83_FR_27324 83 FR 27212 - Semiannual Regulatory Agenda

83 FR 27212 - Semiannual Regulatory Agenda

SMALL BUSINESS ADMINISTRATION

Federal Register Volume 83, Issue 112 (June 11, 2018)

Page Range27212-27216
FR Document2018-11293

This semiannual Regulatory Agenda is a summary of current and projected regulatory and deregulatory actions and completed actions of the Small Business Administration (SBA). SBA expects that this summary information will enable the public to be more aware of, and effectively participate in, SBA's regulatory and deregulatory activities. SBA invites the public to submit comments on any aspect of this Agenda.

Federal Register, Volume 83 Issue 112 (Monday, June 11, 2018)
[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Unknown Section]
[Pages 27212-27216]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11293]



[[Page 27211]]

Vol. 83

Monday,

No. 112

June 11, 2018

Part XIX





Small Business Administration





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Semiannual Regulatory Agenda

Federal Register / Vol. 83 , No. 112 / Monday, June 11, 2018 / 
Unified Agenda

[[Page 27212]]


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SMALL BUSINESS ADMINISTRATION

13 CFR Ch. I


Semiannual Regulatory Agenda

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

ACTION: Semiannual regulatory agenda.

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

SUMMARY: This semiannual Regulatory Agenda is a summary of current and 
projected regulatory and deregulatory actions and completed actions of 
the Small Business Administration (SBA). SBA expects that this summary 
information will enable the public to be more aware of, and effectively 
participate in, SBA's regulatory and deregulatory activities. SBA 
invites the public to submit comments on any aspect of this Agenda.

FOR FURTHER INFORMATION CONTACT: 

General

    Please direct general comments or inquiries to Imelda A. Kish, Law 
Librarian, U.S. Small Business Administration, 409 Third Street SW, 
Washington, DC 20416, (202) 205-6849, [email protected].

Specific

    Please direct specific comments and inquiries on individual 
regulatory activities identified in this Agenda to the individual 
listed in the summary of the regulation as the point of contact for 
that regulation.

SUPPLEMENTARY INFORMATION: SBA is fully committed to implementing the 
Administration's regulatory reform policies, as established by 
Executive Order 13771, Reducing Regulation and Controlling Regulatory 
Costs (January 30, 2017), and Executive Order 13777, Enforcing the 
Regulatory Reform Agenda (February 24, 2017). In order to fully 
implement the goal of these executive orders, SBA seeks feedback from 
the public in identifying any SBA 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.
    The Regulatory Flexibility Act requires SBA to publish in the 
Federal Register a semiannual regulatory flexibility agenda describing 
those rules SBA expects to consider in the next 12 months that are 
likely to have a significant economic impact on a substantial number of 
small entities (5 U.S.C. 602). Additional information on these rules 
and on all other rulemakings SBA expects to consider is included in the 
Federal Government's complete Regulatory Agenda, which will be 
available online at www.reginfo.gov in a format that offers users 
enhanced ability to obtain information about SBA's rules.

Linda E. McMahon,
Administrator.

              Small Business Administration--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
191.......................  Small Business Size                3245-AG16
                             Standards; Alternative
                             Size Standard for 7(a),
                             504, and Disaster Loan
                             Programs.
------------------------------------------------------------------------


           Small Business Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
192.......................  Small Business Development         3245-AE05
                             Center Program Revisions.
193.......................  Small Business HUBZone             3245-AG38
                             Program and Government
                             Contracting Programs.
194.......................  Women-Owned Small Business         3245-AG75
                             and Economically
                             Disadvantaged Women-Owned
                             Small Business--
                             Certification.
195.......................  National Defense                   3245-AG86
                             Authorization Acts of
                             2016 and 2017, RISE After
                             Disaster Act of 2015, and
                             Other Small Business
                             Government Contracting
                             Amendments.
196.......................  Small Business Size                3245-AG88
                             Standards: Educational
                             Services; Health Care and
                             Social Assistance; Arts,
                             Entertainment and
                             Recreation; Accommodation
                             and Food Services; Other
                             Services.
197.......................  Small Business Size                3245-AG89
                             Standards: Agriculture,
                             Forestry, Fishing and
                             Hunting; Mining,
                             Quarrying, and Oil and
                             Gas Extraction;
                             Utilities; Construction.
198.......................  Small Business Size                3245-AG90
                             Standards: Transportation
                             and Warehousing;
                             Information; Finance and
                             Insurance; Real Estate
                             and Rental and Leasing.
199.......................  Small Business Size                3245-AG91
                             Standards: Professional,
                             Scientific and Technical
                             Services; Management of
                             Companies and
                             Enterprises;
                             Administrative and
                             Support, Waste Management
                             and Remediation Services.
200.......................  Streamlining and                   3245-AG97
                             Modernizing Certified
                             Development Company
                             Program (504 Loan
                             Program) Corporate
                             Governance Requirements.
201.......................  Streamlining and                   3245-AG98
                             Modernizing the 7(a),
                             Microloan, and 504 Loan
                             Programs to Reduce
                             Unnecessary Regulatory
                             Burden.
------------------------------------------------------------------------


             Small Business Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
202.......................  Small Business Timber Set-         3245-AG69
                             Aside Program.
203.......................  Ownership and Control of           3245-AG85
                             Service-Disabled Veteran-
                             Owned Small Business
                             Concerns.
------------------------------------------------------------------------


[[Page 27213]]


            Small Business Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
204.......................  Miscellaneous Amendments           3245-AF85
                             to Business Loan Programs
                             and Surety Bond Guarantee
                             Program.
205.......................  Disaster Loan Programs;            3245-AG77
                             Federal Flood Risk
                             Management Standard.
------------------------------------------------------------------------


SMALL BUSINESS ADMINISTRATION (SBA)

Prerule Stage

191. Small Business Size Standards; Alternative Size Standard for 7(A), 
504, and Disaster Loan Programs

    E.O. 13771 Designation: Other.
    Legal Authority: Pub. L. 111-240, sec. 1116
    Abstract: SBA will request public comment on options to amend its 
size eligibility criteria for Business Loans, certified development 
company (CDC) loans under title V of the Small Business Investment Act 
(504) and economic injury disaster loans (EIDL). For the SBA 7(a) 
Business Loan Program and the 504 program, the eventual amendments will 
provide an alternative size standard for loan applicants that do not 
meet the small business size standards for their industries. The Small 
Business Jobs Act of 2010 (Jobs Act) established alternative size 
standards that apply to both of these programs until SBA's 
Administrator establishes other alternative size standards. For the 
disaster loan program, the amendments will provide an alternative size 
standard for loan applicants that do not meet the Small Business Size 
Standard for their industries. SBA loan program alternative size 
standards do not affect other Federal Government programs, including 
Federal procurement.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   03/22/18  83 FR 12506
ANPRM Comment Period End............   05/21/18  .......................
NPRM................................   12/00/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size 
Standards, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email: 
[email protected].
    RIN: 3245-AG16

SMALL BUSINESS ADMINISTRATION (SBA)

Proposed Rule Stage

192. Small Business Development Center Program Revisions

    E.O. 13771 Designation: Other.
    Legal Authority: 15 U.S.C. 634(b)(6); 15 U.S.C. 648
    Abstract: Updates the Small Business Development Center (SBDC) 
program regulations by proposing to amend: (1) Procedures for approving 
applications for new Host SBDCs; (2) approval procedures for travel 
outside the continental U.S. and U.S. territories; (3) procedures and 
requirements regarding findings and disputes resulting from financial 
exams, programmatic reviews, accreditation reviews, and other SBA 
oversight activities; (4) requirements for new or renewal applications 
for SBDC grants, including electronic submission through the approved 
electronic Government submission facility; (5) procedures regarding the 
determination to affect suspension, termination or non-renewal of an 
SBDC's cooperative agreement; and (6) provisions regarding the 
collection and use of the individual SBDC client data.
    Timetable:

------------------------------------------------------------------------
                   Action                       Date         FR Cite
------------------------------------------------------------------------
ANPRM......................................   04/02/15       80 FR 17708
ANPRM Comment Period End...................   06/01/15
NPRM.......................................   07/00/18
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Adriana Menchaca-Gendron, Associate Administrator 
for Small Business Development Centers, Small Business Administration, 
409 Third Street SW, Washington, DC 20416, Phone: 202 205-6988, Email: 
[email protected].
    RIN: 3245-AE05

193. Small Business Hubzone Program and Government Contracting Programs

    E.O. 13771 Designation: Other.
    Legal Authority: 15 U.S.C. 657a
    Abstract: SBA has been reviewing its processes and procedures for 
implementing the HUBZone program and has determined that several of the 
regulations governing the program should be amended in order to resolve 
certain issues that have arisen. As a result, the proposed rule would 
constitute a comprehensive revision of part 126 of SBA's regulations to 
clarify current HUBZone Program regulations, and implement various new 
procedures. The amendments will make it easier for participants to 
comply with the program requirements and enable them to maximize the 
benefits afforded by participation. In developing this proposed rule, 
SBA will focus on the principles of Executive Orders 12866, 13771 and 
13563 to determine whether portions of regulations should be modified, 
streamlined, expanded or repealed to make the HUBZone program more 
effective and/or less burdensome on small business concerns. At the 
same time, SBA will maintain a framework that helps identify and reduce 
waste, fraud, and abuse in the program.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Mariana Pardo, Director, Office of HUBZone, Small 
Business Administration, 409 Third Street SW, Washington, DC 20416, 
Phone: 202 205-2985, Fax: 202 481-2675, Email: [email protected].
    RIN: 3245-AG38

194. Women-Owned Small Business and Economically Disadvantaged Women-
Owned Small Business-Certification

    E.O. 13771 Designation: Other.
    Legal Authority: Pub. L. 113-291, sec. 825; 15 U.S.C. 637(m)
    Abstract: Section 825 of the National Defense Authorization Act for 
Fiscal Year 2015 (NDAA), Public Law 113-291, 128 Stat. 3292, Dec. 19, 
2014, included language requiring that women-owned small business 
concerns and economically disadvantaged women-owned small business 
concerns are certified by a Federal agency, a State government, the 
Administrator, or national certifying entity approved by the 
Administrator as a small business concern owned and controlled by

[[Page 27214]]

women. This rule will propose the standards and procedures for 
participation in this certification program. This rule will also 
propose to revise the procedures for continuing eligibility, program 
examinations, protest and appeals. The proposed revisions will reflect 
public comments that SBA received in response to the Advanced Notice of 
Proposed Rulemaking that the agency issued in December 2016 to solicit 
feedback on implementation of the program. Finally, SBA is planning to 
continue to utilize new technology to improve its efficiency and 
decrease small business burdens, and therefore, the new certification 
procedures will be based on an electronic application and certification 
process.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   12/18/15  80 FR 78984
ANPRM Comment Period End............   02/16/16  .......................
NPRM................................   05/00/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kenneth Dodds, Director, Office of Policy, Planning 
and Liaison, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416, Phone: 202 619-1766, Fax: 202 481-2950, Email: 
[email protected].
    RIN: 3245-AG75

195. National Defense Authorization Acts of 2016 and 2017, Rise After 
Disaster Act of 2015, and Other Small Business Government Contracting 
Amendments

    E.O. 13771 Designation: Other.
    Legal Authority: 15 U.S.C. 637(d)(17); Pub. L. 114-328, sec. 1811, 
sec. 1821; Pub. L. 114-92, sec. 863; Pub. L. 114-88, sec. 2108
    Abstract: Section 1811 of the of the National Defense Authorization 
Act (NDAA) for Fiscal Year 2017, Public Law 114-328, Dec. 23, 2016, 
(NDAA) of 2017 limits the scope of review of Procurement Center 
Representatives for certain Department of Defense procurements 
performed outside of the United States. Section 1821 of the NDAA of 
2017 establishes that failure to act in good faith in providing timely 
subcontracting reports shall be considered a material breach of the 
contract. Section 863 of the NDAA for FY 2016, Public Law 114-92, Nov. 
25, 2015, establishes procedures for the publication of acquisition 
strategies if the acquisition involves consolidation or substantial 
bundling. SBA also intends to request comment on various proposed 
changes requested by industry or other agencies, including those 
pertaining to exclusions from calculating compliance with the 
limitations on subcontracting, an agency's ability to set aside orders 
under set-aside contracts, and a contracting officer's authority to 
request reports on a prime contractor's compliance with the limitations 
on subcontracting. Section 2108 of Public Law 114-88 provide agencies 
with double credit when they award to a local small business in a 
disaster area.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kenneth Dodds, Director, Office of Policy, Planning 
and Liaison, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416, Phone: 202 619-1766, Fax: 202 481-2950, Email: 
[email protected].
    RIN: 3245-AG86

196. Small Business Size Standards: Educational Services; Health Care 
and Social Assistance; Arts, Entertainment and Recreation; 
Accommodation and Food Services; Other Services

    E.O. 13771 Designation: Other.
    Legal Authority: 15 U.S.C. 632(a)
    Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires 
SBA to conduct every five years a detailed review of all size standards 
and to make appropriate adjustments to reflect market conditions. As 
part of the second five-year review of size standards under the Jobs 
Act, in this proposed rule, SBA will evaluate size standards for all 
industries in North American Industry Classification System (NAICS) 
Sector 61 (Educational Services), Sector 62 (Health Care and Social 
Assistance), Sector 71 (Arts, Entertainment and Recreation), Sector 72 
(Accommodation and Food Services), and Sector 81 (Other Services) and 
make necessary adjustments to size standards in these sectors. This is 
one of a series of proposed rules that will examine groups of NAICS 
sectors. SBA will apply its Size Standards Methodology to this proposed 
rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size 
Standards, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email: 
[email protected].
    RIN: 3245-AG88

197. Small Business Size Standards: Agriculture, Forestry, Fishing and 
Hunting; Mining, Quarrying, and Oil and Gas Extraction; Utilities; 
Construction

    E.O. 13771 Designation: Other.
    Legal Authority: 15 U.S.C. 632(a)
    Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires 
SBA to conduct every five years a detailed review of all size standards 
and to make appropriate adjustments to reflect market conditions. As 
part of the second five-year review of size standards under the Jobs 
Act, in this proposed rule, SBA will evaluate each industry that has a 
receipts-based standard in North American Industry Classification 
System (NAICS) Sector 11 (Agriculture, Forestry, Fishing and Hunting), 
Sector 21 (Mining, Quarrying, and Oil and Gas Extraction), Sector 22 
(Utilities), and Sector 23 (Construction), and make necessary 
adjustments to size standards in these sectors. This is one of a series 
of proposed rules that will examine groups of NAICS sectors. SBA will 
apply its Size Standards Methodology to this proposed rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size 
Standards, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email: 
[email protected].
    RIN: 3245-AG89

198. Small Business Size Standards: Transportation and Warehousing; 
Information; Finance and Insurance; Real Estate and Rental and Leasing

    E.O. 13771 Designation: Other.
    Legal Authority: 15 U.S.C. 632(a)
    Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires 
SBA to conduct every five years a detailed review of all size standards 
and to make appropriate adjustments to reflect market conditions. As 
part of the second five-year review of size standards under the Jobs 
Act, in this proposed rule, SBA

[[Page 27215]]

will evaluate each industry that has a receipts-based standard in North 
American Industry Classification System (NAICS) Sector 48-49 
(Transportation and Warehousing), Sector 51 (Information), Sector 52 
(Finance and Insurance), and Sector 53 (Real Estate and Rental and 
Leasing) and make necessary adjustments to size standards in these 
sectors. This is one of a series of proposed rules that will examine 
groups of NAICS sectors. SBA will apply its Size Standards Methodology 
to this proposed rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size 
Standards, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email: 
[email protected].
    RIN: 3245-AG90

199. Small Business Size Standards: Professional, Scientific and 
Technical Services; Management of Companies and Enterprises; 
Administrative and Support, Waste Management and Remediation Services

    E.O. 13771 Designation: Other.
    Legal Authority: 15 U.S.C. 632(a)
    Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires 
SBA to conduct every five years a detailed review of all size standards 
and to make appropriate adjustments to reflect market conditions. As 
part of the second five-year review of size standards under the Jobs 
Act, in this proposed rule, SBA will evaluate each industry that has a 
receipts-based standard in North American Industry Classification 
System (NAICS) Sector 54 (Professional, Scientific and Technical 
Services), Sector 55 (Management of Companies and Enterprises), and 
Sector 56 (Administrative and Support, Waste Management and Remediation 
Services) and make necessary adjustments to size standards in these 
sectors. This is one of a series of proposed rules that will examine 
groups of NAICS sectors. SBA will apply its Size Standards Methodology 
to this proposed rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size 
Standards, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email: 
[email protected].
    RIN: 3245-AG91

200.  Streamlining and Modernizing Certified Development 
Company Program (504 Loan Program) Corporate Governance Requirements

    E.O. 13771 Designation: Other.
    Legal Authority: 15 U.S.C. 695 et seq.
    Abstract: On August 15, 2017, the U.S. Small Business 
Administration (SBA) published a request for information seeking input 
from the public on SBA regulations that should be repealed, replaced, 
or modified because they are obsolete, unnecessary, ineffective, or 
burdensome (82 FR 38617). As a part of that initiative, SBA intends to 
conduct a review of its existing regulations to identify ways to 
improve and streamline the corporate governance requirements in the 504 
loan program. SBA intends to issue a proposed rule reflecting these 
changes in Fiscal Year 2018.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Linda Reilly, Chief, 504 Loan Program, Small 
Business Administration, 409 Third Street SW, Washington, DC 20416, 
Phone: 202 205-9949, Email: [email protected].
    RIN: 3245-AG97

201.  Streamlining and Modernizing The 7(A), Microloan, and 504 
Loan Programs To Reduce Unnecessary Regulatory Burden

    E.O. 13771 Designation: Other.
    Legal Authority: 15 U.S.C. 636(a); 15 U.S.C. 636(m); 15 U.S.C. 695 
et seq.
    Abstract: On August 15, 2017, the U.S. Small Business 
Administration (SBA) published a request for information seeking input 
from the public on SBA regulations that should be repealed, replaced, 
or modified because they are obsolete, unnecessary, ineffective, or 
burdensome (82 FR 38617). SBA reviewed all comments received regarding 
the 7(a), Microloan, and 504 loan programs and is conducting a review 
of its existing regulations to identify ways to improve and streamline 
regulations and lower costs. SBA intends to issue a proposed rule 
reflecting these changes in Fiscal Year 2018.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Linda Reilly, Chief, 504 Loan Program, Small 
Business Administration, 409 Third Street SW, Washington, DC 20416, 
Phone: 202 205-9949, Email: [email protected].
    RIN: 3245-AG98

SMALL BUSINESS ADMINISTRATION (SBA)

Final Rule Stage

202. Small Business Timber Set-Aside Program

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 15 U.S.C. 631; 15 U.S.C. 644(a)
    Abstract: The U.S. Small Business Administration (SBA or Agency) is 
amending its Small Business Timber Set-Aside Program (the Program) 
regulations. The Small Business Timber Set-Aside Program is rooted in 
the Small Business Act, which tasked SBA with ensuring that small 
businesses receive a fair proportion of the total sales of government 
property. Accordingly, the Program requires Timber sales to be set 
aside for small business when small business participation falls below 
a certain amount. SBA considered comments received during the Advance 
Notice of Proposed Rulemaking and Notice of Proposed Rulemaking 
processes, including on issues such as, but not limited to, whether the 
saw timber volume purchased through stewardship timber contracts should 
be included in calculations, and whether the appraisal point used in 
set-aside sales should be the nearest small business mill. In addition, 
SBA is considering data from the timber industry to help evaluate the 
current program and economic impact of potential changes.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   03/25/15  80 FR 15697
ANPRM Comment Period End............   05/26/15  .......................
NPRM................................   09/27/16  81 FR 66199
NPRM Comment Period End.............   11/28/16  .......................
Final Rule..........................   08/00/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

[[Page 27216]]

    Agency Contact: David W. Loines, Area Director, Office of 
Government Contracting, Small Business Administration, 409 Third Street 
SW, Washington, DC 20416, Phone: 202 205-7311, Email: 
[email protected].
    RIN: 3245-AG69

203. Ownership and Control of Service-Disabled Veteran-Owned Small 
Business Concerns

    E.O. 13771 Designation: Other.
    Legal Authority: Pub. L. 114-328, sec. 1832, sec. 1835
    Abstract: Section 1832 of the National Defense Authorization Act 
for Fiscal Year 2017 (NDAA), Public Law 114-328, Dec. 23, 2016, 
provides for a government-wide, uniform definition of a small business 
concern owned and controlled by a service-disabled veteran. Section 
1835 requires the Small Business Administration (SBA) and the 
Department of Veterans Affairs (VA) to issue guidance, not later than 
180 days after the date of enactment of the NDAA of 2017. The rule will 
amend SBA's regulations to create a uniform definition of a small 
business owned and controlled by a service-disabled veteran to be used 
for purposes of eligibility for government procurements by agencies 
other than the VA under the authority of 15 U.S.C. 657f, and by the VA 
for VA procurements in accordance with 38 U.S.C. 8127. These changes 
will include addressing ownership by an employee stock ownership plan 
(ESOP) and ownership and control by a surviving spouse.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/29/18  83 FR 4005
Comment Period End..................   03/30/18  .......................
Final Rule..........................   07/00/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kenneth Dodds, Director, Office of Policy, Planning 
and Liaison, Small Business Administration, 409 Third Street SW, 
Washington, DC 20416, Phone: 202 619-1766, Fax: 202 481-2950, Email: 
[email protected].
    RIN: 3245-AG85

SMALL BUSINESS ADMINISTRATION (SBA)

Completed Actions

204. Miscellaneous Amendments to Business Loan Programs and Surety Bond 
Guarantee Program

    E.O. 13771 Designation: Deregulatory.
    Legal Authority: 15 U.S.C. 636(a); 15 U.S.C. 694(b)
    Abstract: Certain lenders have been delegated the authority to make 
loan decisions without prior approval from SBA under certain 
circumstances. SBA has formalized such delegated authorities in this 
rule. The rule makes several minor modifications to the 504 Loan 
Program and governance rules for Certified Development Company (CDC) in 
a follow-on to the Final Rule: 504 and 7(a) Loan Program Updates (March 
21, 2014). The rule also aligns terminology for 7(a) lenders that are 
federally regulated to synchronize with existing industry requirements. 
SBA is also making several other miscellaneous amendments to improve 
oversight and operations of its finance programs.
    This rule makes four changes to the Surety Bond Guarantee (SBG) 
Program. The first changes the threshold for notification to SBA of 
changes in the contract or bond amount. Second, the change requires 
sureties to submit quarterly contract completion reports. Third, SBA is 
increasing the eligible contract limit for the Quick Bond Application 
and Agreement from $250,000 to $400,000. Finally, the rule increases 
the guarantee percentage in the Preferred Surety Bond program to 
reflect the statutory change made by the National Defense Authorization 
Act of 2016. The guarantee percentage increases from 70 percent to 80 
percent or 90 percent, depending on contract size and socioeconomic 
factors currently in effect in the Prior Approval Program.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   08/21/17  82 FR 39491
Final Rule Effective................   09/20/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dianna L. Seaborn, Phone: 202 205-3645, Email: 
[email protected].
    RIN: 3245-AF85

205. Disaster Loan Programs; Federal Flood Risk Management Standard

    E.O. 13771 Designation: Not subject to, not significant.
    Legal Authority: 15 U.S.C. 634(b)(6); E.O. 11988
    Abstract: Due to the revocation of Executive Order 11988, SBA is 
withdrawing this rule which would have described which disaster loans 
were to be subject to federal flood risk managements standards. It 
would have applied to disaster loans that met one of the following 
conditions: (1) SBA funds used for total real estate reconstruction at 
the damaged site that is located in the Special Flood Hazard Area 
(SFHA); (2) SBA funds used for new real estate construction at a 
relocation site that is located in the SFHA; or (3) SBA funds used for 
code required elevation at the damaged site that is located in the 
SFHA.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Withdrawn...........................   03/26/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Alejandro Contreras, Phone: 202 205-6674, Email: 
[email protected].
    RIN: 3245-AG77

[FR Doc. 2018-11293 Filed 6-8-18; 8:45 am]
 BILLING CODE 8025-01-P



                                                  27212                         Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda

                                                  SMALL BUSINESS ADMINISTRATION                                     General                                                          executive orders, SBA seeks feedback
                                                                                                                                                                                     from the public in identifying any SBA
                                                                                                                      Please direct general comments or
                                                  13 CFR Ch. I                                                                                                                       regulations that affected parties believe
                                                                                                                    inquiries to Imelda A. Kish, Law
                                                                                                                                                                                     impose unnecessary burdens or costs
                                                  Semiannual Regulatory Agenda                                      Librarian, U.S. Small Business
                                                                                                                                                                                     that exceed their benefits; eliminate jobs
                                                                                                                    Administration, 409 Third Street SW,
                                                                                                                                                                                     or inhibit job creation; or are ineffective
                                                  AGENCY:U.S. Small Business                                        Washington, DC 20416, (202) 205–6849,
                                                                                                                                                                                     or outdated.
                                                  Administration (SBA).                                             imelda.kish@sba.gov.
                                                                                                                                                                                        The Regulatory Flexibility Act
                                                                                                                    Specific                                                         requires SBA to publish in the Federal
                                                  ACTION:     Semiannual regulatory agenda.
                                                                                                                      Please direct specific comments and                            Register a semiannual regulatory
                                                                                                                    inquiries on individual regulatory                               flexibility agenda describing those rules
                                                  SUMMARY:   This semiannual Regulatory                                                                                              SBA expects to consider in the next 12
                                                  Agenda is a summary of current and                                activities identified in this Agenda to
                                                                                                                    the individual listed in the summary of                          months that are likely to have a
                                                  projected regulatory and deregulatory                                                                                              significant economic impact on a
                                                  actions and completed actions of the                              the regulation as the point of contact for
                                                                                                                    that regulation.                                                 substantial number of small entities (5
                                                  Small Business Administration (SBA).                                                                                               U.S.C. 602). Additional information on
                                                  SBA expects that this summary                                     SUPPLEMENTARY INFORMATION: SBA is
                                                                                                                                                                                     these rules and on all other rulemakings
                                                  information will enable the public to be                          fully committed to implementing the                              SBA expects to consider is included in
                                                  more aware of, and effectively                                    Administration’s regulatory reform                               the Federal Government’s complete
                                                  participate in, SBA’s regulatory and                              policies, as established by Executive                            Regulatory Agenda, which will be
                                                  deregulatory activities. SBA invites the                          Order 13771, Reducing Regulation and                             available online at www.reginfo.gov in a
                                                  public to submit comments on any                                  Controlling Regulatory Costs (January                            format that offers users enhanced ability
                                                  aspect of this Agenda.                                            30, 2017), and Executive Order 13777,                            to obtain information about SBA’s rules.
                                                                                                                    Enforcing the Regulatory Reform
                                                  FOR FURTHER INFORMATION CONTACT:                                  Agenda (February 24, 2017). In order to                          Linda E. McMahon,
                                                                                                                    fully implement the goal of these                                Administrator.

                                                                                                         SMALL BUSINESS ADMINISTRATION—PRERULE STAGE
                                                                                                                                                                                                                             Regulation
                                                    Sequence No.                                                                                Title                                                                       Identifier No.

                                                  191 ....................   Small Business Size Standards; Alternative Size Standard for 7(a), 504, and Disaster Loan Programs ......                                         3245–AG16


                                                                                                   SMALL BUSINESS ADMINISTRATION—PROPOSED RULE STAGE
                                                                                                                                                                                                                             Regulation
                                                    Sequence No.                                                                                Title                                                                       Identifier No.

                                                  192 ....................   Small Business Development Center Program Revisions ..............................................................................                3245–AE05
                                                  193 ....................   Small Business HUBZone Program and Government Contracting Programs ................................................                               3245–AG38
                                                  194 ....................   Women-Owned Small Business and Economically Disadvantaged Women-Owned Small Business—Cer-                                                         3245–AG75
                                                                               tification.
                                                  195 ....................   National Defense Authorization Acts of 2016 and 2017, RISE After Disaster Act of 2015, and Other Small                                            3245–AG86
                                                                               Business Government Contracting Amendments.
                                                  196 ....................   Small Business Size Standards: Educational Services; Health Care and Social Assistance; Arts, Enter-                                              3245–AG88
                                                                               tainment and Recreation; Accommodation and Food Services; Other Services.
                                                  197 ....................   Small Business Size Standards: Agriculture, Forestry, Fishing and Hunting; Mining, Quarrying, and Oil                                             3245–AG89
                                                                               and Gas Extraction; Utilities; Construction.
                                                  198 ....................   Small Business Size Standards: Transportation and Warehousing; Information; Finance and Insurance;                                                3245–AG90
                                                                               Real Estate and Rental and Leasing.
                                                  199 ....................   Small Business Size Standards: Professional, Scientific and Technical Services; Management of Compa-                                              3245–AG91
                                                                               nies and Enterprises; Administrative and Support, Waste Management and Remediation Services.
                                                  200 ....................   Streamlining and Modernizing Certified Development Company Program (504 Loan Program) Corporate                                                   3245–AG97
                                                                               Governance Requirements.
                                                  201 ....................   Streamlining and Modernizing the 7(a), Microloan, and 504 Loan Programs to Reduce Unnecessary Reg-                                                3245–AG98
                                                                               ulatory Burden.


                                                                                                       SMALL BUSINESS ADMINISTRATION—FINAL RULE STAGE
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                                                                                                                                                                                                                             Regulation
                                                    Sequence No.                                                                                Title                                                                       Identifier No.

                                                  202 ....................   Small Business Timber Set-Aside Program ....................................................................................................      3245–AG69
                                                  203 ....................   Ownership and Control of Service-Disabled Veteran-Owned Small Business Concerns ...............................                                   3245–AG85




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                                                                                Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda                                                         27213

                                                                                                  SMALL BUSINESS ADMINISTRATION—COMPLETED ACTIONS
                                                                                                                                                                                                               Regulation
                                                    Sequence No.                                                                         Title                                                                Identifier No.

                                                  204 ....................   Miscellaneous Amendments to Business Loan Programs and Surety Bond Guarantee Program .................                              3245–AF85
                                                  205 ....................   Disaster Loan Programs; Federal Flood Risk Management Standard ...........................................................          3245–AG77



                                                  SMALL BUSINESS ADMINISTRATION                                SMALL BUSINESS ADMINISTRATION                             regulations governing the program
                                                  (SBA)                                                        (SBA)                                                     should be amended in order to resolve
                                                                                                                                                                         certain issues that have arisen. As a
                                                  Prerule Stage                                                Proposed Rule Stage
                                                                                                                                                                         result, the proposed rule would
                                                  191. Small Business Size Standards;                          192. Small Business Development                           constitute a comprehensive revision of
                                                  Alternative Size Standard for 7(A), 504,                     Center Program Revisions                                  part 126 of SBA’s regulations to clarify
                                                  and Disaster Loan Programs                                      E.O. 13771 Designation: Other.                         current HUBZone Program regulations,
                                                                                                                  Legal Authority: 15 U.S.C. 634(b)(6);                  and implement various new procedures.
                                                     E.O. 13771 Designation: Other.                            15 U.S.C. 648                                             The amendments will make it easier for
                                                     Legal Authority: Pub. L. 111–240, sec.                       Abstract: Updates the Small Business                   participants to comply with the program
                                                  1116                                                         Development Center (SBDC) program                         requirements and enable them to
                                                                                                               regulations by proposing to amend: (1)                    maximize the benefits afforded by
                                                     Abstract: SBA will request public                                                                                   participation. In developing this
                                                  comment on options to amend its size                         Procedures for approving applications
                                                                                                               for new Host SBDCs; (2) approval                          proposed rule, SBA will focus on the
                                                  eligibility criteria for Business Loans,                                                                               principles of Executive Orders 12866,
                                                  certified development company (CDC)                          procedures for travel outside the
                                                                                                               continental U.S. and U.S. territories; (3)                13771 and 13563 to determine whether
                                                  loans under title V of the Small                                                                                       portions of regulations should be
                                                                                                               procedures and requirements regarding
                                                  Business Investment Act (504) and                                                                                      modified, streamlined, expanded or
                                                                                                               findings and disputes resulting from
                                                  economic injury disaster loans (EIDL).                       financial exams, programmatic reviews,                    repealed to make the HUBZone program
                                                  For the SBA 7(a) Business Loan Program                       accreditation reviews, and other SBA                      more effective and/or less burdensome
                                                  and the 504 program, the eventual                            oversight activities; (4) requirements for                on small business concerns. At the same
                                                  amendments will provide an alternative                       new or renewal applications for SBDC                      time, SBA will maintain a framework
                                                  size standard for loan applicants that do                    grants, including electronic submission                   that helps identify and reduce waste,
                                                  not meet the small business size                             through the approved electronic                           fraud, and abuse in the program.
                                                  standards for their industries. The Small                    Government submission facility; (5)                          Timetable:
                                                  Business Jobs Act of 2010 (Jobs Act)                         procedures regarding the determination
                                                  established alternative size standards                                                                                          Action            Date          FR Cite
                                                                                                               to affect suspension, termination or non-
                                                  that apply to both of these programs                         renewal of an SBDC’s cooperative                          NPRM ..................   05/00/18
                                                  until SBA’s Administrator establishes                        agreement; and (6) provisions regarding
                                                  other alternative size standards. For the                    the collection and use of the individual                 Regulatory Flexibility Analysis
                                                  disaster loan program, the amendments                        SBDC client data.                                      Required: Yes.
                                                  will provide an alternative size standard                       Timetable:                                            Agency Contact: Mariana Pardo,
                                                  for loan applicants that do not meet the                                                                            Director, Office of HUBZone, Small
                                                  Small Business Size Standard for their                            Action             Date               FR Cite     Business Administration, 409 Third
                                                  industries. SBA loan program                                 ANPRM .........        04/02/15            80 FR 17708
                                                                                                                                                                      Street SW, Washington, DC 20416,
                                                  alternative size standards do not affect                     ANPRM Com-                                             Phone: 202 205–2985, Fax: 202 481–
                                                  other Federal Government programs,                            ment Period                                           2675, Email: mariana.pardo@sba.gov.
                                                  including Federal procurement.                                End ............      06/01/15                          RIN: 3245–AG38
                                                                                                               NPRM ...........       07/00/18
                                                     Timetable:                                                                                                          194. Women-Owned Small Business
                                                                                                                                                                         and Economically Disadvantaged
                                                                                                                 Regulatory Flexibility Analysis
                                                          Action                 Date           FR Cite                                                                  Women-Owned Small Business-
                                                                                                               Required: Yes.
                                                                                                                                                                         Certification
                                                  ANPRM ...............         03/22/18    83 FR 12506          Agency Contact: Adriana Menchaca-
                                                  ANPRM Comment                 05/21/18                       Gendron, Associate Administrator for                        E.O. 13771 Designation: Other.
                                                   Period End.                                                 Small Business Development Centers,                         Legal Authority: Pub. L. 113–291, sec.
                                                  NPRM ..................       12/00/18                       Small Business Administration, 409                        825; 15 U.S.C. 637(m)
                                                                                                               Third Street SW, Washington, DC                             Abstract: Section 825 of the National
                                                                                                               20416, Phone: 202 205–6988, Email:                        Defense Authorization Act for Fiscal
                                                    Regulatory Flexibility Analysis
                                                                                                               adriana.menchaca-gendron@sba.gov.                         Year 2015 (NDAA), Public Law 113–
                                                  Required: Yes.
                                                                                                                 RIN: 3245–AE05                                          291, 128 Stat. 3292, Dec. 19, 2014,
                                                    Agency Contact: Dr. Khem Raj                                                                                         included language requiring that
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                                                  Sharma, Chief, Office of Size Standards,                     193. Small Business Hubzone Program                       women-owned small business concerns
                                                  Small Business Administration, 409                           and Government Contracting Programs                       and economically disadvantaged
                                                  Third Street SW, Washington, DC                                E.O. 13771 Designation: Other.                          women-owned small business concerns
                                                  20416, Phone: 202 205–7189, Fax: 202                           Legal Authority: 15 U.S.C. 657a                         are certified by a Federal agency, a State
                                                  205–6390, Email: khem.sharma@                                  Abstract: SBA has been reviewing its                    government, the Administrator, or
                                                  sba.gov.                                                     processes and procedures for                              national certifying entity approved by
                                                    RIN: 3245–AG16                                             implementing the HUBZone program                          the Administrator as a small business
                                                                                                               and has determined that several of the                    concern owned and controlled by


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                                                  27214                      Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda

                                                  women. This rule will propose the                         intends to request comment on various                    Agency Contact: Dr. Khem Raj
                                                  standards and procedures for                              proposed changes requested by industry                 Sharma, Chief, Office of Size Standards,
                                                  participation in this certification                       or other agencies, including those                     Small Business Administration, 409
                                                  program. This rule will also propose to                   pertaining to exclusions from                          Third Street SW, Washington, DC
                                                  revise the procedures for continuing                      calculating compliance with the                        20416, Phone: 202 205–7189, Fax: 202
                                                  eligibility, program examinations,                        limitations on subcontracting, an                      205–6390, Email: khem.sharma@
                                                  protest and appeals. The proposed                         agency’s ability to set aside orders under             sba.gov.
                                                  revisions will reflect public comments                    set-aside contracts, and a contracting                   RIN: 3245–AG88
                                                  that SBA received in response to the                      officer’s authority to request reports on
                                                                                                            a prime contractor’s compliance with                   197. Small Business Size Standards:
                                                  Advanced Notice of Proposed
                                                                                                            the limitations on subcontracting.                     Agriculture, Forestry, Fishing and
                                                  Rulemaking that the agency issued in
                                                                                                            Section 2108 of Public Law 114–88                      Hunting; Mining, Quarrying, and Oil
                                                  December 2016 to solicit feedback on
                                                                                                            provide agencies with double credit                    and Gas Extraction; Utilities;
                                                  implementation of the program. Finally,
                                                                                                            when they award to a local small                       Construction
                                                  SBA is planning to continue to utilize
                                                  new technology to improve its                             business in a disaster area.                              E.O. 13771 Designation: Other.
                                                  efficiency and decrease small business                      Timetable:                                              Legal Authority: 15 U.S.C. 632(a)
                                                  burdens, and therefore, the new                                                                                     Abstract: The Small Business Jobs Act
                                                  certification procedures will be based                           Action                Date         FR Cite      of 2010 (Jobs Act) requires SBA to
                                                  on an electronic application and                                                                                 conduct every five years a detailed
                                                                                                            NPRM ..................   05/00/18
                                                  certification process.                                                                                           review of all size standards and to make
                                                     Timetable:                                               Regulatory Flexibility Analysis                      appropriate adjustments to reflect
                                                                                                            Required: Yes.                                         market conditions. As part of the second
                                                         Action               Date           FR Cite          Agency Contact: Kenneth Dodds,                       five-year review of size standards under
                                                                                                            Director, Office of Policy, Planning and               the Jobs Act, in this proposed rule, SBA
                                                  ANPRM ...............      12/18/15     80 FR 78984                                                              will evaluate each industry that has a
                                                  ANPRM Comment              02/16/16                       Liaison, Small Business Administration,
                                                                                                            409 Third Street SW, Washington, DC                    receipts-based standard in North
                                                   Period End.
                                                                                                            20416, Phone: 202 619–1766, Fax: 202                   American Industry Classification
                                                  NPRM ..................    05/00/18
                                                                                                            481–2950, Email: kenneth.dodds@                        System (NAICS) Sector 11 (Agriculture,
                                                    Regulatory Flexibility Analysis                         sba.gov.                                               Forestry, Fishing and Hunting), Sector
                                                  Required: Yes.                                              RIN: 3245–AG86                                       21 (Mining, Quarrying, and Oil and Gas
                                                    Agency Contact: Kenneth Dodds,                                                                                 Extraction), Sector 22 (Utilities), and
                                                                                                            196. Small Business Size Standards:                    Sector 23 (Construction), and make
                                                  Director, Office of Policy, Planning and                  Educational Services; Health Care and
                                                  Liaison, Small Business Administration,                                                                          necessary adjustments to size standards
                                                                                                            Social Assistance; Arts, Entertainment                 in these sectors. This is one of a series
                                                  409 Third Street SW, Washington, DC                       and Recreation; Accommodation and
                                                  20416, Phone: 202 619–1766, Fax: 202                                                                             of proposed rules that will examine
                                                                                                            Food Services; Other Services                          groups of NAICS sectors. SBA will
                                                  481–2950, Email: kenneth.dodds@
                                                  sba.gov.                                                     E.O. 13771 Designation: Other.                      apply its Size Standards Methodology to
                                                    RIN: 3245–AG75                                             Legal Authority: 15 U.S.C. 632(a)                   this proposed rule.
                                                                                                               Abstract: The Small Business Jobs Act                  Timetable:
                                                  195. National Defense Authorization                       of 2010 (Jobs Act) requires SBA to
                                                  Acts of 2016 and 2017, Rise After                         conduct every five years a detailed                             Action            Date      FR Cite
                                                  Disaster Act of 2015, and Other Small                     review of all size standards and to make
                                                  Business Government Contracting                           appropriate adjustments to reflect                     NPRM ..................   09/00/18
                                                  Amendments                                                market conditions. As part of the second
                                                                                                            five-year review of size standards under                 Regulatory Flexibility Analysis
                                                    E.O. 13771 Designation: Other.                                                                                 Required: Yes.
                                                    Legal Authority: 15 U.S.C. 637(d)(17);                  the Jobs Act, in this proposed rule, SBA
                                                                                                            will evaluate size standards for all                     Agency Contact: Dr. Khem Raj
                                                  Pub. L. 114–328, sec. 1811, sec. 1821;                                                                           Sharma, Chief, Office of Size Standards,
                                                  Pub. L. 114–92, sec. 863; Pub. L. 114–                    industries in North American Industry
                                                                                                            Classification System (NAICS) Sector 61                Small Business Administration, 409
                                                  88, sec. 2108                                                                                                    Third Street SW, Washington, DC
                                                    Abstract: Section 1811 of the of the                    (Educational Services), Sector 62
                                                                                                            (Health Care and Social Assistance),                   20416, Phone: 202 205–7189, Fax: 202
                                                  National Defense Authorization Act                                                                               205–6390, Email: khem.sharma@
                                                  (NDAA) for Fiscal Year 2017, Public                       Sector 71 (Arts, Entertainment and
                                                                                                            Recreation), Sector 72 (Accommodation                  sba.gov.
                                                  Law 114–328, Dec. 23, 2016, (NDAA) of                                                                              RIN: 3245–AG89
                                                  2017 limits the scope of review of                        and Food Services), and Sector 81
                                                  Procurement Center Representatives for                    (Other Services) and make necessary                    198. Small Business Size Standards:
                                                  certain Department of Defense                             adjustments to size standards in these                 Transportation and Warehousing;
                                                  procurements performed outside of the                     sectors. This is one of a series of                    Information; Finance and Insurance;
                                                  United States. Section 1821 of the                        proposed rules that will examine groups                Real Estate and Rental and Leasing
                                                  NDAA of 2017 establishes that failure to                  of NAICS sectors. SBA will apply its
                                                                                                                                                                      E.O. 13771 Designation: Other.
                                                  act in good faith in providing timely                     Size Standards Methodology to this                        Legal Authority: 15 U.S.C. 632(a)
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                                                  subcontracting reports shall be                           proposed rule.                                            Abstract: The Small Business Jobs Act
                                                                                                               Timetable:
                                                  considered a material breach of the                                                                              of 2010 (Jobs Act) requires SBA to
                                                  contract. Section 863 of the NDAA for                            Action                Date         FR Cite      conduct every five years a detailed
                                                  FY 2016, Public Law 114–92, Nov. 25,                                                                             review of all size standards and to make
                                                  2015, establishes procedures for the                      NPRM ..................   09/00/18                     appropriate adjustments to reflect
                                                  publication of acquisition strategies if                                                                         market conditions. As part of the second
                                                  the acquisition involves consolidation                      Regulatory Flexibility Analysis                      five-year review of size standards under
                                                  or substantial bundling. SBA also                         Required: Yes.                                         the Jobs Act, in this proposed rule, SBA


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                                                                             Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda                                                   27215

                                                  will evaluate each industry that has a                      Agency Contact: Dr. Khem Raj                            Timetable:
                                                  receipts-based standard in North                          Sharma, Chief, Office of Size Standards,
                                                  American Industry Classification                          Small Business Administration, 409                              Action            Date        FR Cite
                                                  System (NAICS) Sector 48–49                               Third Street SW, Washington, DC
                                                  (Transportation and Warehousing),                         20416, Phone: 202 205–7189, Fax: 202                   NPRM ..................   06/00/18
                                                  Sector 51 (Information), Sector 52                        205–6390, Email: khem.sharma@
                                                  (Finance and Insurance), and Sector 53                    sba.gov.                                                 Regulatory Flexibility Analysis
                                                  (Real Estate and Rental and Leasing) and                    RIN: 3245–AG91                                       Required: Yes.
                                                  make necessary adjustments to size                                                                                 Agency Contact: Linda Reilly, Chief,
                                                                                                            200. • Streamlining and Modernizing                    504 Loan Program, Small Business
                                                  standards in these sectors. This is one                   Certified Development Company
                                                  of a series of proposed rules that will                                                                          Administration, 409 Third Street SW,
                                                                                                            Program (504 Loan Program) Corporate                   Washington, DC 20416, Phone: 202 205–
                                                  examine groups of NAICS sectors. SBA                      Governance Requirements
                                                  will apply its Size Standards                                                                                    9949, Email: linda.reilly@sba.gov.
                                                  Methodology to this proposed rule.                          E.O. 13771 Designation: Other.                         RIN: 3245–AG98
                                                    Timetable:                                                Legal Authority: 15 U.S.C. 695 et seq.
                                                                                                              Abstract: On August 15, 2017, the
                                                         Action               Date           FR Cite        U.S. Small Business Administration
                                                                                                            (SBA) published a request for                          SMALL BUSINESS ADMINISTRATION
                                                  NPRM ..................    09/00/18                       information seeking input from the                     (SBA)
                                                                                                            public on SBA regulations that should                  Final Rule Stage
                                                    Regulatory Flexibility Analysis                         be repealed, replaced, or modified
                                                  Required: Yes.                                            because they are obsolete, unnecessary,                202. Small Business Timber Set-Aside
                                                    Agency Contact: Dr. Khem Raj                            ineffective, or burdensome (82 FR                      Program
                                                  Sharma, Chief, Office of Size Standards,                  38617). As a part of that initiative, SBA
                                                  Small Business Administration, 409                                                                                 E.O. 13771 Designation: Regulatory.
                                                                                                            intends to conduct a review of its
                                                  Third Street SW, Washington, DC                                                                                    Legal Authority: 15 U.S.C. 631; 15
                                                                                                            existing regulations to identify ways to
                                                  20416, Phone: 202 205–7189, Fax: 202                                                                             U.S.C. 644(a)
                                                                                                            improve and streamline the corporate
                                                  205–6390, Email: khem.sharma@                             governance requirements in the 504                       Abstract: The U.S. Small Business
                                                  sba.gov.                                                  loan program. SBA intends to issue a                   Administration (SBA or Agency) is
                                                    RIN: 3245–AG90                                          proposed rule reflecting these changes                 amending its Small Business Timber
                                                                                                            in Fiscal Year 2018.                                   Set-Aside Program (the Program)
                                                  199. Small Business Size Standards:                                                                              regulations. The Small Business Timber
                                                  Professional, Scientific and Technical                      Timetable:
                                                                                                                                                                   Set-Aside Program is rooted in the
                                                  Services; Management of Companies                                                                                Small Business Act, which tasked SBA
                                                                                                                   Action                Date         FR Cite
                                                  and Enterprises; Administrative and                                                                              with ensuring that small businesses
                                                  Support, Waste Management and                             NPRM ..................   06/00/18                     receive a fair proportion of the total
                                                  Remediation Services                                                                                             sales of government property.
                                                     E.O. 13771 Designation: Other.                           Regulatory Flexibility Analysis                      Accordingly, the Program requires
                                                     Legal Authority: 15 U.S.C. 632(a)                      Required: Yes.                                         Timber sales to be set aside for small
                                                     Abstract: The Small Business Jobs Act                    Agency Contact: Linda Reilly, Chief,                 business when small business
                                                  of 2010 (Jobs Act) requires SBA to                        504 Loan Program, Small Business                       participation falls below a certain
                                                  conduct every five years a detailed                       Administration, 409 Third Street SW,                   amount. SBA considered comments
                                                  review of all size standards and to make                  Washington, DC 20416, Phone: 202 205–                  received during the Advance Notice of
                                                  appropriate adjustments to reflect                        9949, Email: linda.reilly@sba.gov.                     Proposed Rulemaking and Notice of
                                                  market conditions. As part of the second                    RIN: 3245–AG97
                                                                                                                                                                   Proposed Rulemaking processes,
                                                  five-year review of size standards under                  201. • Streamlining and Modernizing                    including on issues such as, but not
                                                  the Jobs Act, in this proposed rule, SBA                  The 7(A), Microloan, and 504 Loan                      limited to, whether the saw timber
                                                  will evaluate each industry that has a                    Programs To Reduce Unnecessary                         volume purchased through stewardship
                                                  receipts-based standard in North                          Regulatory Burden                                      timber contracts should be included in
                                                  American Industry Classification                                                                                 calculations, and whether the appraisal
                                                  System (NAICS) Sector 54 (Professional,                     E.O. 13771 Designation: Other.
                                                                                                              Legal Authority: 15 U.S.C. 636(a); 15                point used in set-aside sales should be
                                                  Scientific and Technical Services),                                                                              the nearest small business mill. In
                                                                                                            U.S.C. 636(m); 15 U.S.C. 695 et seq.
                                                  Sector 55 (Management of Companies                          Abstract: On August 15, 2017, the                    addition, SBA is considering data from
                                                  and Enterprises), and Sector 56                           U.S. Small Business Administration                     the timber industry to help evaluate the
                                                  (Administrative and Support, Waste                        (SBA) published a request for                          current program and economic impact
                                                  Management and Remediation Services)                      information seeking input from the                     of potential changes.
                                                  and make necessary adjustments to size                    public on SBA regulations that should                    Timetable:
                                                  standards in these sectors. This is one                   be repealed, replaced, or modified
                                                  of a series of proposed rules that will                   because they are obsolete, unnecessary,                         Action            Date        FR Cite
                                                  examine groups of NAICS sectors. SBA                      ineffective, or burdensome (82 FR
                                                  will apply its Size Standards                             38617). SBA reviewed all comments
                                                                                                                                                                   ANPRM ...............     03/25/15   80 FR 15697
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                                                  Methodology to this proposed rule.                                                                               ANPRM Comment             05/26/15
                                                                                                            received regarding the 7(a), Microloan,                  Period End.
                                                     Timetable:
                                                                                                            and 504 loan programs and is                           NPRM ..................   09/27/16   81 FR 66199
                                                         Action               Date           FR Cite        conducting a review of its existing                    NPRM Comment              11/28/16
                                                                                                            regulations to identify ways to improve                  Period End.
                                                  NPRM ..................    09/00/18                       and streamline regulations and lower                   Final Rule ............   08/00/18
                                                                                                            costs. SBA intends to issue a proposed
                                                    Regulatory Flexibility Analysis                         rule reflecting these changes in Fiscal                  Regulatory Flexibility Analysis
                                                  Required: Yes.                                            Year 2018.                                             Required: Yes.


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                                                  27216                      Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda

                                                    Agency Contact: David W. Loines,                        20416, Phone: 202 619–1766, Fax: 202                   currently in effect in the Prior Approval
                                                  Area Director, Office of Government                       481–2950, Email: kenneth.dodds@                        Program.
                                                  Contracting, Small Business                               sba.gov.                                                 Completed:
                                                  Administration, 409 Third Street SW,                        RIN: 3245–AG85
                                                  Washington, DC 20416, Phone: 202 205–                                                                                  Reason               Date        FR Cite
                                                  7311, Email: david.loines@sba.gov.
                                                    RIN: 3245–AG69                                                                                                 Final Rule ............   08/21/17   82 FR 39491
                                                                                                            SMALL BUSINESS ADMINISTRATION                          Final Rule Effec-         09/20/17
                                                  203. Ownership and Control of Service-                    (SBA)                                                    tive.
                                                  Disabled Veteran-Owned Small
                                                                                                            Completed Actions
                                                  Business Concerns                                                                                                  Regulatory Flexibility Analysis
                                                     E.O. 13771 Designation: Other.                         204. Miscellaneous Amendments to                       Required: Yes.
                                                     Legal Authority: Pub. L. 114–328, sec.                 Business Loan Programs and Surety                        Agency Contact: Dianna L. Seaborn,
                                                  1832, sec. 1835                                           Bond Guarantee Program                                 Phone: 202 205–3645, Email:
                                                     Abstract: Section 1832 of the National                   E.O. 13771 Designation: Deregulatory.                dianna.seaborn@sba.gov.
                                                  Defense Authorization Act for Fiscal                        Legal Authority: 15 U.S.C. 636(a); 15                  RIN: 3245–AF85
                                                  Year 2017 (NDAA), Public Law 114–                         U.S.C. 694(b)                                          205. Disaster Loan Programs; Federal
                                                  328, Dec. 23, 2016, provides for a                          Abstract: Certain lenders have been
                                                                                                                                                                   Flood Risk Management Standard
                                                  government-wide, uniform definition of                    delegated the authority to make loan
                                                  a small business concern owned and                        decisions without prior approval from                     E.O. 13771 Designation: Not subject
                                                  controlled by a service-disabled veteran.                 SBA under certain circumstances. SBA                   to, not significant.
                                                  Section 1835 requires the Small                           has formalized such delegated                             Legal Authority: 15 U.S.C. 634(b)(6);
                                                  Business Administration (SBA) and the                     authorities in this rule. The rule makes               E.O. 11988
                                                  Department of Veterans Affairs (VA) to                    several minor modifications to the 504                    Abstract: Due to the revocation of
                                                  issue guidance, not later than 180 days                   Loan Program and governance rules for                  Executive Order 11988, SBA is
                                                  after the date of enactment of the NDAA                   Certified Development Company (CDC)                    withdrawing this rule which would
                                                  of 2017. The rule will amend SBA’s                        in a follow-on to the Final Rule: 504 and              have described which disaster loans
                                                  regulations to create a uniform                           7(a) Loan Program Updates (March 21,                   were to be subject to federal flood risk
                                                  definition of a small business owned                      2014). The rule also aligns terminology                managements standards. It would have
                                                  and controlled by a service-disabled                      for 7(a) lenders that are federally                    applied to disaster loans that met one of
                                                  veteran to be used for purposes of                        regulated to synchronize with existing                 the following conditions: (1) SBA funds
                                                  eligibility for government procurements                   industry requirements. SBA is also                     used for total real estate reconstruction
                                                  by agencies other than the VA under the                   making several other miscellaneous                     at the damaged site that is located in the
                                                  authority of 15 U.S.C. 657f, and by the                   amendments to improve oversight and                    Special Flood Hazard Area (SFHA); (2)
                                                  VA for VA procurements in accordance                      operations of its finance programs.                    SBA funds used for new real estate
                                                  with 38 U.S.C. 8127. These changes will                     This rule makes four changes to the                  construction at a relocation site that is
                                                  include addressing ownership by an                        Surety Bond Guarantee (SBG) Program.                   located in the SFHA; or (3) SBA funds
                                                  employee stock ownership plan (ESOP)                      The first changes the threshold for                    used for code required elevation at the
                                                  and ownership and control by a                            notification to SBA of changes in the                  damaged site that is located in the
                                                  surviving spouse.                                         contract or bond amount. Second, the                   SFHA.
                                                     Timetable:                                             change requires sureties to submit                        Completed:
                                                                                                            quarterly contract completion reports.
                                                         Action               Date           FR Cite        Third, SBA is increasing the eligible                        Reason               Date        FR Cite
                                                                                                            contract limit for the Quick Bond
                                                  NPRM ..................    01/29/18     83 FR 4005                                                               Withdrawn ...........     03/26/18
                                                  Comment Period             03/30/18                       Application and Agreement from
                                                    End.                                                    $250,000 to $400,000. Finally, the rule
                                                                                                            increases the guarantee percentage in                    Regulatory Flexibility Analysis
                                                  Final Rule ............    07/00/18
                                                                                                            the Preferred Surety Bond program to                   Required: Yes.
                                                    Regulatory Flexibility Analysis                         reflect the statutory change made by the                 Agency Contact: Alejandro Contreras,
                                                  Required: Yes.                                            National Defense Authorization Act of                  Phone: 202 205–6674, Email:
                                                    Agency Contact: Kenneth Dodds,                          2016. The guarantee percentage                         alejandro.contreras@sba.gov.
                                                  Director, Office of Policy, Planning and                  increases from 70 percent to 80 percent                  RIN: 3245–AG77
                                                  Liaison, Small Business Administration,                   or 90 percent, depending on contract                   [FR Doc. 2018–11293 Filed 6–8–18; 8:45 am]
                                                  409 Third Street SW, Washington, DC                       size and socioeconomic factors                         BILLING CODE 8025–01–P
daltland on DSKBBV9HB2PROD with PROPOSALS4




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Document Created: 2018-11-02 11:58:14
Document Modified: 2018-11-02 11:58:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionUnknown Section
ActionSemiannual regulatory agenda.
ContactGeneral
FR Citation83 FR 27212 

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