Number                                                                                                                                                                                Number

                                              442          Small Business Development Centers (SBDC) Program Revisions ............................................................................                             3245–AE05
                                              443          8(a) Business Development (Reg Plan Seq No. 158) .................................................................................................                   3245–AF53
                                              444          Small Business Size Regulations; Business Status Determinations; Protest and Appeal Regulations .......................                                              3245–AF65




erowe on DSK5CLS3C1PROD with RULES
                                              445          Small Business Size Standards: Retail Trade Industries (Reg Plan Seq No. 159) ....................................................                                   3245–AF69
                                              446          Small Business Size Standards: Other Services (Reg Plan Seq No. 160) .................................................................                               3245–AF70
                                              447          Small Business Size Standards: Accommodations and Food Service Industries (Reg Plan Seq No. 161) ...............                                                     3245–AF71
                                              448          Women-Owned Small Business Federal Contract Assistance Procedures—Eligible Industries .................................                                              3245–AF80
                                              449          SBA Express Loan Program .........................................................................................................................................   3245–AF85
                                              450          Implementation of Energy Independence and Security Act of 2007 ............................................................................                          3245–AF86



                                     VerDate Nov<24>2008   15:16 Dec 04, 2009       Jkt 220001     PO 00000       Frm 00002      Fmt 1254       Sfmt 1254    E:\FR\FM\07DER18.SGM            07DER18
                                                                Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda                                                                                                  64511

                                          SBA



                                                                                    Small Business Administration—Proposed Rule Stage (Continued)
                                                                                                                                                                                                                                              Regulation
                                           Sequence                                                                                           Title                                                                                            Identifier
                                            Number                                                                                                                                                                                              Number

                                              451          Implementation of Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 .....                                                                  3245–AF87
                                              452          Implementation of Small Business Disaster Response and Loan Improvement Act of 2008: Expedited Disaster As-
                                                            sistance Program .........................................................................................................................................................        3245–AF88
                                              453          Implementation of Small Business Disaster Response and Loan Improvement Act of 2008: Private Loan Disaster
                                                            Program .......................................................................................................................................................................   3245–AF99
                                              454          Implementation of Small Business Disaster Response and Loan Improvement Act of 2008: Immediate Disaster
                                                            Assistance Program .....................................................................................................................................................          3245–AG00
                                              455          Interest Rate—Resetting Fixed Interest Rate ...............................................................................................................                        3245–AG03
                                              456          504 Program Governance Regulations .........................................................................................................................                       3245–AG04
                                              457          Small Business Size Standards for Loan, Investment, and Surety Programs .............................................................                                              3245–AG05
                                              458          Women-Owned Small Business Federal Contract Program (Reg Plan Seq No. 162) ...............................................                                                         3245–AG06
                                             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                                                                                           Title                                                                                            Identifier
                                            Number                                                                                                                                                                                              Number

                                              459          Lender Oversight Program ............................................................................................................................................              3245–AE14


                                                                                                  Small Business Administration—Completed Actions
                                                                                                                                                                                                                                              Regulation
                                           Sequence                                                                                           Title                                                                                            Identifier
                                            Number                                                                                                                                                                                              Number

                                              460          Definition of ‘‘Employee’’ for Purposes of the HUBZone Program ...............................................................................                                     3245–AF44
                                              461          Implementation of American Recovery and Reinvestment Act of 2009 .......................................................................                                           3245–AF89



                                          Small Business Administration (SBA)                                                                                                                                         Proposed Rule Stage


                                          442. SMALL BUSINESS                                                  submission facility; and (5) provisions                                     443. 8(A) BUSINESS DEVELOPMENT
                                          DEVELOPMENT CENTERS (SBDC)                                           regarding the collection and use of
                                                                                                                                                                                           Regulatory Plan: This entry is Seq. No.
                                          PROGRAM REVISIONS                                                    individual SBDC client data.                                                158 in part II of this issue of the
                                          Legal Authority: 15 USC 634(b)(6); 15                                                                                                            Federal Register.
                                                                                                               Timetable:
                                          USC 648
                                                                                                               Action                                 Date            FR Cite              RIN: 3245–AF53
                                          Abstract: This rule would propose
                                          amendments to SBA’s SBDC program                                     NPRM                                08/00/10
                                          regulations for the purpose of                                                                                                                   444. SMALL BUSINESS SIZE
                                          conforming the regulations to existing                               Regulatory Flexibility Analysis                                             REGULATIONS; BUSINESS STATUS
                                          statutory requirements. This rule would                              Required: Yes                                                               DETERMINATIONS; PROTEST AND
                                          amend: (1) Procedures for approving                                                                                                              APPEAL REGULATIONS
                                          and funding of SBDCs; (2) approval                                   Agency Contact: Antonio Doss,
                                                                                                               Director, Office of Small Business                                          Legal Authority: 15 USC 632; 15 USC
                                          procedures for travel outside the
                                                                                                               Development Centers, Small Business                                         634
                                          continental U.S. and U.S. territories; (3)
                                          procedures and requirements regarding                                Administration, 409 Third Street SW,                                        Abstract: SBA is proposing to
                                          findings and disputes resulting from                                 Washington, DC 20416                                                        standardize protest and appeal
                                          financial exams, programmatic reviews,                               Phone: 202 205–6766                                                         regulations across all small business




erowe on DSK5CLS3C1PROD with RULES
                                          accreditation reviews, and other SBA                                 Email: antonio.doss@sba.gov                                                 programs and clarify the effect of a
                                          oversight activities; (4) requirements for                                                                                                       negative determination on the
                                          new and renewal applications for SBDC                                RIN: 3245–AE05                                                              procurement in question. SBA’s
                                          awards, including the requirements for                                                                                                           proposed rule will clarify that an award
                                          electronic submission through the                                                                                                                should not be made to an ineligible
                                          approved electronic Government                                                                                                                   concern, and in cases where an award


                                     VerDate Nov<24>2008   15:16 Dec 04, 2009         Jkt 220001       PO 00000        Frm 00003       Fmt 1254       Sfmt 1254       E:\FR\FM\07DER18.SGM              07DER18
                                          64512               Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda

                                          SBA                                                                                                                               Proposed Rule Stage


                                          has been made prior to an SBA final                     448. WOMEN–OWNED SMALL                                Regulatory Flexibility Analysis
                                          decision finding a business to be                       BUSINESS FEDERAL CONTRACT                             Required: Yes
                                          ineligible, the contracting agency shall                ASSISTANCE PROCEDURES—                                Agency Contact: Grady Hedgespeth,
                                          either terminate the contract, not                      ELIGIBLE INDUSTRIES                                   Director, Office of Financial Assistance,
                                          exercise an option, or not award further                Legal Authority: Not Yet Determined                   Small Business Administration, 409 3rd
                                          task or delivery orders to the ineligible                                                                     Street SW, Washington, DC 20416
                                          concern. SBA is also proposing to                       Abstract: The U.S. Small Business
                                                                                                  Administration (SBA) is prohibited                    Phone: 202 205–7562
                                          clarify how contracting officers select                                                                       Email: grady.hedgespeth@sba.gov.
                                          NAICS codes for multiple award task                     from using funding in Fiscal Year 2009
                                                                                                  to implement the program relating to                  RIN: 3245–AF85
                                          and delivery order contracts. The
                                                                                                  Women-Owned Small Business (WOSB)
                                          changes recommended were prompted
                                                                                                  Federal Contract Assistance Procedures
                                          by recent bid protest litigation, a survey                                                                    450. IMPLEMENTATION OF ENERGY
                                                                                                  published on October 1, 2008, by the
                                          of cases handled by SBA’s Government                                                                          INDEPENDENCE AND SECURITY ACT
                                                                                                  Omnibus Appropriations Act, 2009,
                                          Contracting Area Offices, and recent                                                                          OF 2007
                                                                                                  Div. D, title V, section 522 (Mar. 11,
                                          rulings by SBA’s Office of Hearings and
                                                                                                  2009). SBA plans to withdraw this                     Legal Authority: 15 USC 636(a)(32)
                                          Appeals.
                                                                                                  proposed rule and promulgate a new
                                                                                                  rule in order to establish and                        Abstract: SBA plans to issue
                                          Timetable:                                                                                                    regulations to implement the small
                                                                                                  implement an effective WOSB
                                          Action                     Date          FR Cite        procurement program. SBA is                           business energy provisions in the
                                                                                                  committed to moving forward to                        Energy Independence and Security Act
                                          NPRM                     12/00/09
                                                                                                  implement a successful WOSB                           of 2007. The new regulations will
                                          Regulatory Flexibility Analysis                         procurement program.                                  provide guidance on several program
                                          Required: Yes                                                                                                 changes, including larger 504 loan
                                                                                                  Timetable:                                            limits to help small businesses develop
                                          Agency Contact: Khem Sharma,                            Action                       Date        FR Cite      energy efficient technologies,
                                          Division Chief, Division of Size                        NPRM                     10/01/08 73 FR 57014         investments in energy saving small
                                          Standards, Office of Government                         NPRM Comment             10/31/08                     businesses, and an energy saving
                                          Contracting/Business Development,                         Period End                                          debenture program.
                                          Small Business Administration, 409                      Reopening of             01/12/09 74 FR 1153          Timetable:
                                          Third Street SW, Washington, DC                           Comment Period
                                          20416                                                   Comment Period End       03/13/09                     Action                  Date      FR Cite
                                          Phone: 202 205–7189                                     Withdrawal and New       02/00/10                     NPRM                   05/00/10
                                          Fax: 202 205–6390                                         Rule
                                                                                                                                                        Regulatory Flexibility Analysis
                                                                                                  Regulatory Flexibility Analysis                       Required: Yes
                                          RIN: 3245–AF65
                                                                                                  Required: Yes
                                                                                                                                                        Agency Contact: James W.
                                                                                                  Agency Contact: Dean R. Koppel,                       Hammersley, Deputy Assistant
                                          445. SMALL BUSINESS SIZE                                Acting Director for Government
                                          STANDARDS: RETAIL TRADE                                                                                       Administrator, Office of Policy and
                                                                                                  Contracting, Office of Policy, Planning               Strategic Planning, Small Business
                                          INDUSTRIES                                              and Liaison, Small Business                           Administration, 409 Third Street SW,
                                                                                                  Administration, 409 3rd Street SW,                    Washington, DC 20416
                                          Regulatory Plan: This entry is Seq. No.                 Washington, DC 20416
                                          159 in part II of this issue of the                                                                           Phone: 202 205–6490
                                                                                                  Phone: 202 205–7322
                                          Federal Register.                                       Fax: 202 481–1540                                     RIN: 3245–AF86
                                          RIN: 3245–AF69                                          RIN: 3245–AF80
                                                                                                                                                        451. IMPLEMENTATION OF MILITARY
                                                                                                  449. SBA EXPRESS LOAN PROGRAM                         RESERVIST AND VETERAN SMALL
                                          446. SMALL BUSINESS SIZE
                                                                                                                                                        BUSINESS REAUTHORIZATION AND
                                          STANDARDS: OTHER SERVICES                               Legal Authority: 15 USC 636(a)(31)                    OPPORTUNITY ACT OF 2008
                                          Regulatory Plan: This entry is Seq. No.                 Abstract: SBA plans to issue                          Legal Authority: 15 USC 632(q); 15
                                          160 in part II of this issue of the                     regulations for the SBA Express loan                  USC 636(j)
                                          Federal Register.                                       program codified in section 7(a)(31) of
                                                                                                  the Small Business Act. The SBA                       Abstract: SBA plans to issue
                                          RIN: 3245–AF70                                          Express loan program reduces the                      regulations to implement section 205 of
                                                                                                  number of Government mandated forms                   the Military Reservist and Veteran
                                                                                                  and procedures, streamlines the                       Small Business Reauthorization and
                                          447. SMALL BUSINESS SIZE                                processing and reduces the cost of                    Opportunity Act. These regulations will
                                          STANDARDS: ACCOMMODATIONS                               smaller, less complex SBA loans. SBA                  provide guidance on tolling of time




erowe on DSK5CLS3C1PROD with RULES
                                          AND FOOD SERVICE INDUSTRIES                             Express loans carry a maximum SBA                     limitations for veteran-owned small
                                                                                                  guaranty of 50 percent.                               businesses.
                                          Regulatory Plan: This entry is Seq. No.
                                          161 in part II of this issue of the                     Timetable:                                            Timetable:
                                          Federal Register.                                       Action                       Date        FR Cite      Action                  Date      FR Cite
                                          RIN: 3245–AF71                                          NPRM                     02/00/10                     NPRM                   03/00/10



                                     VerDate Nov<24>2008   15:16 Dec 04, 2009   Jkt 220001   PO 00000   Frm 00004   Fmt 1254   Sfmt 1254   E:\FR\FM\07DER18.SGM   07DER18
                                                              Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda                                               64513

                                          SBA                                                                                                                               Proposed Rule Stage


                                          Regulatory Flexibility Analysis                         may guarantee timely payment of                       Email: james.rivera@sba.gov
                                          Required: Yes                                           principal and interest, as scheduled, on              RIN: 3245–AG00
                                          Agency Contact: Dean R. Koppel,                         any loan made to an eligible small
                                          Acting Director for Government                          business concern located in a disaster
                                          Contracting, Office of Policy, Planning                 area and to an eligible individual. SBA               455. ∑ INTEREST RATE—RESETTING
                                          and Liaison, Small Business                             may guarantee up to 85 percent of any                 FIXED INTEREST RATE
                                          Administration, 409 3rd Street SW,                      loan under this program and the                       Legal Authority: 15 USC 634
                                          Washington, DC 20416                                    maximum amount of a loan under this
                                                                                                  program is $2 million.                                Abstract: SBA currently offers either a
                                          Phone: 202 205–7322                                                                                           fixed or variable interest rate for 7(a)
                                          Fax: 202 481–1540                                       Timetable:                                            loans. In addition to these rates, the
                                          RIN: 3245–AF87                                          Action                       Date        FR Cite      Agency is working to develop a shorter
                                                                                                                                                        term fixed interest rate with the ability
                                                                                                  NPRM                     12/00/09                     to be re-set periodic intervals. This type
                                          452. IMPLEMENTATION OF SMALL                                                                                  of rate is currently available in the
                                                                                                  Regulatory Flexibility Analysis
                                          BUSINESS DISASTER RESPONSE                                                                                    commercial market place and will help
                                                                                                  Required: Yes
                                          AND LOAN IMPROVEMENT ACT OF                                                                                   provide additional options for small
                                          2008: EXPEDITED DISASTER                                Agency Contact: James E. Rivera,
                                                                                                                                                        business borrowers. By authorizing this
                                          ASSISTANCE PROGRAM                                      Acting Associate Administrator for
                                                                                                                                                        option, SBA is recognizing a need to
                                          Legal Authority: PL 110–246, sec 12085                  Disaster Assistance, Small Business
                                                                                                                                                        allow lenders to utilize market
                                                                                                  Administration, 409 Third Street SW,
                                          Abstract: This proposed rule would                                                                            opportunities. For example, SBA
                                                                                                  Washington, DC 20416
                                          establish and implement an expedited                                                                          recently revised section 120.214 to
                                                                                                  Phone: 202 619–0005
                                          disaster assistance business loan                                                                             allow the use of LIBOR.
                                                                                                  Fax: 202 205–7728
                                          program under which the SBA may, on                     Email: james.rivera@sba.gov                           Timetable:
                                          an expedited basis, guarantee timely
                                                                                                  RIN: 3245–AF99                                        Action                  Date      FR Cite
                                          payment of principal and interest, as
                                          scheduled on any loan made to an                                                                              NPRM                   03/00/10
                                          eligible small business concern under                   454. ∑ IMPLEMENTATION OF SMALL                        Regulatory Flexibility Analysis
                                          paragraph (9) of section 7(b) of the                    BUSINESS DISASTER RESPONSE                            Required: Yes
                                          Small Business Act (15 U.S.C. 636(b)),                  AND LOAN IMPROVEMENT ACT OF
                                          as added by this Act. Paragraph (9) of                                                                        Agency Contact: Grady Hedgespeth,
                                                                                                  2008: IMMEDIATE DISASTER                              Director, Office of Financial Assistance,
                                          section 7(b) of the Small Business Act                  ASSISTANCE PROGRAM
                                          provides that if the President declares                                                                       Small Business Administration, 409 3rd
                                          a major disaster, the Administrator of                  Legal Authority: 15 USC 636(b), 636(c),               Street SW, Washington, DC 20416
                                          the SBA may declare eligibility for                     636(d)                                                Phone: 202 205–7562
                                          additional disaster assistance if certain                                                                     Email: grady.hedgespeth@sba.gov.
                                                                                                  Abstract: This proposed rule would
                                          conditions are satisfied.                               establish and implement an immediate                  RIN: 3245–AG03
                                          Timetable:                                              disaster assistance program under
                                                                                                  which the Administration participates                 456. ∑ 504 PROGRAM GOVERNANCE
                                          Action                     Date          FR Cite
                                                                                                  on a deferred (guaranteed) basis in 85                REGULATIONS
                                          NPRM                     12/00/09                       percent of the balance of the financing
                                                                                                  outstanding at the time of disbursement               Legal Authority: 15 USC 695 et seq
                                          Regulatory Flexibility Analysis
                                          Required: Yes                                           of the loan if such balance is less than              Abstract: Title V of the Small Business
                                                                                                  or equal to $25,000 for businesses                    Investment Act of 1958 (the ‘‘Act’’)
                                          Agency Contact: James E. Rivera,                        affected by a disaster. To receive a loan             authorizes SBA to assist development
                                          Acting Associate Administrator for                      under section 42(a) of the Small                      company financings of small businesses
                                          Disaster Assistance, Small Business                     Business Act, the applicant must also                 in order to foster economic
                                          Administration, 409 Third Street SW,                    apply for, and meet basic eligibility                 development and to create or preserve
                                          Washington, DC 20416                                    standards for, a loan under section 7(b)              job opportunities in both urban and
                                          Phone: 202 619–0005                                     or 7(c) of the Small Business Act.                    rural areas. SBA intends to propose a
                                          Fax: 202 205–7728
                                                                                                  Timetable:                                            regulatory framework by analyzing the
                                          Email: james.rivera@sba.gov
                                                                                                                                                        best CDC structure to improve the
                                          RIN: 3245–AF88                                          Action                       Date        FR Cite      growth of CDC’s and their ability to
                                                                                                  NPRM                     12/00/09                     provide capital to small businesses by
                                          453. ∑ IMPLEMENTATION OF SMALL                                                                                reducing the regulatory burden while
                                                                                                  Regulatory Flexibility Analysis                       maintaining appropriate controls to
                                          BUSINESS DISASTER RESPONSE                              Required: Yes
                                          AND LOAN IMPROVEMENT ACT OF                                                                                   mitigate risk, and to encourage the
                                          2008: PRIVATE LOAN DISASTER                             Agency Contact: James E. Rivera,                      expansion of CDC financings into




erowe on DSK5CLS3C1PROD with RULES
                                          PROGRAM                                                 Acting Associate Administrator for                    communities not currently served. As
                                                                                                  Disaster Assistance, Small Business                   part of this project, SBA will review
                                          Legal Authority: PL 110–246, sec 12083                  Administration, 409 Third Street SW,                  existing regulations to determine what
                                          Abstract: This proposed rule would                      Washington, DC 20416                                  will be deleted or amended based upon
                                          establish and implement a private loan                  Phone: 202 619–0005                                   the proposed regulatory framework.
                                          disaster program under which the SBA                    Fax: 202 205–7728                                     Also, SBA will review existing CDC


                                     VerDate Nov<24>2008   15:16 Dec 04, 2009   Jkt 220001   PO 00000   Frm 00005   Fmt 1254   Sfmt 1254   E:\FR\FM\07DER18.SGM   07DER18
                                          64514               Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda

                                          SBA                                                                                                                               Proposed Rule Stage


                                          loan program regulations unrelated to                   Abstract: SBA currently sets different                Agency Contact: Khem Sharma,
                                          CDC corporate governance to identify                    size standards for participation in its               Division Chief, Division of Size
                                          any needed technical changes and                        financial assistance programs. 7(a)                   Standards, Office of Government
                                          appropriate clarifications.                             borrowers use the standards set out for               Contracting/Business Development,
                                          Timetable:                                              procurement programs or a temporary                   Small Business Administration, 409
                                                                                                  alternate standard; 504 borrowers may                 Third Street SW, Washington, DC
                                          Action                     Date          FR Cite
                                                                                                  use the 7(a) standards or an alternate                20416
                                          NPRM                     03/00/10                       standard; SBIC investment may be                      Phone: 202 205–7189
                                          Regulatory Flexibility Analysis                         made to small businesses that qualify                 Fax: 202 205–6390
                                          Required: Yes                                           through another standard; and Surety
                                                                                                  Bond program participants must meet                   RIN: 3245–AG05
                                          Agency Contact: Grady Hedgespeth,
                                          Director, Office of Financial Assistance,               still different requirements. As part of
                                          Small Business Administration, 409 3rd                  an overall Agency program, SBA will
                                                                                                  review financial program eligibility                  458. WOMEN–OWNED SMALL
                                          Street SW, Washington, DC 20416                                                                               BUSINESS FEDERAL CONTRACT
                                          Phone: 202 205–7562                                     regulations in order to update size
                                                                                                  eligibility requirements among these                  PROGRAM
                                          Email: grady.hedgespeth@sba.gov.
                                                                                                  programs.                                             Regulatory Plan: This entry is Seq. No.
                                          RIN: 3245–AG04
                                                                                                  Timetable:                                            162 in part II of this issue of the
                                                                                                                                                        Federal Register.
                                          457. ∑ SMALL BUSINESS SIZE                              Action                       Date        FR Cite
                                          STANDARDS FOR LOAN,                                                                                           RIN: 3245–AG06
                                                                                                  NPRM                     04/00/10
                                          INVESTMENT, AND SURETY
                                          PROGRAMS                                                Regulatory Flexibility Analysis
                                          Legal Authority: Not Yet Determined                     Required: Yes


                                          Small Business Administration (SBA)                                                                                                   Final Rule Stage


                                          459. LENDER OVERSIGHT PROGRAM                           minimum capital standards for SBLCs,                  Action                  Date      FR Cite
                                                                                                  to issue cease and desist orders, and
                                          Legal Authority: 15 USC                                                                                       NPRM Comment           02/29/08
                                                                                                  revoke or suspend lending authority of
                                          634(b)(6),(b)(7),(b)(14),(h), and note;                                                                          Period End
                                                                                                  SBLCs and NFRLs; (4) establishes the
                                          687(f),697(e)(c)(8), and 650.                                                                                 Interim Final Rule     12/11/08 73 FR 75498
                                                                                                  Bureau of Premier Certified Lender
                                                                                                  Program Oversight in the Office of                    Interim Final Rule     03/11/09
                                          Abstract: This rule implements the
                                                                                                                                                           Comment Period
                                          Small Business Administration’s (SBA)                   Credit Risk management; (5) transfers                    End
                                          statutory authority under the Small                     existing SBA enforcement authority                    Interim Final Rule     01/12/09
                                          Business Reauthorization and                            over CDCs from the Office of Financial                   Effective
                                          Manufacturing Assistance Act of 2004                    Assistance to the appropriate official in             Final Action           06/00/10
                                          (Reauthorization Act) to regulate Small                 the Office of Capital Access; and (6)
                                          Business Lending Companies (SBLCs)                      defines SBA’s oversight and                           Regulatory Flexibility Analysis
                                          and non-federally regulated lenders                     enforcement authorities relative to all               Required: Yes
                                          (NFRLs). It also conforms SBA rules to                  SBA lenders participating in the 7(a)                 Agency Contact: Bryan Hooper,
                                          various changes in the section 7(a)                     and CDC programs and intermediaries                   Director, Office of Credit Risk
                                          Business Loan Program and the                           in the Microloan program.                             Management, Small Business
                                          Certified Development Company (CDC)                                                                           Administration, 409 3rd Street SW,
                                          Program.                                                Timetable:                                            Washington, DC 20416
                                          In particular, this rule (1) Defines                    Action                       Date        FR Cite      Phone: 202 205–3049
                                          SBLCs and NFRLs; (2) clarifies SBA’s                                                                          Fax: 202 205–6831
                                                                                                  NPRM                     10/31/07 72 FR 61752
                                          authority to regulate SBLCs and NFRLs;                                                                        Email: bryan.hooper@sba.gov
                                                                                                  NPRM Comment             12/20/07 72 FR 72264
                                          (3) authorizes SBA to set certain                        Period Extended                                      RIN: 3245–AE14


                                          Small Business Administration (SBA)                                                                                                 Completed Actions




erowe on DSK5CLS3C1PROD with RULES
                                          460. DEFINITION OF ‘‘EMPLOYEE’’                         Abstract: The purpose of this rule is                 concern is eligible for certification as
                                          FOR PURPOSES OF THE HUBZONE                             to amend the definition of ‘‘employee’’               a HUBZone small business concern. On
                                          PROGRAM                                                 under 13 CFR 126.103. The definition                  May 13, 2004, SBA issued an Advance
                                                                                                  of ‘‘employee’’ in part 126 is relevant               Notice of Proposed Rulemaking
                                          Legal Authority: 15 USC 657 (a)                         to SBA’s determination of whether a                   requesting comments on, among other



                                     VerDate Nov<24>2008   15:16 Dec 04, 2009   Jkt 220001   PO 00000   Frm 00006   Fmt 1254   Sfmt 1254   E:\FR\FM\07DER18.SGM   07DER18
                                                              Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda                                              64515

                                          SBA                                                                                                                                Completed Actions


                                          things, specific issues related to the                  Email: guy.torres@sba.gov                             to systemically important SBA
                                          definition of ‘‘employee,’’ including the               RIN: 3245–AF44                                        secondary market broker-dealers. In
                                          status of part-time, leased, and                                                                              addition, new regulations will increase
                                          temporary employees, and the use of                                                                           the maximum leverage limits for small
                                          the term ‘‘full-time equivalent’’ in the                461. IMPLEMENTATION OF                                business investment companies, and
                                          definition of ‘‘employee.’’ After careful               AMERICAN RECOVERY AND                                 will increase the maximum contract
                                          consideration of the comments                           REINVESTMENT ACT OF 2009                              amount in the Surety Bond Guarantee
                                          received, SBA has decided to amend                      Legal Authority: 15 USC 636; 15 USC                   program.
                                          the definition of ‘‘employee’’ to reflect               683(b); 15 USC 686(a); 15 USC 695,697
                                                                                                                                                        Completed:
                                          current business operations, market                     Abstract: SBA plans to issue
                                          conditions, and personnel practices                     regulations to implement the American                 Reason                   Date   FR Cite
                                          within the small business community.                    Recovery and Reinvestment Act of                      Withdrawn—Duplicate 10/10/09
                                          Completed:                                              2009. The new regulations will make
                                                                                                  conforming changes to existing                        Regulatory Flexibility Analysis
                                          Reason                     Date          FR Cite        regulations and establish several new                 Required: Yes

                                          Final Action             11/03/09 74 FR 56699
                                                                                                  programs. These programs include a                    Agency Contact: Eric R Zarnikow
                                                                                                  secondary market guarantee program                    Phone: 202 205–6657
                                          Final Action Effective   05/03/10
                                                                                                  for 504 first mortgages, a refinancing                Fax: 202 481–0797
                                          Regulatory Flexibility Analysis                         program for community development                     Email: eric.zarnikow@sba.gov
                                          Required: Yes                                           loans, a business stabilization loan
                                                                                                  program for small businesses                          RIN: 3245–AF89
                                          Agency Contact: Guy A. Torres                           experiencing immediate financial                      [FR Doc. E9–28586 Filed 12–04–09; 8:45 am]
                                          Phone: 202 205–7583                                     hardship, and a program to make loans                 BILLING CODE 8025–01–S




erowe on DSK5CLS3C1PROD with RULES


                                     VerDate Nov<24>2008   15:16 Dec 04, 2009   Jkt 220001   PO 00000   Frm 00007   Fmt 1254   Sfmt 1254   E:\FR\FM\07DER18.SGM   07DER18


File and source

File
e9-28586-pdf_71b2ace42afd692d.pdf
Size
191,758 bytes
SHA-256
fbb341e1d8528710687d785011d4847f0f9b72643ac9dc2fc232b3d28061c440
Our copy
e9-28586-pdf_71b2ace42afd692d.pdf
Original
www.govinfo.gov
Back to top