82_FR_38773 82 FR 38617 - Reducing Unnecessary Regulatory Burden

82 FR 38617 - Reducing Unnecessary Regulatory Burden

SMALL BUSINESS ADMINISTRATION

Federal Register Volume 82, Issue 156 (August 15, 2017)

Page Range38617-38618
FR Document2017-17176

The Small Business Administration (SBA or Agency) is seeking input from the public on identifying which of the Agency's regulations should be repealed, replaced or modified because they are obsolete, unnecessary, ineffective, or burdensome. This process of evaluating and identifying such regulations comports with the mandate in various Executive Orders to reduce the number and costs of the regulations that federal agencies impose on the public.

Federal Register, Volume 82 Issue 156 (Tuesday, August 15, 2017)
[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Proposed Rules]
[Pages 38617-38618]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17176]


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SMALL BUSINESS ADMINISTRATION

[Docket No. SBA-2017-0005]

13 CFR Chapter I


Reducing Unnecessary Regulatory Burden

AGENCY: U.S. Small Business Administration.

ACTION: Request for information.

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

SUMMARY: The Small Business Administration (SBA or Agency) is seeking 
input from the public on identifying which of the Agency's regulations 
should be repealed, replaced or modified because they are obsolete, 
unnecessary, ineffective, or burdensome. This process of evaluating and 
identifying such regulations comports with the mandate in various 
Executive Orders to reduce the number and costs of the regulations that 
federal agencies impose on the public.

DATES: Comments are requested on or before October 16, 2017.

ADDRESSES: You may submit comments, identified by Docket Number SBA-
2017-0005, using any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Identify 
comments by ``Docket Number SBA-2017-0005, Reducing Regulatory Burden 
RFI,'' and follow the instructions for submitting comments.
    Mail: Holly Turner, Regulatory Reform Officer, U.S. Small Business 
Administration, 409 Third Street SW., Washington, DC 20416.
    SBA will post all comments on http://www.regulations.gov. If you 
wish to submit confidential business information (CBI) as defined in 
the User Notice at http://www.regulations.gov, please submit the 
information to Holly Turner, 409 Third Street SW., Washington, DC 
20416. Highlight the information that you consider to be CBI, and 
explain why you believe this information should be held confidential. 
SBA will review the information and make the final determination as to 
whether to publish the information.

FOR FURTHER INFORMATION CONTACT: Holly Turner, (202) 205-6335, 409 
Third Street SW., Washington, DC 20416; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

A. General Information

    The SBA's mission is to maintain and strengthen the nation's 
economy by enabling the establishment and viability of small 
businesses, and by assisting in economic recovery of communities after 
disasters. In carrying out this mission,

[[Page 38618]]

SBA has developed a regulatory policy that is implemented primarily 
through several core program offices: Office of Capital Access, Office 
of Disaster Assistance, Office of Entrepreneurial Development, Office 
of Government Contracting and Business Development, Office of 
International Trade, and Office of Investment and Innovation. SBA's 
regulations are codified at title 13 Code of Federal Regulations, 
chapter I, and consist of parts 100 through 147.
    Federal agencies have an ongoing responsibility to ensure that the 
regulations they issue do not have an adverse economic impact on those 
affected by the rules. This responsibility has been reinforced over the 
years in various executive orders that have expressly directed agencies 
to review their regulations with an eye towards reducing the time and 
money the public must spend to comply with the regulatory requirements. 
The most recent of these executive orders are discussed below; 
together, they provide the framework for SBA's efforts to reduce the 
regulatory burden on the participants in the agency's programs. One of 
SBA's primary objectives in carrying out these efforts is to continue 
to promote economic growth, innovation, and job creation in the small 
business sector, and to ensure that disaster survivors have the clear 
policy and procedural guidance they need to quickly obtain financial 
assistance to rebuild their lives. Anyone responding to SBA's request 
for feedback should keep these objectives in mind.

B. Executive Order 13771

    On January 30, 2017, President Trump signed Executive Order 13771, 
Reducing Regulation and Controlling Regulatory Costs, which, among 
other objectives, is intended to ensure that an agency's regulatory 
costs are prudently managed and controlled so as to minimize the 
compliance burden imposed on the public. For every new regulation an 
agency proposes to implement, unless prohibited by law, this Executive 
Order requires the agency to (i) identify at least two existing 
regulations that the agency can cancel; and (ii) use the cost savings 
from the cancelled regulations to offset the cost of the new 
regulation.

C. Executive Order 13777

    On February 24, 2017, the President issued Executive Order 13777, 
Enforcing the Regulatory Agenda, which further emphasized the goal of 
the Administration to alleviate the regulatory burdens placed on the 
public. Under Executive Order 13777, agencies must evaluate their 
existing regulations to determine which ones should be repealed, 
replaced, or modified. In doing so, agencies should focus on 
identifying regulations that, among other things: eliminate jobs or 
inhibit job creation; are outdated, unnecessary or ineffective; impose 
costs that exceed benefits; create a serious inconsistency or otherwise 
interfere with regulatory reform initiatives and policies; or are 
associated with Executive Orders or other Presidential directives that 
have been rescinded or substantially modified.

D. Executive Order 13563

    Under Executive Order 13563, Improving Regulation and Regulatory 
Review (January 11, 2011), agencies conduct a retrospective review of 
their regulations to seek more affordable, less intrusive means to 
achieve policy goals, and to give careful consideration to the benefits 
and costs of their regulations. Executive Order 13563, similar to the 
requirements in Executive Order 13771 and Executive Order 13777, also 
requires agencies to review existing rules to remove outdated 
regulations that stifle job creation and make the U.S. economy less 
competitive.

E. Request for Information

    In order to fully implement the goal of these executive orders, SBA 
seeks help from the public in identifying those regulations that 
affected parties believe impose unnecessary burdens or costs that 
exceed their benefits, eliminate jobs or inhibit job creation, or are 
ineffective or outdated. Commenters should also address how SBA can 
best obtain and consider accurate, objective data about the costs and 
other burdens associated with the agency's existing regulations. As you 
comment, SBA requests that you keep in mind the agency's mission to 
strengthen America's economy by providing tools to help start and grow 
businesses, create jobs, and help disaster survivors recover.

F. List of Questions for Commenters

    The list of questions below is meant to assist in the formulation 
of public comments and is not intended to restrict the issues that may 
be addressed. SBA requests that commenters identify the specific 
regulation at issue and explain, in as much detail as possible, why the 
regulation should be streamlined, expanded, or repealed, including 
estimated cost savings and benefits to small businesses and other 
stakeholders.
    (1) Are there SBA regulations that have become unnecessary or 
ineffective and, if so, what are they?
    (2) Are there SBA regulations that can be repealed without 
impairing SBA's regulatory programs and, if so, what are they?
    (3) Are there SBA regulations that have become outdated and, if so, 
how can they be modernized to better accomplish their regulatory 
objectives?
    (4) Are there SBA regulations that are still necessary, but which 
have not operated as well as expected such that a modified approach is 
justified, and what is that approach?
    (5) Are there SBA regulations or regulatory processes that are 
unnecessarily complicated or could be streamlined to achieve regulatory 
objectives more efficiently?
    (6) Are there any technological developments that can be leveraged 
to modify, streamline, or repeal any existing SBA regulatory 
requirements?
    (7) Are there any SBA regulations that are not tailored to impose 
the least burden on the public?
    (8) How can SBA best obtain and consider accurate, objective data 
about the costs, burdens, and benefits of existing SBA regulations?
    (9) Are there any specific suggestions of ways SBA can better 
achieve its regulatory objectives?
    SBA notes that this RFI is issued solely for information and 
planning purposes and that the Agency is not required to implement any 
of the suggestions it receives. In addition, although the Agency will 
not be able to respond to individual comments, the requested feedback 
is valued and will be given careful consideration.

    Authority:  15 U.S.C. 634(b)(6); E.O. 13771; E.O. 13777.

    Dated: August 4, 2017.
Linda E. McMahon,
Administrator.
[FR Doc. 2017-17176 Filed 8-14-17; 8:45 am]
 BILLING CODE 8025-01-P



                                                                           Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules                                           38617

                                                    comments, and any documents                             500 form letters per PDF or as one form               SMALL BUSINESS ADMINISTRATION
                                                    submitted with the comments.                            letter with a list of supporters’ names
                                                       Do not submit to http://                                                                                   [Docket No. SBA–2017–0005]
                                                                                                            compiled into one or more PDFs. This
                                                    www.regulations.gov information for                     reduces comment processing and                        13 CFR Chapter I
                                                    which disclosure is restricted by statute,              posting time.
                                                    such as trade secrets and commercial or                                                                       Reducing Unnecessary Regulatory
                                                    financial information (hereinafter                         Confidential Business Information.
                                                                                                            According to 10 CFR 1004.11, any                      Burden
                                                    referred to as Confidential Business
                                                    Information (CBI)). Comments                            person submitting information that he                 AGENCY:  U.S. Small Business
                                                    submitted through http://                               or she believes to be confidential and                Administration.
                                                    www.regulations.gov cannot be claimed                   exempt by law from public disclosure                  ACTION: Request for information.
                                                    as CBI. Comments received through the                   should submit via email, postal mail, or
                                                    Web site will waive any CBI claims for                  hand delivery two well-marked copies:                 SUMMARY:   The Small Business
                                                    the information submitted. For                          One copy of the document marked                       Administration (SBA or Agency) is
                                                    information on submitting CBI, see the                  confidential including all the                        seeking input from the public on
                                                    Confidential Business Information                       information believed to be confidential,              identifying which of the Agency’s
                                                    section.                                                and one copy of the document marked                   regulations should be repealed, replaced
                                                       DOE processes submissions made                       non-confidential with the information                 or modified because they are obsolete,
                                                    through http://www.regulations.gov                      believed to be confidential deleted.                  unnecessary, ineffective, or
                                                    before posting. Normally, comments                      Submit these documents via email or on                burdensome. This process of evaluating
                                                    will be posted within a few days of                     a CD, if feasible. DOE will make its own              and identifying such regulations
                                                    being submitted. However, if large                                                                            comports with the mandate in various
                                                                                                            determination about the confidential
                                                    volumes of comments are being                                                                                 Executive Orders to reduce the number
                                                                                                            status of the information and treat it
                                                    processed simultaneously, your                                                                                and costs of the regulations that federal
                                                                                                            according to its determination.                       agencies impose on the public.
                                                    comment may not be viewable for up to
                                                    several weeks. Please keep the comment                     Factors of interest to DOE when                    DATES: Comments are requested on or
                                                    tracking number that http://                            evaluating requests to treat submitted                before October 16, 2017.
                                                    www.regulations.gov provides after you                  information as confidential include (1) a             ADDRESSES: You may submit comments,
                                                    have successfully uploaded your                         description of the items, (2) whether                 identified by Docket Number SBA–
                                                    comment.                                                and why such items are customarily                    2017–0005, using any of the following
                                                       Submitting comments via email, hand                  treated as confidential within the                    methods:
                                                    delivery, or mail. Comments and                         industry, (3) whether the information is                Federal eRulemaking Portal: http://
                                                    documents submitted via email, hand                     generally known by or available from                  www.regulations.gov. Identify
                                                    delivery, or mail also will be posted to                other sources, (4) whether the                        comments by ‘‘Docket Number SBA–
                                                    http://www.regulations.gov. If you do                   information has previously been made                  2017–0005, Reducing Regulatory
                                                    not want your personal contact                          available to others without obligation                Burden RFI,’’ and follow the
                                                    information to be publicly viewable, do
                                                                                                            concerning its confidentiality, (5) an                instructions for submitting comments.
                                                    not include it in your comment or any
                                                                                                            explanation of the competitive injury to                Mail: Holly Turner, Regulatory
                                                    accompanying documents. Instead,
                                                                                                            the submitting person which would                     Reform Officer, U.S. Small Business
                                                    provide your contact information on a
                                                                                                            result from public disclosure, (6) when               Administration, 409 Third Street SW.,
                                                    cover letter. Include your first and last
                                                                                                            such information might lose its                       Washington, DC 20416.
                                                    names, email address, telephone
                                                                                                            confidential character due to the                       SBA will post all comments on http://
                                                    number, and optional mailing address.
                                                                                                            passage of time, and (7) why disclosure               www.regulations.gov. If you wish to
                                                    The cover letter will not be publicly
                                                                                                            of the information would be contrary to               submit confidential business
                                                    viewable as long as it does not include
                                                                                                            the public interest.                                  information (CBI) as defined in the User
                                                    any comments.
                                                       Include contact information each time                                                                      Notice at http://www.regulations.gov,
                                                                                                               It is DOE’s policy that all comments               please submit the information to Holly
                                                    you submit comments, data, documents,                   may be included in the public docket,
                                                    and other information to DOE. If you                                                                          Turner, 409 Third Street SW.,
                                                                                                            without change and as received,                       Washington, DC 20416. Highlight the
                                                    submit via mail or hand delivery, please                including any personal information
                                                    provide all items on a CD, if feasible. It                                                                    information that you consider to be CBI,
                                                                                                            provided in the comments (except                      and explain why you believe this
                                                    is not necessary to submit printed                      information deemed to be exempt from
                                                    copies. No facsimiles (faxes) will be                                                                         information should be held confidential.
                                                                                                            public disclosure).                                   SBA will review the information and
                                                    accepted.
                                                       Comments, data, and other                              Issued in Washington, DC, on August 8,              make the final determination as to
                                                    information submitted to DOE                            2017.                                                 whether to publish the information.
                                                    electronically should be provided in                    Steven Chalk,                                         FOR FURTHER INFORMATION CONTACT:
                                                    PDF (preferred), Microsoft Word or                      Acting Deputy Assistant Secretary for Energy
                                                                                                                                                                  Holly Turner, (202) 205–6335, 409
                                                    Excel, WordPerfect, or text (ASCII) file                Efficiency, Energy Efficiency and Renewable           Third Street SW., Washington, DC
                                                    format. Provide documents that are not                  Energy.                                               20416; email address: IGA@sba.gov.
                                                    secured, written in English and free of                                                                       SUPPLEMENTARY INFORMATION:
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                                                                                                            [FR Doc. 2017–17212 Filed 8–14–17; 8:45 am]
                                                    any defects or viruses. Documents                       BILLING CODE 6450–01–P                                A. General Information
                                                    should not contain special characters or
                                                    any form of encryption and, if possible,                                                                         The SBA’s mission is to maintain and
                                                    they should carry the electronic                                                                              strengthen the nation’s economy by
                                                    signature of the author.                                                                                      enabling the establishment and viability
                                                       Campaign form letters. Please submit                                                                       of small businesses, and by assisting in
                                                    campaign form letters by the originating                                                                      economic recovery of communities after
                                                    organization in batches of between 50 to                                                                      disasters. In carrying out this mission,


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                                                    38618                  Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules

                                                    SBA has developed a regulatory policy                   repealed, replaced, or modified. In                   regulatory programs and, if so, what are
                                                    that is implemented primarily through                   doing so, agencies should focus on                    they?
                                                    several core program offices: Office of                 identifying regulations that, among                      (3) Are there SBA regulations that
                                                    Capital Access, Office of Disaster                      other things: eliminate jobs or inhibit               have become outdated and, if so, how
                                                    Assistance, Office of Entrepreneurial                   job creation; are outdated, unnecessary               can they be modernized to better
                                                    Development, Office of Government                       or ineffective; impose costs that exceed              accomplish their regulatory objectives?
                                                    Contracting and Business Development,                   benefits; create a serious inconsistency                 (4) Are there SBA regulations that are
                                                    Office of International Trade, and Office               or otherwise interfere with regulatory                still necessary, but which have not
                                                    of Investment and Innovation. SBA’s                     reform initiatives and policies; or are               operated as well as expected such that
                                                    regulations are codified at title 13 Code               associated with Executive Orders or                   a modified approach is justified, and
                                                    of Federal Regulations, chapter I, and                  other Presidential directives that have               what is that approach?
                                                    consist of parts 100 through 147.                       been rescinded or substantially                          (5) Are there SBA regulations or
                                                       Federal agencies have an ongoing                     modified.                                             regulatory processes that are
                                                    responsibility to ensure that the                                                                             unnecessarily complicated or could be
                                                    regulations they issue do not have an                   D. Executive Order 13563
                                                                                                                                                                  streamlined to achieve regulatory
                                                    adverse economic impact on those                          Under Executive Order 13563,                        objectives more efficiently?
                                                    affected by the rules. This responsibility              Improving Regulation and Regulatory                      (6) Are there any technological
                                                    has been reinforced over the years in                   Review (January 11, 2011), agencies                   developments that can be leveraged to
                                                    various executive orders that have                      conduct a retrospective review of their               modify, streamline, or repeal any
                                                    expressly directed agencies to review                   regulations to seek more affordable, less             existing SBA regulatory requirements?
                                                    their regulations with an eye towards                   intrusive means to achieve policy goals,                 (7) Are there any SBA regulations that
                                                    reducing the time and money the public                  and to give careful consideration to the              are not tailored to impose the least
                                                    must spend to comply with the                           benefits and costs of their regulations.              burden on the public?
                                                    regulatory requirements. The most                       Executive Order 13563, similar to the                    (8) How can SBA best obtain and
                                                    recent of these executive orders are                    requirements in Executive Order 13771                 consider accurate, objective data about
                                                    discussed below; together, they provide                 and Executive Order 13777, also                       the costs, burdens, and benefits of
                                                    the framework for SBA’s efforts to                      requires agencies to review existing                  existing SBA regulations?
                                                    reduce the regulatory burden on the                     rules to remove outdated regulations                     (9) Are there any specific suggestions
                                                    participants in the agency’s programs.                  that stifle job creation and make the U.S.            of ways SBA can better achieve its
                                                    One of SBA’s primary objectives in                      economy less competitive.                             regulatory objectives?
                                                    carrying out these efforts is to continue                                                                        SBA notes that this RFI is issued
                                                    to promote economic growth,                             E. Request for Information
                                                                                                                                                                  solely for information and planning
                                                    innovation, and job creation in the small                  In order to fully implement the goal               purposes and that the Agency is not
                                                    business sector, and to ensure that                     of these executive orders, SBA seeks                  required to implement any of the
                                                    disaster survivors have the clear policy                help from the public in identifying                   suggestions it receives. In addition,
                                                    and procedural guidance they need to                    those regulations that affected parties               although the Agency will not be able to
                                                    quickly obtain financial assistance to                  believe impose unnecessary burdens or                 respond to individual comments, the
                                                    rebuild their lives. Anyone responding                  costs that exceed their benefits,                     requested feedback is valued and will be
                                                    to SBA’s request for feedback should                    eliminate jobs or inhibit job creation, or            given careful consideration.
                                                    keep these objectives in mind.                          are ineffective or outdated. Commenters
                                                                                                            should also address how SBA can best                    Authority: 15 U.S.C. 634(b)(6); E.O. 13771;
                                                    B. Executive Order 13771                                                                                      E.O. 13777.
                                                                                                            obtain and consider accurate, objective
                                                      On January 30, 2017, President Trump                  data about the costs and other burdens                  Dated: August 4, 2017.
                                                    signed Executive Order 13771, Reducing                  associated with the agency’s existing                 Linda E. McMahon,
                                                    Regulation and Controlling Regulatory                   regulations. As you comment, SBA                      Administrator.
                                                    Costs, which, among other objectives, is                requests that you keep in mind the                    [FR Doc. 2017–17176 Filed 8–14–17; 8:45 am]
                                                    intended to ensure that an agency’s                     agency’s mission to strengthen                        BILLING CODE 8025–01–P
                                                    regulatory costs are prudently managed                  America’s economy by providing tools
                                                    and controlled so as to minimize the                    to help start and grow businesses, create
                                                    compliance burden imposed on the                        jobs, and help disaster survivors
                                                    public. For every new regulation an                                                                           DEPARTMENT OF TRANSPORTATION
                                                                                                            recover.
                                                    agency proposes to implement, unless
                                                                                                            F. List of Questions for Commenters                   Federal Aviation Administration
                                                    prohibited by law, this Executive Order
                                                    requires the agency to (i) identify at                    The list of questions below is meant
                                                                                                                                                                  14 CFR Part 39
                                                    least two existing regulations that the                 to assist in the formulation of public
                                                    agency can cancel; and (ii) use the cost                comments and is not intended to restrict              [Docket No. FAA–2017–0716; Product
                                                    savings from the cancelled regulations                  the issues that may be addressed. SBA                 Identifier 2016–NM–165–AD]
                                                    to offset the cost of the new regulation.               requests that commenters identify the
                                                                                                                                                                  RIN 2120–AA64
                                                                                                            specific regulation at issue and explain,
                                                    C. Executive Order 13777
                                                                                                            in as much detail as possible, why the                Airworthiness Directives; Airbus
                                                       On February 24, 2017, the President                  regulation should be streamlined,
mstockstill on DSK30JT082PROD with PROPOSALS




                                                                                                                                                                  Airplanes
                                                    issued Executive Order 13777,                           expanded, or repealed, including
                                                    Enforcing the Regulatory Agenda, which                  estimated cost savings and benefits to                AGENCY: Federal Aviation
                                                    further emphasized the goal of the                      small businesses and other stakeholders.              Administration (FAA), DOT.
                                                    Administration to alleviate the                           (1) Are there SBA regulations that                  ACTION: Notice of proposed rulemaking
                                                    regulatory burdens placed on the public.                have become unnecessary or ineffective                (NPRM).
                                                    Under Executive Order 13777, agencies                   and, if so, what are they?
                                                    must evaluate their existing regulations                  (2) Are there SBA regulations that can              SUMMARY: We propose to supersede
                                                    to determine which ones should be                       be repealed without impairing SBA’s                   Airworthiness Directive (AD) 2016–02–


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Document Created: 2017-08-15 01:12:25
Document Modified: 2017-08-15 01:12:25
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
ActionRequest for information.
DatesComments are requested on or before October 16, 2017.
ContactHolly Turner, (202) 205-6335, 409
FR Citation82 FR 38617 

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