82 FR 38617 - Reducing Unnecessary Regulatory Burden

SMALL BUSINESS ADMINISTRATION

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

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(SBA or Agency) is seeking input from the public on identifying which of the Agency's regulations should be repealed, replaced or modified because they are obsolete, unnecessary, ineffective, or burdensome.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, 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.

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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should be repealed, replaced or modified because they are obsolete, 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