Semiannual Regulatory Agenda

Part XVI

Small Business Administration

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###Semiannual Regulatory Agenda###

[[Page 21890]]

SMALL BUSINESS ADMINISTRATION (SBA)

_______________________________________________________________________

SMALL BUSINESS ADMINISTRATION

13 CFR Ch. I

Semiannual Regulatory Agenda

AGENCY: U.S. Small Business Administration (SBA).

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: The Regulatory Flexibility Act (RFA) and Executive Order 12866

require each agency to publish semiannually a regulatory agenda

(agenda) that includes an inventory of all current and projected

rulemakings, including regulations the agency expects to develop during

the next 12 months and regulations completed since the last publication

of the agency's agenda. SBA is publishing this agenda to provide the

public with notice about SBA's regulatory activities and to provide

specific information about those activities. This information will

promote the public's participation in SBA's regulatory activities.

FOR FURTHER INFORMATION CONTACT: For additional information about

specific regulatory actions listed in the agenda, you should direct

your comments and inquiries to the appropriate agency contact

identified in each entry. For general information about the agenda, you

should direct your comments or inquiries to Martin ``Sparky'' Conrey,

Assistant General Counsel for Legislation and Appropriations, U.S.

Small Business Administration, 409 Third Street SW., Washington, DC

20416, (202) 619-0638, [email protected].

SUPPLEMENTARY INFORMATION: This agenda announces the proposed

regulatory actions that SBA plans for the next 12 months and those that

were completed since the fall 2009 edition of the agenda. As permitted

by law, SBA is combining the publication of its agenda as required by

statute and Executive order and conforming them to the Unified Agenda

of Federal Regulatory and Deregulatory Actions format developed by the

Regulatory Information Service Center.

The purpose of the agenda is to provide information to the

public on regulations currently under review, being proposed,

completed, or withdrawn by SBA. Accordingly, rulemaking action in

SBA's agenda is grouped according to its stage of development. The

stages of development are prerulemaking, proposed rules, final

rules, and rulemaking actions completed since the fall 2009 agenda.

The agenda is intended to facilitate comments and views by

interested members of the public. SBA encourages public

participation in its rulemaking process through various media

including www.regulations.gov. This website allows SBA to place

rules on the website and receive public comments through that

medium. SBA also provides a link from www.sba.gov to that website.

SBA's regulations promote statutory mandates and Presidential

directives, and are linked to SBA's goals to improve the economic

environment for small business; drive business formation, job

growth, and economic expansion, particularly in underserved

markets; provide financial assistance to individuals and businesses

affected by disaster; and operate and manage SBA's programs and

resources efficiently and effectively.

Publication of proposed rulemaking actions in the agenda does

not impose any obligation on SBA to take any final action with

regard to any specific item. Furthermore, SBA is not precluded from

rulemaking activities that are not listed in this agenda. The dates

listed in the timetables for specific actions are estimates and not

commitments to act on or by the particular date.

The complete Unified Agenda will be available online at

www.reginfo.gov in a format that offers users a greatly enhanced

ability to obtain information from the Agenda database. Publication

in the Federal Register is mandated for the regulatory flexibility

agendas required by the Regulatory Flexibility Act (5 U.S.C. 602).

SBA's printed agenda entries include rules that would be in the

Agency's regulatory flexibility agenda, in accordance with the

Regulatory Flexibility Act, because they are likely to have a

significant economic impact on a substantial number of small

entities.

Printing of these entries is limited to fields that contain

information required by the Regulatory Flexibility Act's Agenda

requirements. Additional information on these entries is available

in the Unified Agenda published on the Internet.

Dated: March 2, 2010.

Karen G. Mills,

Administrator.

Small Business Administration--Proposed Rule Stage

----------------------------------------------------------------------------------------------------------------

Regulation

Sequence Title Identifier

Number Number

----------------------------------------------------------------------------------------------------------------

279 SBA Express Loan Program.............................................................. 3245-AF85

280 Implementation of Energy Independence and Security Act of 2007........................ 3245-AF86

281 Implementation of Military Reservist and Veteran Small Business Reauthorization and 3245-AF87

Opportunity Act of 2008...............................................................

282 Implementation of Small Business Disaster Response and Loan Improvement Act of 2008: 3245-AF88

Expedited Disaster Assistance Program.................................................

283 Implementation of Small Business Disaster Response and Loan Improvement Act of 2008: 3245-AF99

Private Loan Disaster Program.........................................................

284 Women's Business Center Program....................................................... 3245-AG02

285 Interest Rate--Resetting Fixed Interest Rate.......................................... 3245-AG03

286 504 Program Governance Regulations.................................................... 3245-AG04

287 Small Business Size Standards for Loan, Investment, and Surety Programs............... 3245-AG05

288 Women-Owned Small Business Federal Contract Program................................... 3245-AG06

289 Small Business Size Standards: Professional, Scientific and Technical Services........ 3245-AG07

[[Page 21891]]

290 Small Business Size Standards: Transportation and Warehousing Industries.............. 3245-AG08

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Small Business Administration--Final Rule Stage

----------------------------------------------------------------------------------------------------------------

Regulation

Sequence Title Identifier

Number Number

----------------------------------------------------------------------------------------------------------------

291 Lender Oversight Program.............................................................. 3245-AE14

292 8(a) Business Development............................................................. 3245-AF53

293 Small Business, Small Disadvantaged Business, HUBZone, and Service-Disabled Veteran- 3245-AF65

Owned Protest and Appeal Regulations..................................................

294 Small Business Size Standards: Retail Trade Industries................................ 3245-AF69

295 Small Business Size Standards: Other Services......................................... 3245-AF70

296 Small Business Size Standards: Accommodations and Food Service Industries............. 3245-AF71

297 Implementation of Small Business Disaster Response and Loan Improvement Act of 2008: 3245-AG00

Immediate Disaster Assistance Program.................................................

----------------------------------------------------------------------------------------------------------------

Small Business Administration--Long-Term Actions

----------------------------------------------------------------------------------------------------------------

Regulation

Sequence Title Identifier

Number Number

----------------------------------------------------------------------------------------------------------------

298 Small Business Development Centers (SBDC) Program Revisions........................... 3245-AE05

----------------------------------------------------------------------------------------------------------------

Small Business Administration--Completed Actions

----------------------------------------------------------------------------------------------------------------

Regulation

Sequence Title Identifier

Number Number

----------------------------------------------------------------------------------------------------------------

299 Women-Owned Small Business Federal Contract Assistance Procedures--Eligible Industries 3245-AF80

----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________

Small Business Administration (SBA) Proposed Rule Stage

_______________________________________________________________________

279. SBA EXPRESS LOAN PROGRAM

Legal Authority: 15 USC 636(a)(31)

Abstract: SBA plans to issue regulations for the SBA Express loan

program codified in section 7(a)(31) of the Small Business Act. The SBA

Express loan program reduces the number of Government mandated forms

and procedures, streamlines the processing and reduces the cost of

smaller, less complex SBA loans. Particular features of the SBA Express

loan program include: (1) SBA Express loans carry a maximum SBA

guaranty of 50 percent; (2) a response to an SBA Express loan

application will be given within 36 hours; (3) lenders and borrowers

can negotiate the interest rate, which may not exceed SBA maximums; and

(4) qualified lenders may be granted authorization to make eligibility

determinations.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Grady Hedgespeth, Director, Office of Financial

Assistance, Small Business Administration, 409 Third Street SW,

Washington, DC 20416

Phone: 202 205-7562

Email: [email protected].

RIN: 3245-AF85

_______________________________________________________________________

280. IMPLEMENTATION OF ENERGY INDEPENDENCE AND SECURITY ACT OF 2007

Legal Authority: 15 USC 636(a)(32)

Abstract: SBA plans to issue regulations to implement the small

business energy provisions in the Energy Independence and Security Act

of 2007. The new regulations will provide guidance on several program

changes, including larger 504 loan limits to help small businesses

develop energy efficient technologies, investments in energy saving

small businesses, and an energy saving debenture program.

[[Page 21892]]

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: James W. Hammersley, Deputy Assistant Administrator,

Office of Policy and Strategic Planning, Small Business Administration,

409 Third Street SW, Washington, DC 20416

Phone: 202 205-6490

Email: [email protected]

RIN: 3245-AF86

_______________________________________________________________________

281. IMPLEMENTATION OF MILITARY RESERVIST AND VETERAN SMALL BUSINESS

REAUTHORIZATION AND OPPORTUNITY ACT OF 2008

Legal Authority: 15 USC 632(q); 15 USC 636(j)

Abstract: SBA plans to issue regulations to implement section 205 of

the Military Reservist and Veteran Small Business Reauthorization and

Opportunity Act. This Act provides that any time limitation on any

qualification, certification, or period of participation imposed under

the Small Business Act on any program that is available to small

business concerns shall be extended for a small business concern that

is owned and controlled by a veteran who was called or ordered to

active duty or a service-disabled veteran who became such a veteran due

to an injury or illness incurred or aggravated in the active military

duty. These regulations will provide guidance on tolling of time

limitations for veteran-owned small businesses.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Dean R. Koppel, Assistant Director, Office of Policy

and Research, Small Business Administration, 409 Third Street SW,

Washington, DC 20416

Phone: 202 205-7322

Fax: 202 481-1540

Email: [email protected]

RIN: 3245-AF87

_______________________________________________________________________

282. IMPLEMENTATION OF SMALL BUSINESS DISASTER RESPONSE AND LOAN

IMPROVEMENT ACT OF 2008: EXPEDITED DISASTER ASSISTANCE PROGRAM

Legal Authority: 15 USC 636(j)

Abstract: This proposed rule would establish and implement an expedited

disaster assistance business loan program under which the SBA will

guarantee short-term loans made by private lenders to eligible small

businesses located in a catastrophic disaster area. The maximum loan

amount is $150,000, and SBA will guarantee timely payment of principal

and interest to the lender. The maximum loan term is 180 days, and the

interest rate is limited to 300 basis points over the Federal funds

rate.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 12/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: James E. Rivera, Associate Administrator for Disaster

Assistance, Small Business Administration, 409 Third Street SW,

Washington, DC 20416

Phone: 202 619-0005

Fax: 202 205-7728

Email: [email protected]

RIN: 3245-AF88

_______________________________________________________________________

283. IMPLEMENTATION OF SMALL BUSINESS DISASTER RESPONSE AND LOAN

IMPROVEMENT ACT OF 2008: PRIVATE LOAN DISASTER PROGRAM

Legal Authority: 15 USC 636

Abstract: This proposed rule would establish and implement a private

disaster loan program under which SBA will guarantee loans made by

qualified lenders to eligible small businesses and homeowners located

in a catastrophic disaster area. Private disaster loans made under this

programs will have the same terms and conditions as SBA's direct

disaster loans. In addition, SBA will guarantee timely payment of

principal and interest to the lender. SBA may guarantee up to 85

percent of any loan under this program and the maximum loan amount is

$2 million.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 12/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: James E. Rivera, Associate Administrator for Disaster

Assistance, Small Business Administration, 409 Third Street SW,

Washington, DC 20416

Phone: 202 619-0005

Fax: 202 205-7728

Email: [email protected]

RIN: 3245-AF99

_______________________________________________________________________

284. WOMEN'S BUSINESS CENTER PROGRAM

Legal Authority: 15 USC 656

Abstract: SBA plans to issue regulations for the Women's Business

Center (WBC) Program. The WBC provides financial assistance to

organizations that provide management and technical assistance to small

business concerns owned and controlled by women, and to women wishing

to start a small business. The purpose of this proposed rule is to

codify a framework for the development, delivery, funding and

measurement of management and technical assistance projects conducted

by Women's Business Center program grantees.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Ana Harvey, Assistant Administrator, Office of Women's

Business Ownership, Small Business Administration, 409 3rd Street SW,

Washington, DC 20416

Phone: 202 205-6677

Email: [email protected]

RIN: 3245-AG02

_______________________________________________________________________

285. INTEREST RATE--RESETTING FIXED INTEREST RATE

Legal Authority: 15 USC 634

Abstract: SBA currently offers either a fixed or variable interest rate

for 7(a) loans. In addition to these rates, the Agency is working to

develop a shorter term fixed interest rate with the ability to be re-

set at periodic intervals. This

[[Page 21893]]

type of rate is currently available in the commercial market place and

will help provide additional options for small business borrowers. By

authorizing this option, SBA is recognizing a need to allow lenders to

utilize market opportunities. For example, SBA recently revised its

rules to allow the use of LIBOR.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Grady Hedgespeth, Director, Office of Financial

Assistance, Small Business Administration, 409 Third Street SW,

Washington, DC 20416

Phone: 202 205-7562

Email: [email protected].

RIN: 3245-AG03

_______________________________________________________________________

286. 504 PROGRAM GOVERNANCE REGULATIONS

Legal Authority: 15 USC 695 et seq

Abstract: The Small Business Investment Act of 1958 (the ``Act'')

authorizes SBA to assist development company financings of small

businesses in order to foster economic development and to create or

preserve job opportunities in both urban and rural areas. SBA intends

to propose a regulatory framework by analyzing the best CDC structure

to improve the growth of CDC's and their ability to provide capital to

small businesses by reducing the regulatory burden while maintaining

appropriate controls to mitigate risk, and to encourage the expansion

of CDC financings into communities not currently served. As part of

this project, SBA will review existing regulations to determine what

will be deleted or amended based upon the proposed regulatory

framework. Also, SBA will review existing CDC loan program regulations

unrelated to CDC corporate governance to identify any needed technical

changes and appropriate clarifications.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 09/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Grady Hedgespeth, Director, Office of Financial

Assistance, Small Business Administration, 409 Third Street SW,

Washington, DC 20416

Phone: 202 205-7562

Email: [email protected].

RIN: 3245-AG04

_______________________________________________________________________

287. SMALL BUSINESS SIZE STANDARDS FOR LOAN, INVESTMENT, AND SURETY

PROGRAMS

Legal Authority: 15 USC 632, 634(b)(6), 636(b), 637, 644, 662(5); PL

105-135, sec. 401 et seq.

Abstract: SBA currently sets different size standards for participation

in its financial assistance programs. 7(a) borrowers use the standards

set out for procurement programs or a temporary alternate standard; 504

borrowers may use the 7(a) standards or an alternate standard; SBIC

investment may be made to small businesses that qualify through another

standard; and Surety Bond program participants must meet still

different requirements. As part of an overall Agency program, SBA will

review financial program eligibility regulations in order to update

size eligibility requirements among these programs.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Khem Sharma, Division Chief, Division of Size

Standards, Office of Government Contracting/Business Development, Small

Business Administration, 409 Third Street SW, Washington, DC 20416

Phone: 202 205-7189

Fax: 202 205-6390

Email: [email protected]

RIN: 3245-AG05

_______________________________________________________________________

288. WOMEN-OWNED SMALL BUSINESS FEDERAL CONTRACT PROGRAM

Legal Authority: 15 USC 637(m)

Abstract: This proposed rule will establish regulations to implement

the Women-Owned Small Business (WOSB) Federal Contract Assistance

Program, authorized under section 8(m) of the Small Business Act.

Section 8(m) was enacted as part of Public Law 106-554 to provide a

targeted procurement mechanism to assist Federal agencies in achieving

the statutory goal of 5 percent for contracting with WOSBs. In

accordance with section 8(m), the new regulations would authorize

contracting officers to restrict competition to eligible WOSBs for

certain Federal contracts in industries in which SBA has determined

that WOSBs are underrepresented or substantially underrepresented in

Federal procurement. Also consistent with section 8(m), the authority

to restrict competition would be limited to contracts not exceeding $3

million, or $5 million in the case of manufacturing contracts. In

implementing section 8(m) the proposed regulations would further

provide: the eligible industries in which WOSBs are underrepresented or

substantially underrepresented; the specific eligibility requirements

for WOSBs to qualify for program participation; the procedures for

concerns to certify their eligibility; the process for SBA to verify

the continuing WOSB eligibility; the contractual and business

development assistance available under the program; the relevant

protest and appeal procedures; and the applicable penalties.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 03/04/10 75 FR 10030

NPRM Comment Period End 05/03/10

Final Action 10/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Dean R. Koppel, Assistant Director, Office of Policy

and Research, Small Business Administration, 409 Third Street SW,

Washington, DC 20416

Phone: 202 205-7322

Fax: 202 481-1540

Email: [email protected]

RIN: 3245-AG06

_______________________________________________________________________

289. SMALL BUSINESS SIZE STANDARDS: PROFESSIONAL,

SCIENTIFIC AND TECHNICAL SERVICES

Legal Authority: 15 USC 632(a)

Abstract: The U.S. Small Business Administration (SBA) proposes to

modify small business size standards for industries in the North

American Industry Classification System (NAICS)

[[Page 21894]]

Sector 54, Professional, Scientific and Technical Services. As part of

its ongoing initiative to review all size standards, SBA will evaluate

each industry in Sector 54 to determine whether the existing size

standards should be retained or revised. This is one of a series of

proposed rules that will examine industries grouped by an NAICS Sector.

SBA has applied its ``Size Standards Methodology,'' which is available

on its website at http://www.sba.gov/size, to this proposed rule.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Khem Raj Sharma, Chief, Office of Size Standards, Small

Business Administration, 409 Third Street SW, Washington, DC 20416

Phone: 202 205-6390

Fax: 202 205-6390

Email: [email protected]

RIN: 3245-AG07

_______________________________________________________________________

290. SMALL BUSINESS SIZE STANDARDS: TRANSPORTATION

AND WAREHOUSING INDUSTRIES

Legal Authority: 15 USC 632(a)

Abstract: The U.S. Small Business Administration (SBA) proposes to

modify small business size standards for industries in the North

American Industry Classification System (NAICS) Sector 48-49,

Transportation and Warehousing Industries. As part of its ongoing

initiative to review all size standards, SBA will evaluate each

industry in Sector 48-49 to determine whether the existing size

standards should be retained or revised. This is one of a series of

proposed rules that will examine industries grouped by an NAICS Sector.

SBA has applied its ``Size Standards Methodology,'' which is available

on its website at http://www.sba.gov/size, to this proposed rule.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Khem Sharma, Division Chief, Division of Size

Standards, Office of Government Contracting/Business Development, Small

Business Administration, 409 Third Street SW, Washington, DC 20416

Phone: 202 205-7189

Fax: 202 205-6390

Email: [email protected]

RIN: 3245-AG08

_______________________________________________________________________

Small Business Administration (SBA) Final Rule Stage

_______________________________________________________________________

291. LENDER OVERSIGHT PROGRAM

Legal Authority: 15 USC 634(5)(b)(6),(b)(7),(b)(14),(h) and note;

687(f),697(e)(c)(8), and 650.

Abstract: This rule implements the Small Business Administration's

(SBA) statutory authority under the Small Business Reauthorization and

Manufacturing Assistance Act of 2004 (Reauthorization Act) to regulate

Small Business Lending Companies (SBLCs) and non-federally regulated

lenders (NFRLs). It also conforms SBA rules for the section 7(a)

Business Loan Program and the Certified Development Company (CDC)

Program.

In particular, this rule: (1) Defines SBLCs and NFRLs; (2) clarifies

SBA's authority to regulate SBLCs and NFRLs; (3) authorizes SBA to set

certain minimum capital standards for SBLCs, to issue cease and desist

orders, and revoke or suspend lending authority of SBLCs and NFRLs; (4)

establishes the Bureau of Premier Certified Lender Program Oversight in

the Office of Credit Risk management; (5) transfers existing SBA

enforcement authority over CDCs from the Office of Financial Assistance

to the appropriate official in the Office of Capital Access; and (6)

defines SBA's oversight and enforcement authorities relative to all SBA

lenders participating in the 7(a) and CDC programs and intermediaries

in the Microloan program.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 10/31/07 72 FR 61752

NPRM Comment Period Extended 12/20/07 72 FR 72264

NPRM Comment Period End 02/29/08

Interim Final Rule 12/11/08 73 FR 75498

Interim Final Rule Comment

Period End 03/11/09

Interim Final Rule Effective 01/12/09

Final Action 08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Bryan Hooper, Director, Office of Credit Risk

Management, Small Business Administration, 409 Third Street SW,

Washington, DC 20416

Phone: 202 205-3049

Fax: 202 205-6831

Email: [email protected]

RIN: 3245-AE14

_______________________________________________________________________

292. 8(A) BUSINESS DEVELOPMENT

Legal Authority: 15 USC 634(b)(6), 636(j), 637(a) and (d)

Abstract: This rule proposes to make a number of changes to the

regulations governing the 8(a) Business Development (8(a) BD) Program

and several changes to SBA's size regulations. Some of the changes

involve technical issues, such as changing the term ``SIC code'' to

``NAICS code'' to reflect the national conversion to the North American

Industry Classification System. SBA has learned through experience that

certain of its rules governing the 8(a) BD program are too restrictive

and serve to unfairly preclude firms from being admitted to the

program. In other cases, SBA has determined that a rule is too

expansive or indefinite and has sought to restrict or clarify that

rule. Changes are also being proposed to correct past public or agency

misinterpretation. Also, new situations have arisen that were not

anticipated when the current rules were drafted and the proposed rule

seeks to cover those situations. Finally, one of the changes, involving

Native Hawaiian Organizations, implements recently enacted legislation.

[[Page 21895]]

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 10/28/09 74 FR 55694

NPRM Comment Period End 12/28/09

NPRM Comment Period Extended 12/09/09 74 FR 65040

Hearing; Tribal Consultation 12/07/09 74 FR 64026

Hearing 12/14/09 74 FR 66176

Hearing 01/11/10 75 FR 1296

NPRM Comment Period End 01/28/10

Final Action 08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Joe Loddo, Associate Administrator, Office of Business

Development, Small Business Administration, 409 Third Street SW,

Washington, DC 20416

Phone: 202 205-7550

Email: [email protected]

RIN: 3245-AF53

_______________________________________________________________________

293. SMALL BUSINESS, SMALL DISADVANTAGED BUSINESS, HUBZONE, AND SERVICE-

DISABLED VETERAN-OWNED PROTEST AND APPEAL REGULATIONS.

Legal Authority: 15 USC 632; 15 USC 634

Abstract: SBA is proposing to standardize protest and appeal

regulations across all small business programs and clarify the effect

of a negative determination on the procurement in question. SBA's

proposed rule will clarify that an award should not be made to an

ineligible concern, and in cases where an award has been made prior to

an SBA final decision finding a business to be ineligible, the

contracting agency shall either terminate the contract, not exercise an

option, or not award further task or delivery orders to the ineligible

concern. SBA is also proposing to clarify how contracting officers

select NAICS codes for multiple award task and delivery order

contracts. The changes recommended were prompted by recent bid protest

litigation, a survey of cases handled by SBA's Government Contracting

Area Offices, and recent rulings by SBA's Office of Hearings and

Appeals.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 03/01/10 75 FR 9129

NPRM Comment Period End 03/31/10

Final Action 08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Khem Sharma, Division Chief, Division of Size

Standards, Office of Government Contracting/Business Development, Small

Business Administration, 409 Third Street SW, Washington, DC 20416

Phone: 202 205-7189

Fax: 202 205-6390

Email: [email protected]

RIN: 3245-AF65

_______________________________________________________________________

294. SMALL BUSINESS SIZE STANDARDS: RETAIL TRADE INDUSTRIES

Legal Authority: 15 USC 632(a)

Abstract: The U.S. Small Business Administration (SBA) proposes to

increase small business size standards for 48 industries in North

American Industry Classification System (NAICS) Sector 44-45, Retail

Trade, and retain the current standards for the remaining 28 industries

in the Sector. As part of its ongoing initiative to review all size

standards, SBA has evaluated each industry in Sector 44-45 to determine

whether the existing size standards should be retained or revised. This

proposed rule is one of a series of proposals that will examine

industries grouped by an NAICS Sector. SBA has established its ``Size

Standards Methodology'' available on SBA's Web site at http://

www.sba.gov/size. SBA has applied its ``Size Standards Methodology'' to

this proposed rule.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 10/21/09 74 FR 53924

NPRM Comment Period End 12/21/09

Final Action 08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Khem Sharma, Division Chief, Division of Size

Standards, Office of Government Contracting/Business Development, Small

Business Administration, 409 Third Street SW, Washington, DC 20416

Phone: 202 205-7189

Fax: 202 205-6390

Email: [email protected]

RIN: 3245-AF69

_______________________________________________________________________

295. SMALL BUSINESS SIZE STANDARDS: OTHER SERVICES

Legal Authority: 15 USC 632(a)

Abstract: The U.S. Small Business Administration (SBA) proposes to

increase the small business size standards for 18 industries in North

American Industry Classification System (NAICS) Sector 81, Other

Services, and retain the current standards for the remaining 30

industries in the Sector. As part of its ongoing initiative to review

all size standards, SBA has evaluated each industry in Sector 81 to

determine whether the existing size standards should be retained or

revised. This proposed rule is one of a series of proposals that will

examine industries grouped by an NAICS Sector. SBA has established its

``Size Standards Methodology'' available on SBA's website at http://

www.sba.gov/size. SBA has applied its ``Size Standards Methodology'' to

this proposed rule.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 10/21/09 74 FR 53941

NPRM Comment Period End 12/21/09

Final Action 08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Khem Sharma, Division Chief, Division of Size

Standards, Office of Government Contracting/Business Development, Small

Business Administration, 409 Third Street SW, Washington, DC 20416

Phone: 202 205-7189

Fax: 202 205-6390

Email: [email protected]

RIN: 3245-AF70

_______________________________________________________________________

296. SMALL BUSINESS SIZE STANDARDS: ACCOMMODATIONS AND FOOD SERVICE

INDUSTRIES

Legal Authority: 15 USC 632(a)

Abstract: The U.S. Small Business Administration (SBA) proposes to

increase small business size standards for five industries in North

American Industry Classification System (NAICS) Sector 72,

Accommodation and Food Services--namely NAICS 721110,

[[Page 21896]]

Hotels and Motels, from $7.0 million to $30 million; NAICS 721120,

Casino Hotels, from $7.0 million to $30 million; NAICS 722211, Limited

Service Restaurants, from $7.0 million to $10 million; NAICS 722212,

Cafeterias, from $7.0 million to $25.5 million; and NAICS 722310, Food

Service Contractors, from $20.5 million to $35.5 million. As part of

its ongoing initiative to review all size standards, SBA has evaluated

each industry in Sector 72 to determine whether the existing size

standards should be retained or revised. This proposed rule is one of a

series of proposals that will examine industries grouped by an NAICS

Sector. SBA has established its ``Size Standards Methodology''

available on SBA's Web site at http: //www.sba.gov/size. SBA has

applied its ``Size Standards Methodology'' to this proposed rule.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 10/21/09 74 FR 53913

NPRM Comment Period End 12/21/09

Final Action 08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Khem Sharma, Division Chief, Division of Size

Standards, Office of Government Contracting/Business Development, Small

Business Administration, 409 Third Street SW, Washington, DC 20416

Phone: 202 205-7189

Fax: 202 205-6390

Email: [email protected]

RIN: 3245-AF71

_______________________________________________________________________

297. IMPLEMENTATION OF SMALL BUSINESS DISASTER RESPONSE AND LOAN

IMPROVEMENT ACT OF 2008: IMMEDIATE DISASTER ASSISTANCE PROGRAM

Legal Authority: 15 USC 636(b), 636(c), 636(d)

Abstract: This proposed rule would establish and implement an immediate

disaster assistance bridge loan program under which SBA will guarantee

loans made by private lenders to eligible businesses located in a

disaster area that also apply for a loan under SBA's direct disaster

loan program or new private disaster loan program. SBA may guarantee 85

percent of any loan under this program and the maximum loan amount is

$25,000. SBA will process applications for immediate disaster

assistance bridge loans within 36 hours of receipt.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

Interim Final Rule 08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: James E. Rivera, Associate Administrator for Disaster

Assistance, Small Business Administration, 409 Third Street SW,

Washington, DC 20416

Phone: 202 619-0005

Fax: 202 205-7728

Email: [email protected]

RIN: 3245-AG00

_______________________________________________________________________

Small Business Administration (SBA) Long-Term Actions

_______________________________________________________________________

298. SMALL BUSINESS DEVELOPMENT CENTERS (SBDC) PROGRAM REVISIONS

Legal Authority: 15 USC 634(b)(6); 15 USC 648

Abstract: This rule would update Small Business Deveopment Center

(SBDC) program regulations. This rule would amend: (1) procedures for

approving and funding of SBDCs; (2) approval procedures for travel

outside the continental U.S. and U.S. territories; (3) procedures and

requirements regarding findings and disputes resulting from financial

exams, programmatic reviews, accreditation reviews, and other SBA

oversight activities; (4) requirements for new and renewal applications

for SBDC awards, including the requirements for electronic submission

through the approved electronic Government submission facility; and (5)

provisions regarding the collection and use of individual SBDC client

data.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 08/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Antonio Doss

Phone: 202 205-6766

Email: [email protected]

RIN: 3245-AE05

_______________________________________________________________________

Small Business Administration (SBA) Completed Actions

_______________________________________________________________________

299. WOMEN-OWNED SMALL BUSINESS FEDERAL CONTRACT ASSISTANCE PROCEDURES--

ELIGIBLE INDUSTRIES

Legal Authority: 15 USC 637(m)

Abstract: SBA plans to withdraw this proposed rule and promulgate a new

rule in order to establish and implement an effective WOSB procurement

program. The new rule, titled ``Women-Owned Small Business Federal

Contract Program'' is identified as RIN 3245-AG06. SBA is committed to

moving forward to implement a successful WOSB procurement program.

Completed:

________________________________________________________________________

Reason Date FR Cite

________________________________________________________________________

Withdrawal and New Rule 03/04/10 75 FR 10030

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Dean R. Koppel

Phone: 202 205-7322

Fax: 202 481-1540

[[Page 21897]]

Email: [email protected]

RIN: 3245-AF80

[FR Doc. 2010-8943 Filed 04-23-10; 8:45 am]

BILLING CODE 8025-01-S