<DOC>
[November 24, 2008 (Volume 73, Number 227)]
[Unified Agenda]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID: f:ua081115.wais]

[Page 71448-71451]


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

Part XVI





Small Business Administration





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



Semiannual Regulatory Agenda

[[Page 71448]]

SMALL BUSINESS ADMINISTRATION (SBA)

_______________________________________________________________________

SMALL BUSINESS ADMINISTRATION

13 CFR Ch. I

Semiannual Regulatory Agenda

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

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: The Regulatory Flexibility Act (RFA) and Executive Order 12866 
require each agency to publish semiannually a regulatory agenda 
(agenda) that includes an inventory of all current and projected 
rulemakings, including regulations the agency expects to develop during 
the next 12 months and regulations completed since the last publication 
of the agency's agenda. SBA is publishing this agenda to provide the 
public with notice about SBA's regulatory activities and to provide 
specific information about those activities. This information will 
promote the public's participation in SBA's regulatory activities.

FOR FURTHER INFORMATION CONTACT: For additional information about 
specific regulatory actions listed in the agenda, you should direct 
your comments and inquiries to the appropriate agency contact 
identified in each entry. For general information about the agenda, you 
should direct your comments or inquiries to Martin ``Sparky'' Conrey, 
Assistant General Counsel for Legislation and Appropriations, U.S. 
Small Business Administration, 409 Third Street SW., Washington, DC 
20416, (202) 619-0638, martin.conrey@sba.gov.

SUPPLEMENTARY INFORMATION: This agenda announces the proposed 
regulatory actions that SBA plans for the next 12 months and those that 
were completed since the spring 2008 edition of the agenda. As 
permitted by law, SBA is combining the publication of its agenda as 
required by statute and Executive order and conforming them to the 
Unified Agenda of Federal Regulatory and Deregulatory Actions format 
developed by the Regulatory Information Service Center.

     The purpose of the agenda is to provide information to the 
public on regulations currently under review, being proposed, 
completed, or withdrawn by SBA. Accordingly, rulemaking action in 
SBA's agenda is grouped according to its stage of development. The 
stages of development are pre-rulemaking, proposed rules, final 
rules, and rulemaking actions completed since the spring 2008 
agenda. The agenda is intended to facilitate comments and views by 
interested members of the public. SBA encourages public 
participation in its rulemaking process through various mediums 
including www.regulations.gov. This website allows SBA to place 
rules on the website and receive public comments through that 
medium. SBA also provides a link from www.sba.gov to that website.

     SBA's regulations promote statutory mandates and Presidential 
directives linked to SBA's goals to improve the economic 
environment for small business, increase small business success by 
bridging competitive opportunity gaps, restore homes and businesses 
affected by disaster, and to operate and manage SBA's programs and 
resources efficiently and effectively.

     Publication of proposed rulemaking actions in the agenda does 
not impose any obligation on SBA to take any final action with 
regard to any specific item. Furthermore, SBA is not precluded from 
rulemaking activities that are not listed in this agenda. The dates 
listed in the timetables for specific actions are estimates and not 
commitments to act on or by the particular date.

     For this edition of the SBA's regulatory agenda, the most 
important significant regulatory actions and a Statement of 
Regulatory Priorities are included in The Regulatory Plan, which 
appears in both the online Unified Agenda and in part II of the 
Federal Register that includes the Unified Agenda.

     Beginning with the fall 2007 edition, the Internet will be the 
basic means for disseminating the Unified Agenda. The complete 
Unified Agenda will be available online at www.reginfo.gov, in a 
format that offers users a greatly enhanced ability to obtain 
information from the Agenda database.

     Because publication in the Federal Register is mandated for 
the regulatory flexibility agendas required by the Regulatory 
Flexibility Act (5 U.S.C. 602), SBA's printed agenda entries 
include only rules that are in the Agency's regulatory flexibility 
agenda, in accordance with the Regulatory Flexibility Act, because 
they are likely to have a significant economic impact on a 
substantial number of small entities.

     Printing of these entries is limited to fields that contain 
information required by the Regulatory Flexibility Act's Agenda 
requirements. Additional information on these entries is available 
in the Unified Agenda published on the Internet. In addition, for 
fall editions of the Agenda, the entire Regulatory Plan will 
continue to be printed in the Federal Register, as in past years, 
including SBA's regulatory plan.

 Sandy K. Baruah,

Acting Administrator.

                               Small Business Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
424         Small Business Development Centers (SBDC) Program Revisions...........................    3245-AE05
425         8(a) Business Development/Small Disadvantaged Business Status Determinations..........    3245-AF53
426         Small Business Size Standards; Calculation of the Number of Employees.................    3245-AF60
427         Small Business Size Standards: Retail Trade Industries................................    3245-AF69
428         Small Business Size Standards: Other Services.........................................    3245-AF70
429         Small Business Size Standards: Accommodations and Food Service Industries.............    3245-AF71
----------------------------------------------------------------------------------------------------------------


[[Page 71449]]


                                 Small Business Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
430         Lender Oversight Program (Reg Plan Seq No. 112).......................................    3245-AE14
431         Small Business Size Standards; Support Activities for Air Transportation..............    3245-AF29
432         Definition of ``Employee'' for Purposes of the HUBZone Program........................    3245-AF44
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                                Small Business Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
433         Women-Owned Small Business Federal Contract Assistance Procedures.....................    3245-AF40
434         Small Business Size Standards; Inflation Adjustment...................................    3245-AF41
435         Small Business Size Standards for the Fuel Dealers Industries.........................    3245-AF67
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________
Small Business Administration (SBA)                 Proposed Rule Stage

_______________________________________________________________________

424. SMALL BUSINESS DEVELOPMENT CENTERS (SBDC) PROGRAM REVISIONS

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

Abstract: This rule would propose amendments to SBA's SBDC program 
regulations for the purpose of conforming the regulations to existing 
statutory requirements. This rule would amend: (1) Procedures for 
approving and funding of SBDCs; (2) approval procedures for travel 
outside the continental U.S. and U.S. territories; (3) procedures and 
requirements regarding findings and disputes resulting from financial 
exams, programmatic reviews, accreditation reviews, and other SBA 
oversight activities; (4) requirements for new and renewal applications 
for SBDC awards, including the requirements for electronic submission 
through the approved electronic Government submission facility; and (5) 
provisions regarding the collection and use of individual SBDC client 
data.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Antonio Doss, Director, Office of Small Business 
Development Centers, Small Business Administration, 409 Third Street 
SW, Washington, DC 20416
Phone: 202 205-6766
Email: antonio.doss@sba.gov

RIN: 3245-AE05
_______________________________________________________________________

425. 8(A) BUSINESS DEVELOPMENT/SMALL DISADVANTAGED BUSINESS STATUS 
DETERMINATIONS

Legal Authority: 15 USC 637 (b) (6), 636 (j), 637 (2), 637 (d)

Abstract: This rule proposes to make a number of changes to the 
regulations governing the 8(a) BD and SDB programs, and several changes 
to SBA's size regulations. Some of the changes involve technical 
issues. Other changes are more substantive and result from SBA's 
experience in implementing the current regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Joe Loddo, Director, Office of Business Development, 
Small Business Administration, 409 3rd Street SW, Washington, DC 20416
Phone: 202 205-7550
Email: joe.loddo@sba.gov

RIN: 3245-AF53
_______________________________________________________________________

426. SMALL BUSINESS SIZE STANDARDS; CALCULATION OF THE NUMBER OF 
EMPLOYEES

Legal Authority: 15 USC 632

Abstract: The U.S. Small Business Administration proposes a technical 
change to the manner in which it calculates the number of employees to 
determine a firm's small business size status by revising the method 
for calculating an average number of employees. The current method uses 
a rolling average of the pay periods over the preceding 12 months.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/27/07                    72 FR 41239
NPRM Comment Period End         09/25/07
Second NPRM                     06/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Gary M. Jackson, Division Chief, Division of Size 
Standards, Office of Government Contracting/Business Development, Small 
Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6618
Fax: 202 205-6390
Email: gary.jackson@sba.gov

RIN: 3245-AF60

[[Page 71450]]

_______________________________________________________________________

427. SMALL BUSINESS SIZE STANDARDS: RETAIL TRADE INDUSTRIES

Legal Authority: 15 USC 632(a)

Abstract: A U.S. Small Business Administration project is the review of 
all SBA size standards over a 2-year period. This proposed rule is one 
of a series of proposals evaluating the size standards for industries 
within a specific North American Industry Classification System (NAICS) 
Industry Sector. This action proposes revisions to certain industries 
in the NAICS Retail Trade Industry Sector. These proposed revisions 
ensure that SBA's size standards are consistently evaluated using the 
latest available data.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Gary M. Jackson, Division Chief, Division of Size 
Standards, Office of Government Contracting/Business Development, Small 
Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6618
Fax: 202 205-6390
Email: gary.jackson@sba.gov

RIN: 3245-AF69
_______________________________________________________________________

428. SMALL BUSINESS SIZE STANDARDS: OTHER SERVICES

Legal Authority: 15 USC 632(a)

Abstract: A U.S. Small Business Administration project is the review of 
all SBA size standards over a 2-year period. This proposed rule is one 
of a series of proposals evaluating the size standards for industries 
within a specific North American Industry Classification System (NAICS) 
Industry Sector. This action proposes revisions to certain industries 
in the NAICS Other Services Industry Sector. These proposed revisions 
ensure that SBA's size standards are consistently evaluated using the 
latest available data.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Gary M. Jackson, Division Chief, Division of Size 
Standards, Office of Government Contracting/Business Development, Small 
Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6618
Fax: 202 205-6390
Email: gary.jackson@sba.gov

RIN: 3245-AF70
_______________________________________________________________________

429. SMALL BUSINESS SIZE STANDARDS: ACCOMMODATIONS AND FOOD SERVICE 
INDUSTRIES

Legal Authority: 15 USC 632(a)

Abstract: A U.S. Small Business Administration project is a review of 
all SBA size standards over a 2-year period. This proposed rule is one 
of a series of proposals evaluating the size standards for industries 
within a specific North American Industry Classification System (NAICS) 
Industry Sector. This action proposes revisions to certain industries 
in the NAICS Accommodations and Food Services Industry Sector. These 
proposed revisions ensure that SBA's size standards are consistently 
evaluated using the latest available data.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Gary M. Jackson, Division Chief, Division of Size 
Standards, Office of Government Contracting/Business Development, Small 
Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6618
Fax: 202 205-6390
Email: gary.jackson@sba.gov

RIN: 3245-AF71
_______________________________________________________________________
Small Business Administration (SBA)                    Final Rule Stage

_______________________________________________________________________

430. LENDER OVERSIGHT PROGRAM

 Regulatory Plan: This entry is Seq. No. 112 in part II of this issue 
of the Federal Register.

RIN: 3245-AE14
_______________________________________________________________________

431. SMALL BUSINESS SIZE STANDARDS; SUPPORT ACTIVITIES FOR AIR 
TRANSPORTATION

Legal Authority: 15 USC 632(a)

Abstract: This rule revises the $6.5 million small business size 
standard applicable to airport operations and other support activities 
for air transportation. This rule was developed after an internal 
review conducted by SBA suggested that the size standard did not 
reflect the structural characteristics of firms in this industry.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/17/06                    71 FR 28604
NPRM Comment Period End         06/16/06
Final Action                    12/00/08

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Gary M. Jackson, Division Chief, Division of Size 
Standards, Office of Government Contracting/Business Development, Small 
Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6618
Fax: 202 205-6390
Email: gary.jackson@sba.gov

RIN: 3245-AF29
_______________________________________________________________________

432. DEFINITION OF ``EMPLOYEE'' FOR PURPOSES OF THE HUBZONE PROGRAM

Legal Authority: 15 USC 657 (a)

Abstract: The purpose of this final rule is to amend the definition of 
``employee'' under 13 CFR 126.103. The definition of ``employee'' in 
part 126 is relevant to SBA's determination of whether a concern is 
eligible for certification as a HUBZone small business concern. On May 
13, 2004, SBA issued an Advance Notice of Proposed Rulemaking 
requesting

[[Page 71451]]

comments on, among other things, specific issues related to the 
definition of ``employee,'' including the status of part-time, leased, 
and temporary employees, and the use of the term ``full-time 
equivalent'' in the definition of ``employee.'' After careful 
consideration of the comments received, SBA has decided to amend the 
definition of ``employee'' to reflect current business operations, 
market conditions, and personnel practices within the small business 
community.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/26/07                     72 FR 3750
NPRM Comment Period End         02/26/07
Final Action                    08/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Mariana Pardo, Acting Director, Office of Hubzone, 
Small Business Administration, 409 3rd Street SW, Washington, DC 20416
Phone: 202 205-2985
Email: mariana.pardo@sba.gov

RIN: 3245-AF44
_______________________________________________________________________
Small Business Administration (SBA)                   Completed Actions

_______________________________________________________________________

433. WOMEN-OWNED SMALL BUSINESS FEDERAL CONTRACT ASSISTANCE PROCEDURES

Legal Authority: 15 USC 637(m); 15 USC 637(d)

Abstract: On December 27, 2007, the U.S. Small Business Administration 
(``SBA'') published in the Federal Register a proposed rule with 
request for comments to amend its regulations in accordance with 
section 8(m) of the Small Business Act, 15 U.S.C. section 637(m). This 
rule establishes regulations to implement procedures to increase 
Federal procurement opportunities for Women-Owned Small Businesses 
(``WOSBs''). More specifically, this rule authorizes contracting 
officers to restrict competition to eligible WOSBs for Federal 
contracts not exceeding $3 million ($5 million for manufacturing) in 
certain industries in which WOSBs are underrepresented or substantially 
underrepresented and in which the procuring agency has determined that 
the set-aside would satisfy constitutional requirements. The rule also 
sets forth the standards for determining the eligibility of a concern 
as a WOSB or economically disadvantaged WOSB (``EDWOSB'') and would 
require any firm receiving a contract to be certified as a ``small 
business concern owned and controlled by women`` as defined in section 
3(n) of the Small Business Act, 15 U.S.C. section 632(n). The rule also 
establishes standards for eligibility examinations and protest 
procedures, as well as identify the penalties that can be imposed for a 
concern's misrepresentation of its status as an EDWOSB or WOSB. Lastly, 
the rule makes the relevant conforming amendments to SBA's current 
procurement and appeal procedure regulations.

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Final Action                    10/01/08                    73 FR 56940

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Linda Korbol
Phone: 202 205-7341
Fax: 202 481-1540
Email: linda.korbol@sba.gov.

RIN: 3245-AF40
_______________________________________________________________________

434. SMALL BUSINESS SIZE STANDARDS; INFLATION ADJUSTMENT

Legal Authority: 15 USC 632(a)

Abstract: SBA adjusted its monetary-based size standards (e.g., 
receipts, net income, net worth, and financial assets) for the effect 
of inflation that has occurred since the last inflation adjustment in 
February 2002. Since the last inflation adjustment, the general level 
of prices has increased 8.7 percent. This action restored small 
business eligibility to businesses that have lost that status due to 
inflation. In addition, this rule changed the process for determining 
the size of small business concerns applying for SBA Business Loans and 
Economic Injury Disaster Loans (EIDL) from a test considering only the 
primary industry of the applicant to a two-part test to consider also 
the primary industry of the applicant with affiliates. This rule also 
changed the date on which SBA determined the size status for purpose of 
EIDL applications for businesses located in disaster areas declared as 
a result of Hurricanes Katrina, Rita, and Wilma.

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Final Action                    07/18/08                    73 FR 41237

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Gary M. Jackson
Phone: 202 205-6618
Fax: 202 205-6390
Email: gary.jackson@sba.gov

RIN: 3245-AF41
_______________________________________________________________________

435. SMALL BUSINESS SIZE STANDARDS FOR THE FUEL DEALERS INDUSTRIES

Legal Authority: 15 USC 632(a)

Abstract: This rule replaced the receipts based size standard for two 
fuel dealers industries with an employee-based size standard. The 
industries are Heating Oil Dealers (NAICS 454311) and Liquefied 
Petroleum Gas (Bottled Gas) Dealers (454312). Petroleum prices have 
fluctuated greatly over the past several years and continued volatility 
is expected in the future. Because of the uncertain price fluctuations 
of petroleum, adopting an employee size standard will create a more 
stable size standard.

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Final Action                    07/22/08                    73 FR 42517

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Gary M. Jackson
Phone: 202 205-6618
Fax: 202 205-6390
Email: gary.jackson@sba.gov

RIN: 3245-AF67
[FR Doc. E8-21243 Filed 11-21-08; 8:45 am]
BILLING CODE 8025-01-S