80_FR_17771 80 FR 17708 - Small Business Development Center Program Revisions

80 FR 17708 - Small Business Development Center Program Revisions

SMALL BUSINESS ADMINISTRATION

Federal Register Volume 80, Issue 63 (April 2, 2015)

Page Range17708-17712
FR Document2015-06854

The U.S. Small Business Administration (SBA) is seeking comments on this Advance Notice of Proposed Rulemaking (ANPRM) regarding the Small Business Development Center (SBDC) Program (the Program). Specifically, the SBA is seeking comments on development of potential proposed amendments to current regulations governing the Program, which is authorized by the Small Business Act. This ANPRM is being issued to commence the consultative process with stakeholders to examine several issues such as International Trade counselor certification requirements, steps to selecting State/Region Directors, procedures for international travel, clarifying the use of carryover funds and procedures regarding the determination to affect suspension, termination or non-renewal of an SBDC's cooperative agreement to name a few. This ANPRM also addresses other policy and procedural changes necessary for the implementation of the Program.

Federal Register, Volume 80 Issue 63 (Thursday, April 2, 2015)
[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Proposed Rules]
[Pages 17708-17712]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06854]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / 
Proposed Rules

[[Page 17708]]



SMALL BUSINESS ADMINISTRATION

13 CFR Part 130

RIN 3245-AE05


Small Business Development Center Program Revisions

AGENCY: U.S. Small Business Administration.

ACTION: Advance notice of proposed rulemaking.

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

SUMMARY: The U.S. Small Business Administration (SBA) is seeking 
comments on this Advance Notice of Proposed Rulemaking (ANPRM) 
regarding the Small Business Development Center (SBDC) Program (the 
Program). Specifically, the SBA is seeking comments on development of 
potential proposed amendments to current regulations governing the 
Program, which is authorized by the Small Business Act. This ANPRM is 
being issued to commence the consultative process with stakeholders to 
examine several issues such as International Trade counselor 
certification requirements, steps to selecting State/Region Directors, 
procedures for international travel, clarifying the use of carryover 
funds and procedures regarding the determination to affect suspension, 
termination or non-renewal of an SBDC's cooperative agreement to name a 
few. This ANPRM also addresses other policy and procedural changes 
necessary for the implementation of the Program.

DATES: Comments must be received by June 1, 2015.

ADDRESSES: You may submit comments, identified by RIN 3245-AE05 by one 
of the following methods (1) Federal Rulemaking Portal: 
www.regulations.gov, following the instructions for submitting 
comments; or (2) Mail/Hand Delivery/Courier: J. Chancy Lyford, Deputy 
Associate Administrator, SBDC Program, 409 Third Street SW., Room 6253, 
Washington, DC 20416. SBA will not accept comments submitted by email 
to this Advance Notice of Proposed Rulemaking.
    SBA will post all comments to this Advance Notice of Proposed 
Rulemaking on www.regulations.gov. If you wish to submit confidential 
business information (CBI) as defined in the User Notice at 
www.regulations.gov, you must submit such information to the U.S. Small 
Business Administration, J. Chancy Lyford, Deputy Associate 
Administrator, SBDC Program, 409 Third Street SW., Room 6253, 
Washington, DC 20416, or send email to [email protected]. Highlight the 
information that you consider to be CBI and explain why you believe SBA 
should hold this information as confidential. SBA will review your 
information and determine whether it will make the information public. 
Requests to redact or remove posted comments cannot be honored and the 
request to redact/remove posted comments will be posted as a new 
comment. See the www.regulations.gov help section for information on 
how to make changes to your comments.

FOR FURTHER INFORMATION CONTACT: J. Chancy Lyford, Deputy Associate 
Administrator for the SBDC Program, at 202-205-6766 or 
[email protected].

SUPPLEMENTARY INFORMATION: 

A. Statutory Authority

    The Small Business Development Center (SBDC) Program (the Program) 
was established as a pilot program in 1977 and was later officially 
authorized in 1980 by the Small Business Development Center Act of 1980 
(Pub. L. 96-302) now codified in section 21(a) of the Small Business 
Act, 15 U.S.C. 648. According to Section 21(a)(1) the purpose of the 
Program is to assist in establishing small business development centers 
explicitly to provide ``management and technical assistance'' to small 
businesses. Section 21(a)(3)(A) requires the SBA to consult with the 
recognized association of SBDCs in any rulemaking action for the 
Program. The issuance of this ANPRM is for purposes of undertaking the 
consultative process required by this section.

 B. Background

    The SBDC Program provides small businesses and aspiring 
entrepreneurs with a wide array of technical assistance to help support 
and strengthen business performance and sustainability as well as 
assist the U.S. economy by the creation of new business entities. Under 
the statute governing the SBDC Program, the Associate Administrator of 
Office of Small Business Development Centers (AA/OSBDC) holds 
responsibility for the general management and oversight of the SBDC 
Program by means of a cooperative agreement with the Recipient 
Organization.
    The SBDC rules were last revised in 1995, See 60 FR 31506 (June 13, 
1995). However, statute authorizing the SBDC Program has been amended 
numerous times since the last rulemaking. The annual Program 
Announcement and Notice of Award have become SBA's primary means of 
adjusting SBDC program rules and policies in the wake of statutory and 
other changes. The SBA believes it is time for regulations outlining 
guidance for the policies and procedures for the SBDC Program. It is 
the intention of the SBA that by soliciting public comments through 
this Advanced Notice of Proposed Rulemaking (ANPRM), the SBDC Program 
policies and procedures will be updated to reflect current best 
practices, become more streamlined, and less onerous on the SBDC 
grantees and SBA. SBA would like comment on changes to any of its 
existing policies and procedures as well as any new ideas for how to 
best implement and operate the SBDC Program.
    Because of the amount of information contained within this ANPRM to 
address the necessary modifications, it is SBA's intention that the 
public, especially the recognized association and other stakeholders in 
the Program, be given ample opportunity to submit comments and help 
shape any possible future regulatory proposals.
    This ANPRM solicits public comments on, among other things, 
implementation of statutory amendments, current practices, guidance on 
new grantee applicants, and provisions regarding the collection and use 
of individual SBDC client data. Many of the statutory changes have been 
significant, including amendment to the types of entities that are 
eligible to apply to be an SBDC grantee.

C. Definitions

    The SBA asks for comment on: Whether or not new definitions for 
defining Program requirements are

[[Page 17709]]

needed, if there are other terms that are missing from the list below 
that need defining, and the draft definitions themselves.
    The SBA seeks comment on the possible addition of and content of 
the following new definitions:
     Associate Administrator/OSBDC. The individual who is 
statutorily mandated to manage the SBDC Program.
     Carryover funds. Unobligated federal funds reallocated 
from one funding period to the next for specified purposes through an 
amendment to the Notice of Award.
     District Office. The local SBA office that, among other 
responsibilities, is charged with SBDC grant oversight responsibilities 
by ensuring: compliance with the Notice of Award; the local small 
business market needs are met by the SBDC; the regularly scheduled 
reviews are completed as required; and by collaborating with the SBDC 
to perform joint events and trainings.
     State Director. An individual for whose time and effort is 
100% allocated to overseeing and managing the SBDC grant and other 
grants that provide comparable management and technical assistance to 
the small businesses community in accordance with the cooperative 
agreement.
     Key personnel. SBDC State/Region Directors and SBDC 
Service Center Directors or managers and International Trade Center 
Directors.
     Matching Funds. Funds that will be supplied to meet the 
statutory match requirements of the SBA SBDC grant. Matching Funds may 
include cash and non-cash equivalents, provided those forms of matching 
comply with the percentage restrictions on non-cash contributions and 
source restrictions on both forms of funds.
     Notice of Award (NOA). Also known as the Cooperative 
Agreement, the legal agreement between SBA and a Recipient Organization 
containing the terms and conditions under which SBA provides federal 
funds for the performance of SBDC activities.
     Office of Small Business Development Centers (OSBDC). The 
main program office which manages the funding, budget, programmatic 
oversight, and the establishment and maintenance of all program policy 
over the national SBDC network.
     Program funds. Also referred to as Project funds and 
defined as all funds authorized under the Cooperative Agreement 
including, but not limited to, federal funds, cash match, non-cash 
match from indirect costs, in-kind contributions, program income 
revenues, and funds authorized or reported as carryover.
     Project Officer. The individual in the SBA District Office 
appointed by SBA as the primary local contact for the SBDC. This person 
conducts regular compliance oversight as required by OSBDC working in 
conjunction with the Program Manager as well as other responsibilities.
     Proposal. Also known as the Application, this is the 
written submission by a new Applicant Organization or an existing 
Recipient Organization describing its projected SBDC activities for the 
upcoming Budget Period and requesting federal funding for use in its 
operations.
     Prior Approval. The written concurrence from the 
appropriate SBA official for a proposed action or amendment to the SBDC 
Cooperative Agreement.
     Recognized Association. The association established by 
statute whose members are SBDCs for the purpose of representing the 
SBDC's interests.
     SBDC Service Center Director. The individual responsible 
for SBDC program implementation and management at a Service Center 
within an SBDC network.
     Specialized Services. SBDC services other than counseling 
or training, e.g., extensive research, hiring outside consultants for a 
particular client, translation services, etc.
     Sub-recipient Organization/Subcenters. An entity, 
identified in the Cooperative Agreement, having a written agreement 
with the Recipient Organization that (1) receives federal financial 
assistance; and/or (2) administers matching resources for purposes of 
conducting SBDC activities.

D. General

    SBA also seeks comment on any other information that should be 
considered for possible future regulatory proposals, including whether 
the addition of a general description of the authority establishing 
SBDCs, the governing documentation (Program Announcement), and the 
administration of the Program (Notice of Award) should be included in a 
future rulemaking.

E. Applications

    By statute, any Women's Business Center operating pursuant to 
section 29 of the Small Business Act (15 U.S.C. 656) is now eligible to 
apply to be a new SBDC Recipient Organization. This ANPRM seeks 
comments on how to address statutory requirements for an SBDC Network 
to primarily utilize institutions of higher education and Women's 
Business Centers as new Service Centers.
    SBA invites comments on the following:
    Regarding the application procedures, how should SBA instruct all 
SBDC applicants to comply with the annual Program Announcement? 
Possible topics to comment on could include program integrity, 
allowable costs, conflicts of interests as well as format, conditions, 
submission requirements and due dates, for their new or renewal 
application to receive consideration.
    Regarding new applications, how should the SBA clarify which 
Applicants within the State or Region of service are eligible to be an 
SBDC Recipient Organization? SBA believes a clarification is advisable 
regarding its standard policy of recruiting and selecting New SBDC 
Recipient Organizations using a fair and open competitive process, 
including an objective review and on-site sufficiency review before the 
Associate Administrator (AA) of the OSBDC makes a final selection.
    Regarding renewal applications, what should SBA propose to describe 
the procedure when a Recipient is not renewed, either by SBA's or the 
Recipient's choice? Does any other aspect of renewal need to be 
considered for program regulatory proposals? Comments are requested as 
how best to update the process, including details on the negotiations 
with the District Office and how the Recipient Organization must submit 
the renewal application to the SBA.

 F. Operating Requirements

    This ANPRM requests comments on how to incorporate these statutory 
requirements in a future rulemaking.
    The SBA seeks comments on the following:
    Comments are requested on how each SBDC could comply with the 
requirement to maintain export and trade certified counselors on staff? 
Should there be a minimum number of export and trade certified 
counselors on staff? If so, what should be the minimum? Comments are 
requested on how the AA/OSBDC should set policy development and program 
administration, in consultation, to the extent practicable, with the 
Recognized Association.
    Comments are requested on how to clarify the specific 
identification of a ``Small Business Development Center'' and whether 
that name should be a part of the official name of every SBDC Lead 
Center and Service Center within the SBDC network? How should SBA 
consider other names, such as those grandfathered in or subsequently 
waived by the AA/OSBDC? SBA

[[Page 17710]]

welcomes comments on any other information needed to be considered for 
program regulatory proposals at this time.
    Currently, there are SBDC Networks with other identifying 
characteristics, such as ``Small Business Technology Development 
Centers.'' How should an SBDC Network seeking the designation as a 
``Small Business Technology Development Center'' operate in accordance 
with SBA policies and procedures? Should there be different rules for 
Small Business Technology Development Centers? If so, what should they 
be?
    Comments are requested on how the selection and retention of the 
SBDC State/Region Director should be accomplished. How should the 
policy guidelines already contained in the current Program Announcement 
and Notice of Award be incorporated? In particular, how should SBA 
mandate a Recipient Organization to have a State/Regional Director from 
another SBDC as a member of a selection panel? How much time should a 
State Director devote specifically to the SBDC grant? In addition, how 
much time should pass before any vacancy is reported to SBA? What 
percentage of their time and efforts should an Interim State/Region 
Director allocate to the SBDC program? What length of time should the 
appointment period for such Interim State/Region Director be? Should 
more time be needed for the Recipient Organization to hire a permanent 
State/Regional Director, how should it obtain prior approval from the 
AA/OSBDC?
    The responsibilities of SBDC State/Region Directors are currently 
set forth in policy in the Program Announcement and Notice of Award. 
What percentage of time should the Director dedicate to the SBDC? How 
much of the Director's time should be devoted to other projects which 
complement the SBDC mission? Can the position be held by a company or 
contractor or other choice? What should be the minimum direct reporting 
authority that a State Director should have? Should it be to that of a 
college dean in a university setting or the third level of management 
or administration within a State Agency or should some other level 
within the organization be considered? If so, what should that level 
be?
    Should SBA consider an amendment stating the names, addresses and 
phone numbers of small businesses or individuals receiving counseling 
assistance from an SBDC Network cannot be released to any person or 
entity outside of the SBDC without the consent of the client? Should a 
possible exemption be made if: SBA believes it necessary for grant 
oversight activities; SBA wants to conduct allowable client surveys or; 
the SBA Administrator is ordered to make such a disclosure by a court?
    How should a SBDC Lead Center or a Sub-recipient Organization enter 
into a contract or grant with a Federal department or agency to provide 
specific assistance to small business concerns? Prior to bidding on a 
non-SBA federal award or contract, how should potential conflict of 
interest situations be handled by the SBDC Lead Center or Service 
Center? What should the SBDC Lead Center or Service Center be required 
to obtain from the AA/OSBDC regarding the subject and general scope of 
the award or contract to ensure that there is no conflict of interest 
with the SBA? How should the notification procedure indicate to SBA how 
the additional award will not conflict with the Cooperative Agreement 
and identify how the additional funding will be tracked to ensure 
separate sources and uses of funds?

G. Notice of Awards/Cooperative Agreements

    Section 21(k)(3)(A) of the Small Business Act (15 U.S.C. 
648(k)(3)(A)) states that in extending or renewing a cooperative 
agreement of a Small Business Development Center, the Administration 
shall consider the results of the examinations and accreditation 
reviews. In addition, 15 U.S.C. 648(k)(3)(B) states the Administration 
cannot renew or extend any cooperative agreement with a small business 
development center unless the center has been approved under the 
accreditation program conducted pursuant to this subsection, except 
that the AA/OSBDC can waive such accreditation requirement, at his or 
her discretion, upon a showing that the center is making a good faith 
effort to obtain accreditation. SBA seeks comment on how best to 
incorporate these statutory changes into a proposed rulemaking.
    The SBA seeks comments on the following:
    What language should SBA propose regarding cooperative agreements 
and contracts, including the incorporation of a common set of 
performance measures for SBDC Networks established by the SBA? What 
should the District Office, in conjunction with OSBDC, negotiate with 
the Lead Center? Some ideas include annual goals, milestones, 
activities for the cooperative agreement, or other information needed 
to be considered for the program?
    For procurement/contracting policies and procedures, what should 
Recipient Organizations and Sub-Recipient Organizations have in the way 
of written procurement and contracting procedures in order to comply 
with the applicable federal procurement standards, the procurement 
procedures of the Recipient Organization, and openly compete their 
procurements? Are there any other issues regarding procurement/
contracting that should be considered for program regulatory proposals 
at this time? While this and many other references are already 
established policy in the Program Announcement and Notice of Award, the 
SBA welcomes comments on new ideas, procedures and policies.
    In the event of a Disaster, the AA/OSBDC can amend one or more 
cooperative agreements to authorize unanticipated out-of-state travel 
by SBDC personnel responding to a need for services in a 
Presidentially-Declared Major Disaster Area. How should notification of 
this type of authorization be accomplished? Some possible ideas are 
either through the publication of an SBA procedural or policy notice or 
through a Lead Center individual approval approach? Are there other or 
issues related to any program travel information that should be 
considered for program regulatory proposals at this time? What 
compliance standards should proposed and actual travel costs incurred 
under an emergency authorization use? Should they comply with the 
established rule, Program Announcement and OMB guidelines?
    How should SBA clarify the conditions and procedures for effecting 
a suspension, termination or non-renewal of an SBDC's cooperative 
agreement? How should SBA set forth the administrative review 
procedures? Are there any other issues related to renewal needed to be 
considered for program regulatory proposals at this time? What should 
SBA consider in developing a new Administrative Procedure for 
Suspension, Termination and Non-Renewal? Should SBA include processes 
for taking action; notice requirements; relationship to government-wide 
suspension; and debarment? Also, what standards should SBA consider for 
administrative review of suspension, termination and non-renewal 
actions? Should SBA include details on a prescribed format; service; 
timeliness; standard of review; conduct of the proceeding; evidence; 
and decision? SBA seeks comments on the following.
    (1) Termination. How should SBA consider whether a recipient 
organization can incur further obligations under the Cooperative 
Agreement after the date of termination

[[Page 17711]]

without express authorization to do so in the Notice of Termination? 
Are there other issues related to termination for program regulatory 
proposals? Should award funds be available for obligations incurred 
after the effective date of termination unless expressly authorized 
under the Notice of Termination or are there other ways to handle 
obligations incurred after termination? When a Cooperative Agreement 
has been terminated, how many days should the Recipient Organization 
have to submit final closeout documents to SBA? Can extenuating 
circumstances be considered and how should they be handled?
    (2) Non-Renewal. How can SBA elect not to renew a Cooperative 
Agreement with a Recipient Organization? In undertaking a non-renewal 
action, how should SBA either choose not to accept or consider any 
application for renewal from the Recipient Organization? Under what 
circumstances could the Agency choose not to exercise option years 
remaining under the Cooperative Agreement? When would a Cooperative 
Agreement not be renewed? Should the Recipient Organization continue to 
conduct project activities and incur allowable expenses until the end 
of the current budget period? If a Recipient Organization decides to 
not renew its grant, must it notify the District Director and send a 
letter of intent to withdraw to the AA/OSBDC no less than 180 days 
before the end of its performance period or would there be another time 
period that would be more acceptable?
    (3) Suspension. When should the suspension of a Recipient 
Organization begin? Should it begin on the date the Notice of 
Suspension is issued? How long should the period of suspension last? 
Should it last no longer than 6 months? At the end of the period of 
suspension, or any point during that period, how should the SBA either 
reinstate the cooperative agreement or commence an action for 
termination or non-renewal?
    Why should the SBA be obligated to reimburse any expenses incurred 
by a Recipient Organization while its cooperative agreement is under 
suspension? Where SBA decides to lift a suspension and reinstate a 
Recipient Organization's cooperative agreement, under what 
circumstances should the Agency consider reimbursing a Recipient 
Organization for some or all of the expenses it incurred in carrying 
out project objectives during the suspension period? Should SBA state 
that there is no guarantee that the Agency will accept expenses 
incurred in furtherance of project objectives during the period of 
suspension or is there some other way this should be handled?
    SBA seeks comment on whether, or not to add the following to the 
list of causes for suspension actions and if there are other causes not 
listed that should be considered:
     Poor performance;
     Unwillingness or inability to implement changes to improve 
performance;
     Failure to implement recommendations from programmatic 
reviews and/or examinations within the time frame established by the 
AA/OSBDC;
     Failure to implement recommendations from accreditation 
reviews within the time frame established by the accreditation 
committee and by the AA/OSBDC;
     Failure to maintain adequate client service facilities or 
service hours;
     Failure to maintain and enforce a conflict of interest 
policy;
     Failure to provide records to the SBA or the SBA OIG on 
demand;
     Failure to maintain records and;
     Failure to maintain and enforce a procurement policy.
    How should SBA define the closeout procedures to be followed when 
an SBDC Lead or Service Center has left the program, either voluntarily 
or involuntarily to ensure that Program funds and property acquired or 
developed under the SBDC Cooperative Agreement are fully reconciled and 
transferred seamlessly between Recipient Organizations, sub-recipients, 
or other federal programs? How should the responsibility for conducting 
closeout procedures be vested with the Recipient Organization whose 
cooperative agreement is not being renewed? How should the procedures 
be documented and accomplished in accordance with the applicable 
property standards and the provisions of the SBDC Program regulations? 
Although stipulated in Subpart D of 2 CFR part 215, the SBA welcomes 
comments regarding this matter.

H. Financial Requirements

    SBA seeks comments on the following:
    How can SBA clarify the policy for carryover requests? Should a 
Recipient Organization request that SBA reauthorize any remaining 
unexpended and unobligated federal funds from their cooperative 
agreement for use in the ensuing Program/Budget Year or is there other 
information that needs to be considered when considering how to 
obligate the unexpended program funds? Should carryover requests not 
submitted within the timeframe designated by the AA/OSBDC be considered 
or are there other issues that need to be considered in extending the 
timeframe? Should carryover requests adhere to the format stipulated in 
the Program Announcement for renewal applications and contain the 
appropriate budget and narrative information along with a justification 
for the carryover? How should the AA/OSBDC determine whether good cause 
exists for funds remaining unobligated? If planned obligations could 
not be carried out because of a bona fide reason, how should the AA/
OSBDC determine program objectives would be better served by deferring 
obligation of the funds to the following year or is there other 
information that needs to be considered? Should repeated requests for 
Carryovers (for more than two consecutive years) require substantial 
justification, and without this justification should they not be 
approved or is there other information that needs to be considered?
    In addition, cash match should equal at least 50% of the SBA funds 
used by the SBDC. The remaining 50% of matching funds may be provided 
through allowable combinations of cash, in-kind contributions, or 
authorized indirect costs. Should costs or the values of third party 
in-kind contributions count towards satisfying a cost sharing or 
matching requirement of a grant agreement if they have been or will be 
counted towards satisfying a cost sharing or matching requirement of 
another Federal grant agreement, a Federal Procurement Contract, or any 
other award of Federal funds or is there other information that needs 
to be considered? Should in-Kind services performed during the current 
Budget Period not be carried over to a subsequent Budget Period even if 
they were not previously claimed as match or is there other information 
that needs to be considered?
    Should SBA require all foreign travel requests to be submitted to 
the appropriate District Director/Project Officer and to the OSBDC 
Program Manager for review and dispatch to the AA/OSBDC for final 
approval in accordance with the Program Announcement or is there other 
information that needs to be considered? Should foreign travel charged 
to the SBDC cooperative agreement or performed by SBDC staff while on 
duty for the Recipient Organization be approved in advance in 
accordance with the Program Announcement or is there other information 
that needs to be considered? Should planned foreign

[[Page 17712]]

travel costs allocable to the SBDC cooperative agreement for SBDC 
Network staff be approved by the SBA through the annual proposal 
process and should such planned costs be fully disclosed and justified 
in the budget narrative for Agency review or is there other information 
that needs to be considered? Should unanticipated foreign travel be 
approved in advance in accordance with the Program Announcement or is 
there other information that needs to be considered?
    The SBA prohibits the use of Program Funds for purposes identified 
as unallowable following OMB guidance, including a Recipient 
Organization cannot use such funds to provide financial assistance, 
including subgrants, seed money for venture capital, or fund-raising 
activities and costs, including financial or capital campaigns, the 
solicitation of gifts and bequests, and similar activities intended to 
raise capital or obtain contributions. Should SBA identify further 
restrictions and prohibitions on expenditures that can be reimbursed 
from this grant or is there other information that needs to be 
considered?
    SBA also welcomes comments on any other issues that the agency 
should address in a proposed rulemaking related to the SBDC Programs.

Maria Contreras-Sweet,
Administrator.
[FR Doc. 2015-06854 Filed 4-1-15; 8:45 am]
 BILLING CODE 8025-01-P



                                                17708

                                                Proposed Rules                                                                                                 Federal Register
                                                                                                                                                               Vol. 80, No. 63

                                                                                                                                                               Thursday, April 2, 2015



                                                This section of the FEDERAL REGISTER                    this Advance Notice of Proposed                        to help support and strengthen business
                                                contains notices to the public of the proposed          Rulemaking.                                            performance and sustainability as well
                                                issuance of rules and regulations. The                     SBA will post all comments to this                  as assist the U.S. economy by the
                                                purpose of these notices is to give interested          Advance Notice of Proposed                             creation of new business entities. Under
                                                persons an opportunity to participate in the            Rulemaking on www.regulations.gov. If                  the statute governing the SBDC Program,
                                                rule making prior to the adoption of the final
                                                                                                        you wish to submit confidential                        the Associate Administrator of Office of
                                                rules.
                                                                                                        business information (CBI) as defined in               Small Business Development Centers
                                                                                                        the User Notice at www.regulations.gov,                (AA/OSBDC) holds responsibility for
                                                SMALL BUSINESS ADMINISTRATION                           you must submit such information to                    the general management and oversight
                                                                                                        the U.S. Small Business Administration,                of the SBDC Program by means of a
                                                13 CFR Part 130                                         J. Chancy Lyford, Deputy Associate                     cooperative agreement with the
                                                                                                        Administrator, SBDC Program, 409                       Recipient Organization.
                                                RIN 3245–AE05                                                                                                     The SBDC rules were last revised in
                                                                                                        Third Street SW., Room 6253,
                                                Small Business Development Center                       Washington, DC 20416, or send email to                 1995, See 60 FR 31506 (June 13, 1995).
                                                                                                        sbdcregs@sba.gov. Highlight the                        However, statute authorizing the SBDC
                                                Program Revisions
                                                                                                        information that you consider to be CBI                Program has been amended numerous
                                                AGENCY: U.S. Small Business                             and explain why you believe SBA                        times since the last rulemaking. The
                                                Administration.                                         should hold this information as                        annual Program Announcement and
                                                ACTION: Advance notice of proposed                      confidential. SBA will review your                     Notice of Award have become SBA’s
                                                rulemaking.                                             information and determine whether it                   primary means of adjusting SBDC
                                                                                                        will make the information public.                      program rules and policies in the wake
                                                SUMMARY:    The U.S. Small Business                     Requests to redact or remove posted                    of statutory and other changes. The SBA
                                                Administration (SBA) is seeking                         comments cannot be honored and the                     believes it is time for regulations
                                                comments on this Advance Notice of                      request to redact/remove posted                        outlining guidance for the policies and
                                                Proposed Rulemaking (ANPRM)                             comments will be posted as a new                       procedures for the SBDC Program. It is
                                                regarding the Small Business                            comment. See the www.regulations.gov                   the intention of the SBA that by
                                                Development Center (SBDC) Program                       help section for information on how to                 soliciting public comments through this
                                                (the Program). Specifically, the SBA is                 make changes to your comments.                         Advanced Notice of Proposed
                                                seeking comments on development of                      FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               Rulemaking (ANPRM), the SBDC
                                                potential proposed amendments to                        J. Chancy Lyford, Deputy Associate                     Program policies and procedures will be
                                                current regulations governing the                       Administrator for the SBDC Program, at                 updated to reflect current best practices,
                                                Program, which is authorized by the                     202–205–6766 or chancy.lyford@                         become more streamlined, and less
                                                Small Business Act. This ANPRM is                       sba.gov.                                               onerous on the SBDC grantees and SBA.
                                                being issued to commence the                                                                                   SBA would like comment on changes to
                                                consultative process with stakeholders                  SUPPLEMENTARY INFORMATION:                             any of its existing policies and
                                                to examine several issues such as                       A. Statutory Authority                                 procedures as well as any new ideas for
                                                International Trade counselor                                                                                  how to best implement and operate the
                                                                                                           The Small Business Development                      SBDC Program.
                                                certification requirements, steps to
                                                                                                        Center (SBDC) Program (the Program)                       Because of the amount of information
                                                selecting State/Region Directors,
                                                                                                        was established as a pilot program in                  contained within this ANPRM to
                                                procedures for international travel,
                                                                                                        1977 and was later officially authorized               address the necessary modifications, it
                                                clarifying the use of carryover funds and
                                                                                                        in 1980 by the Small Business                          is SBA’s intention that the public,
                                                procedures regarding the determination
                                                                                                        Development Center Act of 1980 (Pub.                   especially the recognized association
                                                to affect suspension, termination or non-
                                                                                                        L. 96–302) now codified in section 21(a)               and other stakeholders in the Program,
                                                renewal of an SBDC’s cooperative
                                                                                                        of the Small Business Act, 15 U.S.C.                   be given ample opportunity to submit
                                                agreement to name a few. This ANPRM
                                                                                                        648. According to Section 21(a)(1) the                 comments and help shape any possible
                                                also addresses other policy and
                                                                                                        purpose of the Program is to assist in                 future regulatory proposals.
                                                procedural changes necessary for the
                                                                                                        establishing small business                               This ANPRM solicits public
                                                implementation of the Program.
                                                                                                        development centers explicitly to                      comments on, among other things,
                                                DATES: Comments must be received by                     provide ‘‘management and technical                     implementation of statutory
                                                June 1, 2015.                                           assistance’’ to small businesses. Section              amendments, current practices,
                                                ADDRESSES: You may submit comments,                     21(a)(3)(A) requires the SBA to consult                guidance on new grantee applicants,
                                                identified by RIN 3245–AE05 by one of                   with the recognized association of                     and provisions regarding the collection
                                                the following methods (1) Federal                       SBDCs in any rulemaking action for the                 and use of individual SBDC client data.
                                                Rulemaking Portal:                                      Program. The issuance of this ANPRM                    Many of the statutory changes have been
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                                                www.regulations.gov, following the                      is for purposes of undertaking the                     significant, including amendment to the
                                                instructions for submitting comments;                   consultative process required by this                  types of entities that are eligible to
                                                or (2) Mail/Hand Delivery/Courier: J.                   section.                                               apply to be an SBDC grantee.
                                                Chancy Lyford, Deputy Associate
                                                Administrator, SBDC Program, 409                        B. Background                                          C. Definitions
                                                Third Street SW., Room 6253,                              The SBDC Program provides small                        The SBA asks for comment on:
                                                Washington, DC 20416. SBA will not                      businesses and aspiring entrepreneurs                  Whether or not new definitions for
                                                accept comments submitted by email to                   with a wide array of technical assistance              defining Program requirements are


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                                                                         Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Proposed Rules                                          17709

                                                needed, if there are other terms that are                  • Project Officer. The individual in                  SBA invites comments on the
                                                missing from the list below that need                   the SBA District Office appointed by                   following:
                                                defining, and the draft definitions                     SBA as the primary local contact for the                 Regarding the application procedures,
                                                themselves.                                             SBDC. This person conducts regular                     how should SBA instruct all SBDC
                                                  The SBA seeks comment on the                          compliance oversight as required by                    applicants to comply with the annual
                                                possible addition of and content of the                 OSBDC working in conjunction with the                  Program Announcement? Possible
                                                following new definitions:                              Program Manager as well as other                       topics to comment on could include
                                                  • Associate Administrator/OSBDC.                      responsibilities.                                      program integrity, allowable costs,
                                                The individual who is statutorily                          • Proposal. Also known as the                       conflicts of interests as well as format,
                                                mandated to manage the SBDC Program.                    Application, this is the written                       conditions, submission requirements
                                                  • Carryover funds. Unobligated                        submission by a new Applicant                          and due dates, for their new or renewal
                                                federal funds reallocated from one                      Organization or an existing Recipient                  application to receive consideration.
                                                funding period to the next for specified                Organization describing its projected                    Regarding new applications, how
                                                purposes through an amendment to the                    SBDC activities for the upcoming                       should the SBA clarify which
                                                Notice of Award.                                        Budget Period and requesting federal                   Applicants within the State or Region of
                                                  • District Office. The local SBA office               funding for use in its operations.                     service are eligible to be an SBDC
                                                that, among other responsibilities, is                     • Prior Approval. The written                       Recipient Organization? SBA believes a
                                                charged with SBDC grant oversight                       concurrence from the appropriate SBA                   clarification is advisable regarding its
                                                responsibilities by ensuring: compliance                official for a proposed action or                      standard policy of recruiting and
                                                with the Notice of Award; the local                     amendment to the SBDC Cooperative                      selecting New SBDC Recipient
                                                small business market needs are met by                  Agreement.                                             Organizations using a fair and open
                                                the SBDC; the regularly scheduled                                                                              competitive process, including an
                                                                                                           • Recognized Association. The
                                                reviews are completed as required; and                                                                         objective review and on-site sufficiency
                                                                                                        association established by statute whose
                                                by collaborating with the SBDC to                                                                              review before the Associate
                                                                                                        members are SBDCs for the purpose of
                                                perform joint events and trainings.                                                                            Administrator (AA) of the OSBDC
                                                                                                        representing the SBDC’s interests.
                                                  • State Director. An individual for                                                                          makes a final selection.
                                                whose time and effort is 100% allocated                    • SBDC Service Center Director. The                   Regarding renewal applications, what
                                                to overseeing and managing the SBDC                     individual responsible for SBDC                        should SBA propose to describe the
                                                grant and other grants that provide                     program implementation and                             procedure when a Recipient is not
                                                comparable management and technical                     management at a Service Center within                  renewed, either by SBA’s or the
                                                assistance to the small businesses                      an SBDC network.                                       Recipient’s choice? Does any other
                                                community in accordance with the                           • Specialized Services. SBDC services               aspect of renewal need to be considered
                                                cooperative agreement.                                  other than counseling or training, e.g.,               for program regulatory proposals?
                                                  • Key personnel. SBDC State/Region                    extensive research, hiring outside                     Comments are requested as how best to
                                                Directors and SBDC Service Center                       consultants for a particular client,                   update the process, including details on
                                                Directors or managers and International                 translation services, etc.                             the negotiations with the District Office
                                                Trade Center Directors.                                    • Sub-recipient Organization/                       and how the Recipient Organization
                                                  • Matching Funds. Funds that will be                  Subcenters. An entity, identified in the               must submit the renewal application to
                                                supplied to meet the statutory match                    Cooperative Agreement, having a                        the SBA.
                                                requirements of the SBA SBDC grant.                     written agreement with the Recipient
                                                Matching Funds may include cash and                     Organization that (1) receives federal                 F. Operating Requirements
                                                non-cash equivalents, provided those                    financial assistance; and/or (2)                          This ANPRM requests comments on
                                                forms of matching comply with the                       administers matching resources for                     how to incorporate these statutory
                                                percentage restrictions on non-cash                     purposes of conducting SBDC activities.                requirements in a future rulemaking.
                                                contributions and source restrictions on                D. General                                                The SBA seeks comments on the
                                                both forms of funds.                                                                                           following:
                                                  • Notice of Award (NOA). Also                           SBA also seeks comment on any other                     Comments are requested on how each
                                                known as the Cooperative Agreement,                     information that should be considered                  SBDC could comply with the
                                                the legal agreement between SBA and a                   for possible future regulatory proposals,              requirement to maintain export and
                                                Recipient Organization containing the                   including whether the addition of a                    trade certified counselors on staff?
                                                terms and conditions under which SBA                    general description of the authority                   Should there be a minimum number of
                                                provides federal funds for the                          establishing SBDCs, the governing                      export and trade certified counselors on
                                                performance of SBDC activities.                         documentation (Program                                 staff? If so, what should be the
                                                  • Office of Small Business                            Announcement), and the administration                  minimum? Comments are requested on
                                                Development Centers (OSBDC). The                        of the Program (Notice of Award) should                how the AA/OSBDC should set policy
                                                main program office which manages the                   be included in a future rulemaking.                    development and program
                                                funding, budget, programmatic                                                                                  administration, in consultation, to the
                                                                                                        E. Applications
                                                oversight, and the establishment and                                                                           extent practicable, with the Recognized
                                                maintenance of all program policy over                    By statute, any Women’s Business                     Association.
                                                the national SBDC network.                              Center operating pursuant to section 29                   Comments are requested on how to
                                                  • Program funds. Also referred to as                  of the Small Business Act (15 U.S.C.                   clarify the specific identification of a
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                                                Project funds and defined as all funds                  656) is now eligible to apply to be a new              ‘‘Small Business Development Center’’
                                                authorized under the Cooperative                        SBDC Recipient Organization. This                      and whether that name should be a part
                                                Agreement including, but not limited to,                ANPRM seeks comments on how to                         of the official name of every SBDC Lead
                                                federal funds, cash match, non-cash                     address statutory requirements for an                  Center and Service Center within the
                                                match from indirect costs, in-kind                      SBDC Network to primarily utilize                      SBDC network? How should SBA
                                                contributions, program income                           institutions of higher education and                   consider other names, such as those
                                                revenues, and funds authorized or                       Women’s Business Centers as new                        grandfathered in or subsequently
                                                reported as carryover.                                  Service Centers.                                       waived by the AA/OSBDC? SBA


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                                                17710                    Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Proposed Rules

                                                welcomes comments on any other                          necessary for grant oversight activities;              Organizations and Sub-Recipient
                                                information needed to be considered for                 SBA wants to conduct allowable client                  Organizations have in the way of
                                                program regulatory proposals at this                    surveys or; the SBA Administrator is                   written procurement and contracting
                                                time.                                                   ordered to make such a disclosure by a                 procedures in order to comply with the
                                                   Currently, there are SBDC Networks                   court?                                                 applicable federal procurement
                                                with other identifying characteristics,                    How should a SBDC Lead Center or a                  standards, the procurement procedures
                                                such as ‘‘Small Business Technology                     Sub-recipient Organization enter into a                of the Recipient Organization, and
                                                Development Centers.’’ How should an                    contract or grant with a Federal                       openly compete their procurements?
                                                SBDC Network seeking the designation                    department or agency to provide                        Are there any other issues regarding
                                                as a ‘‘Small Business Technology                        specific assistance to small business                  procurement/contracting that should be
                                                Development Center’’ operate in                         concerns? Prior to bidding on a non-                   considered for program regulatory
                                                accordance with SBA policies and                        SBA federal award or contract, how                     proposals at this time? While this and
                                                procedures? Should there be different                   should potential conflict of interest                  many other references are already
                                                rules for Small Business Technology                     situations be handled by the SBDC Lead                 established policy in the Program
                                                Development Centers? If so, what                        Center or Service Center? What should                  Announcement and Notice of Award,
                                                should they be?                                         the SBDC Lead Center or Service Center                 the SBA welcomes comments on new
                                                   Comments are requested on how the                    be required to obtain from the AA/                     ideas, procedures and policies.
                                                selection and retention of the SBDC                     OSBDC regarding the subject and                           In the event of a Disaster, the
                                                State/Region Director should be                         general scope of the award or contract                 AA/OSBDC can amend one or more
                                                accomplished. How should the policy                     to ensure that there is no conflict of                 cooperative agreements to authorize
                                                guidelines already contained in the                     interest with the SBA? How should the                  unanticipated out-of-state travel by
                                                current Program Announcement and                        notification procedure indicate to SBA                 SBDC personnel responding to a need
                                                Notice of Award be incorporated? In                     how the additional award will not                      for services in a Presidentially-Declared
                                                particular, how should SBA mandate a                    conflict with the Cooperative Agreement                Major Disaster Area. How should
                                                Recipient Organization to have a State/                 and identify how the additional funding                notification of this type of authorization
                                                Regional Director from another SBDC as                  will be tracked to ensure separate                     be accomplished? Some possible ideas
                                                a member of a selection panel? How                      sources and uses of funds?                             are either through the publication of an
                                                much time should a State Director                                                                              SBA procedural or policy notice or
                                                devote specifically to the SBDC grant?                  G. Notice of Awards/Cooperative
                                                                                                                                                               through a Lead Center individual
                                                In addition, how much time should pass                  Agreements
                                                                                                                                                               approval approach? Are there other or
                                                before any vacancy is reported to SBA?                    Section 21(k)(3)(A) of the Small                     issues related to any program travel
                                                What percentage of their time and                       Business Act (15 U.S.C. 648(k)(3)(A))                  information that should be considered
                                                efforts should an Interim State/Region                  states that in extending or renewing a                 for program regulatory proposals at this
                                                Director allocate to the SBDC program?                  cooperative agreement of a Small                       time? What compliance standards
                                                What length of time should the                          Business Development Center, the                       should proposed and actual travel costs
                                                appointment period for such Interim                     Administration shall consider the                      incurred under an emergency
                                                State/Region Director be? Should more                   results of the examinations and                        authorization use? Should they comply
                                                time be needed for the Recipient                        accreditation reviews. In addition, 15                 with the established rule, Program
                                                Organization to hire a permanent State/                 U.S.C. 648(k)(3)(B) states the                         Announcement and OMB guidelines?
                                                Regional Director, how should it obtain                 Administration cannot renew or extend                     How should SBA clarify the
                                                prior approval from the AA/OSBDC?                       any cooperative agreement with a small                 conditions and procedures for effecting
                                                   The responsibilities of SBDC State/                  business development center unless the                 a suspension, termination or non-
                                                Region Directors are currently set forth                center has been approved under the                     renewal of an SBDC’s cooperative
                                                in policy in the Program Announcement                   accreditation program conducted                        agreement? How should SBA set forth
                                                and Notice of Award. What percentage                    pursuant to this subsection, except that               the administrative review procedures?
                                                of time should the Director dedicate to                 the AA/OSBDC can waive such                            Are there any other issues related to
                                                the SBDC? How much of the Director’s                    accreditation requirement, at his or her               renewal needed to be considered for
                                                time should be devoted to other projects                discretion, upon a showing that the                    program regulatory proposals at this
                                                which complement the SBDC mission?                      center is making a good faith effort to                time? What should SBA consider in
                                                Can the position be held by a company                   obtain accreditation. SBA seeks                        developing a new Administrative
                                                or contractor or other choice? What                     comment on how best to incorporate                     Procedure for Suspension, Termination
                                                should be the minimum direct reporting                  these statutory changes into a proposed                and Non-Renewal? Should SBA include
                                                authority that a State Director should                  rulemaking.                                            processes for taking action; notice
                                                have? Should it be to that of a college                   The SBA seeks comments on the                        requirements; relationship to
                                                dean in a university setting or the third               following:                                             government-wide suspension; and
                                                level of management or administration                     What language should SBA propose                     debarment? Also, what standards
                                                within a State Agency or should some                    regarding cooperative agreements and                   should SBA consider for administrative
                                                other level within the organization be                  contracts, including the incorporation of              review of suspension, termination and
                                                considered? If so, what should that level               a common set of performance measures                   non-renewal actions? Should SBA
                                                be?                                                     for SBDC Networks established by the                   include details on a prescribed format;
                                                   Should SBA consider an amendment                     SBA? What should the District Office, in               service; timeliness; standard of review;
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                                                stating the names, addresses and phone                  conjunction with OSBDC, negotiate                      conduct of the proceeding; evidence;
                                                numbers of small businesses or                          with the Lead Center? Some ideas                       and decision? SBA seeks comments on
                                                individuals receiving counseling                        include annual goals, milestones,                      the following.
                                                assistance from an SBDC Network                         activities for the cooperative agreement,                 (1) Termination. How should SBA
                                                cannot be released to any person or                     or other information needed to be                      consider whether a recipient
                                                entity outside of the SBDC without the                  considered for the program?                            organization can incur further
                                                consent of the client? Should a possible                  For procurement/contracting policies                 obligations under the Cooperative
                                                exemption be made if: SBA believes it                   and procedures, what should Recipient                  Agreement after the date of termination


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                                                                         Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Proposed Rules                                          17711

                                                without express authorization to do so                  suspension or is there some other way                  designated by the AA/OSBDC be
                                                in the Notice of Termination? Are there                 this should be handled?                                considered or are there other issues that
                                                other issues related to termination for                    SBA seeks comment on whether, or                    need to be considered in extending the
                                                program regulatory proposals? Should                    not to add the following to the list of                timeframe? Should carryover requests
                                                award funds be available for obligations                causes for suspension actions and if                   adhere to the format stipulated in the
                                                incurred after the effective date of                    there are other causes not listed that                 Program Announcement for renewal
                                                termination unless expressly authorized                 should be considered:                                  applications and contain the
                                                under the Notice of Termination or are                     • Poor performance;                                 appropriate budget and narrative
                                                there other ways to handle obligations                     • Unwillingness or inability to                     information along with a justification
                                                incurred after termination? When a                      implement changes to improve                           for the carryover? How should the
                                                Cooperative Agreement has been                          performance;                                           AA/OSBDC determine whether good
                                                terminated, how many days should the                       • Failure to implement                              cause exists for funds remaining
                                                Recipient Organization have to submit                   recommendations from programmatic                      unobligated? If planned obligations
                                                final closeout documents to SBA? Can                    reviews and/or examinations within the                 could not be carried out because of a
                                                extenuating circumstances be                            time frame established by the AA/                      bona fide reason, how should the AA/
                                                considered and how should they be                       OSBDC;                                                 OSBDC determine program objectives
                                                handled?                                                   • Failure to implement                              would be better served by deferring
                                                   (2) Non-Renewal. How can SBA elect                   recommendations from accreditation                     obligation of the funds to the following
                                                not to renew a Cooperative Agreement                    reviews within the time frame                          year or is there other information that
                                                with a Recipient Organization? In                       established by the accreditation                       needs to be considered? Should
                                                undertaking a non-renewal action, how                   committee and by the AA/OSBDC;                         repeated requests for Carryovers (for
                                                should SBA either choose not to accept                     • Failure to maintain adequate client               more than two consecutive years)
                                                or consider any application for renewal                 service facilities or service hours;                   require substantial justification, and
                                                                                                           • Failure to maintain and enforce a                 without this justification should they
                                                from the Recipient Organization? Under
                                                                                                        conflict of interest policy;                           not be approved or is there other
                                                what circumstances could the Agency
                                                                                                           • Failure to provide records to the                 information that needs to be
                                                choose not to exercise option years
                                                                                                        SBA or the SBA OIG on demand;                          considered?
                                                remaining under the Cooperative                            • Failure to maintain records and;
                                                Agreement? When would a Cooperative                                                                               In addition, cash match should equal
                                                                                                           • Failure to maintain and enforce a                 at least 50% of the SBA funds used by
                                                Agreement not be renewed? Should the                    procurement policy.
                                                Recipient Organization continue to                                                                             the SBDC. The remaining 50% of
                                                                                                           How should SBA define the closeout                  matching funds may be provided
                                                conduct project activities and incur                    procedures to be followed when an                      through allowable combinations of cash,
                                                allowable expenses until the end of the                 SBDC Lead or Service Center has left the               in-kind contributions, or authorized
                                                current budget period? If a Recipient                   program, either voluntarily or                         indirect costs. Should costs or the
                                                Organization decides to not renew its                   involuntarily to ensure that Program                   values of third party in-kind
                                                grant, must it notify the District Director             funds and property acquired or                         contributions count towards satisfying a
                                                and send a letter of intent to withdraw                 developed under the SBDC Cooperative                   cost sharing or matching requirement of
                                                to the AA/OSBDC no less than 180 days                   Agreement are fully reconciled and                     a grant agreement if they have been or
                                                before the end of its performance period                transferred seamlessly between                         will be counted towards satisfying a cost
                                                or would there be another time period                   Recipient Organizations, sub-recipients,               sharing or matching requirement of
                                                that would be more acceptable?                          or other federal programs? How should                  another Federal grant agreement, a
                                                   (3) Suspension. When should the                      the responsibility for conducting                      Federal Procurement Contract, or any
                                                suspension of a Recipient Organization                  closeout procedures be vested with the                 other award of Federal funds or is there
                                                begin? Should it begin on the date the                  Recipient Organization whose                           other information that needs to be
                                                Notice of Suspension is issued? How                     cooperative agreement is not being                     considered? Should in-Kind services
                                                long should the period of suspension                    renewed? How should the procedures                     performed during the current Budget
                                                last? Should it last no longer than 6                   be documented and accomplished in                      Period not be carried over to a
                                                months? At the end of the period of                     accordance with the applicable property                subsequent Budget Period even if they
                                                suspension, or any point during that                    standards and the provisions of the                    were not previously claimed as match or
                                                period, how should the SBA either                       SBDC Program regulations? Although                     is there other information that needs to
                                                reinstate the cooperative agreement or                  stipulated in Subpart D of 2 CFR part                  be considered?
                                                commence an action for termination or                   215, the SBA welcomes comments                            Should SBA require all foreign travel
                                                non-renewal?                                            regarding this matter.                                 requests to be submitted to the
                                                   Why should the SBA be obligated to                                                                          appropriate District Director/Project
                                                reimburse any expenses incurred by a                    H. Financial Requirements                              Officer and to the OSBDC Program
                                                Recipient Organization while its                          SBA seeks comments on the                            Manager for review and dispatch to the
                                                cooperative agreement is under                          following:                                             AA/OSBDC for final approval in
                                                suspension? Where SBA decides to lift                     How can SBA clarify the policy for                   accordance with the Program
                                                a suspension and reinstate a Recipient                  carryover requests? Should a Recipient                 Announcement or is there other
                                                Organization’s cooperative agreement,                   Organization request that SBA                          information that needs to be
                                                under what circumstances should the                     reauthorize any remaining unexpended                   considered? Should foreign travel
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                                                Agency consider reimbursing a                           and unobligated federal funds from their               charged to the SBDC cooperative
                                                Recipient Organization for some or all of               cooperative agreement for use in the                   agreement or performed by SBDC staff
                                                the expenses it incurred in carrying out                ensuing Program/Budget Year or is there                while on duty for the Recipient
                                                project objectives during the suspension                other information that needs to be                     Organization be approved in advance in
                                                period? Should SBA state that there is                  considered when considering how to                     accordance with the Program
                                                no guarantee that the Agency will                       obligate the unexpended program                        Announcement or is there other
                                                accept expenses incurred in furtherance                 funds? Should carryover requests not                   information that needs to be
                                                of project objectives during the period of              submitted within the timeframe                         considered? Should planned foreign


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                                                17712                    Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Proposed Rules

                                                travel costs allocable to the SBDC                      rulemaking action also proposes to                     or email. The www.regulations.gov Web
                                                cooperative agreement for SBDC                          approve an infrastructure element                      site is an ‘‘anonymous access’’ system,
                                                Network staff be approved by the SBA                    directly related to the regulations being              which means EPA will not know your
                                                through the annual proposal process                     added for several previously submitted                 identity or contact information unless
                                                and should such planned costs be fully                  infrastructure SIPs for the 2008 Lead                  you provide it in the body of your
                                                disclosed and justified in the budget                   National Ambient Air Quality Standards                 comment. If you send an email
                                                narrative for Agency review or is there                 (NAAQS), the 2008 Ozone NAAQS, the                     comment directly to EPA without going
                                                other information that needs to be                      2010 Nitrogen Dioxide NAAQS, and the                   through www.regulations.gov, your
                                                considered? Should unanticipated                        2010 Sulfur Dioxide NAAQS. In the                      email address will be automatically
                                                foreign travel be approved in advance in                Final Rules section of this issue of the               captured and included as part of the
                                                accordance with the Program                             Federal Register, EPA is approving the                 comment that is placed in the public
                                                Announcement or is there other                          Commonwealth’s SIP submittal as a                      docket and made available on the
                                                information that needs to be                            direct final rule without prior proposal               Internet. If you submit an electronic
                                                considered?                                             because the Agency views this as a                     comment, EPA recommends that you
                                                   The SBA prohibits the use of Program                 noncontroversial submittal and                         include your name and other contact
                                                Funds for purposes identified as                        anticipates no adverse comments. A
                                                                                                                                                               information in the body of your
                                                unallowable following OMB guidance,                     detailed rationale for the approval is set
                                                                                                                                                               comment and with any disk or CD–ROM
                                                including a Recipient Organization                      forth in the direct final rule. If no
                                                cannot use such funds to provide                                                                               you submit. If EPA cannot read your
                                                                                                        adverse comments are received in
                                                financial assistance, including                                                                                comment due to technical difficulties
                                                                                                        response to this action, no further
                                                subgrants, seed money for venture                       activity is contemplated. If EPA receives              and cannot contact you for clarification,
                                                capital, or fund-raising activities and                 adverse comments, the direct final rule                EPA may not be able to consider your
                                                costs, including financial or capital                   will be withdrawn and all public                       comment. Electronic files should avoid
                                                campaigns, the solicitation of gifts and                comments received will be addressed in                 the use of special characters, any form
                                                bequests, and similar activities intended               a subsequent final rule based on this                  of encryption, and be free of any defects
                                                to raise capital or obtain contributions.               proposed rule. EPA will not institute a                or viruses.
                                                Should SBA identify further restrictions                second comment period. Any parties                        Docket: All documents in the
                                                and prohibitions on expenditures that                   interested in commenting on this action                electronic docket are listed in the
                                                can be reimbursed from this grant or is                 should do so at this time.                             www.regulations.gov index. Although
                                                there other information that needs to be                DATES: Comments must be received in                    listed in the index, some information is
                                                considered?                                             writing by May 4, 2015.                                not publicly available, i.e., CBI or other
                                                   SBA also welcomes comments on any                    ADDRESSES: Submit your comments,                       information whose disclosure is
                                                other issues that the agency should                     identified by Docket ID Number EPA–                    restricted by statute. Certain other
                                                address in a proposed rulemaking                        R03–OAR–2015–0040 by one of the                        material, such as copyrighted material,
                                                related to the SBDC Programs.                           following methods:                                     is not placed on the Internet and will be
                                                Maria Contreras-Sweet,                                     A. www.regulations.gov. Follow the                  publicly available only in hard copy
                                                Administrator.                                          on-line instructions for submitting                    form. Publicly available docket
                                                [FR Doc. 2015–06854 Filed 4–1–15; 8:45 am]              comments.                                              materials are available either
                                                                                                           B. Email: powers.marilyn@epa.gov.                   electronically in www.regulations.gov or
                                                BILLING CODE 8025–01–P
                                                                                                           C. Mail: EPA–R03–OAR–2015–0040,                     in hard copy during normal business
                                                                                                        Marilyn Powers, Acting Associate                       hours at the Air Protection Division,
                                                                                                        Director, Office of Air Program                        U.S. Environmental Protection Agency,
                                                ENVIRONMENTAL PROTECTION                                Planning, Air Protection Division,
                                                AGENCY                                                                                                         Region III, 1650 Arch Street,
                                                                                                        Mailcode 3AP30, U.S. Environmental                     Philadelphia, Pennsylvania 19103.
                                                40 CFR Part 52                                          Protection Agency, Region III, 1650                    Copies of the Commonwealth’s
                                                                                                        Arch Street, Philadelphia, Pennsylvania                submittal are available at the Virginia
                                                [EPA–R03–OAR–2015–0040; FRL–9925–48–                    19103.
                                                Region 3]                                                                                                      Department of Environmental Quality,
                                                                                                           D. Hand Delivery: At the previously-                629 East Main Street, Richmond,
                                                                                                        listed EPA Region III address. Such
                                                Approval and Promulgation of Air                                                                               Virginia 23219.
                                                                                                        deliveries are only accepted during the
                                                Quality Implementation Plans; Virginia;
                                                                                                        Docket’s normal hours of operation, and                FOR FURTHER INFORMATION CONTACT:
                                                State Boards Requirements;
                                                                                                        special arrangements should be made                    Ellen Schmitt, (215) 814–5787, or by
                                                Infrastructure Requirements for the
                                                                                                        for deliveries of boxed information.                   email at schmitt.ellen@epa.gov.
                                                2008 Lead and Ozone and 2010                               Instructions: Direct your comments to
                                                Nitrogen Dioxide and Sulfur Dioxide                     Docket ID No. EPA–R03–OAR–2015–                        SUPPLEMENTARY INFORMATION:      For
                                                National Ambient Air Quality                            0040. EPA’s policy is that all comments                further information, please see the
                                                Standards                                               received will be included in the public                information provided in the direct final
                                                AGENCY:  Environmental Protection                       docket without change, and may be                      action, with the same title, that is
                                                Agency (EPA).                                           made available online at                               located in the ‘‘Rules and Regulations’’
                                                                                                        www.regulations.gov, including any                     section of this Federal Register
                                                ACTION: Proposed rule.
                                                                                                                                                               publication. Please note that if EPA
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                                                                        personal information provided, unless
                                                SUMMARY:  The Environmental Protection                  the comment includes information                       receives adverse comment on an
                                                Agency (EPA) proposes to approve the                    claimed to be Confidential Business                    amendment, paragraph, or section of
                                                State Implementation Plan (SIP)                         Information (CBI) or other information                 this rule and if that provision may be
                                                revision submitted by the                               whose disclosure is restricted by statute.             severed from the remainder of the rule,
                                                Commonwealth of Virginia for the                        Do not submit information that you                     EPA may adopt as final those provisions
                                                purpose of meeting the requirements of                  consider to be CBI or otherwise                        of the rule that are not the subject of an
                                                Clean Air Act (CAA) section 128. This                   protected through www.regulations.gov                  adverse comment.


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Document Created: 2018-02-21 10:03:53
Document Modified: 2018-02-21 10:03:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionAdvance notice of proposed rulemaking.
DatesComments must be received by June 1, 2015.
ContactJ. Chancy Lyford, Deputy Associate Administrator for the SBDC Program, at 202-205-6766 or [email protected]
FR Citation80 FR 17708 
RIN Number3245-AE05

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