Monday, 

December 20, 2010 

Part XVII 

Small Business 

Administration 

Semiannual Regulatory Agenda 


jlentini on DSKJ8SOYB1PROD with PROPOSALS20
79864 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 

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: This Regulatory Agenda is a 

semiannual summary of all current and 

projected rulemakings, existing 

regulations, and completed actions of 

the Small Business Administration 

(SBA). This agenda provides the public 

with information about SBA’s regulatory 

activity. SBA expects that this 

information will enable the public to be 

more aware of, and effectively 

participate in, the SBA’s regulatory 

activity. 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 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. 

Specific 

Please direct specific comments and 

inquiries on individual regulatory 

activities identified in this agenda to the 

person listed in the summary of the 

regulation as the point of contact for 

that regulation. 

SUPPLEMENTARY INFORMATION: 

SBA provides this notice under the 

requirements of the Regulatory 

Flexibility Act, 5 U.S.C. sections 601 to 

612 and Executive Order 12866, 

‘‘Regulatory Planning and Review,’’ 

which require each agency to publish a 

semiannual agenda of regulations. The 

regulatory agenda is a summary of all 

current and projected rulemakings, as 

well as actions completed since the 

publication of the last regulatory agenda 

for the agency. The semiannual agenda 

of the SBA conforms to the Unified 

Agenda format developed by the 

Regulatory Information Service Center. 

SBA’s last semiannual regulatory 

agenda was published on April 26, 

2010, at 75 FR 21890. 

Beginning in fall 2007, the Internet 

became the basic means for 

disseminating the Unified Agenda. The 

complete Unified Agenda will be 

available online at www.reginfo.gov. 

As part of the Unified Agenda, federal 

agencies are also required to prepare a 

Regulatory Plan of the most important 

significant regulatory actions that the 

agency reasonably expects to issue in 

proposed or final form in that fiscal 

year. As in past years, for fall editions 

of the Unified Agenda, the entire 

regulatory plan, including SBA’s 

regulatory plan, is printed in the Federal 

Register. 

The Regulatory Flexibility Act 

requires federal agencies to publish 

their regulatory flexibility agenda in the 

Federal Register. A regulatory flexibility 

agenda shall contain, among other 

things, ‘‘a brief description of the 

subject area of any rule, which is likely 

to have a significant economic impact 

on a substantial number of small 

entities.’’ SBA’s printed agenda entries 

include regulatory actions that are in the 

SBA’s regulatory flexibility agenda. 

Printing of these entries is limited to 

fields that contain information required 

by the agenda provisions of the 

Regulatory Flexibility Act. Additional 

information on these entries is available 

in the Unified Agenda published on the 

Internet. 

Dated: September 15, 2010. 

Karen G. Mills, 

Administrator. 

Small Business Administration—Proposed Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

465 Small Business Development Centers (SBDC) Program Revisions ............................................................................ 3245–AE05 

466 SBA Express Loan Program ......................................................................................................................................... 3245–AF85 

467 Small Business Investment Companies—Energy Saving Qualified Investments ......................................................... 3245–AF86 

468 Implementation of Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 ..... 3245–AF87 

469 Implementation of Small Business Disaster Response and Loan Improvement Act of 2008: Expedited Disaster Assistance Program ......................................................................................................................................................... 3245–AF88 

470 Implementation of Small Business Disaster Response and Loan Improvement Act of 2008: Private Loan Disaster 

Program ....................................................................................................................................................................... 3245–AF99 

471 Interest Rate—Resetting Fixed Interest Rate ............................................................................................................... 3245–AG03 

472 504 Program Governance Regulations ......................................................................................................................... 3245–AG04 

473 Small Business Size Standards for Loan, Investment, and Surety Programs ............................................................. 3245–AG05 

474 Small Business Size Standards: Professional, Scientific, and Technical Services ...................................................... 3245–AG07 

475 Small Business Size Standards: Transportation and Warehousing Industries ............................................................ 3245–AG08 

476 Small Business Jobs Act: Small Business Size Standards; Alternative Size Standard for 7(a) and 504 Business 

Loan Programs ............................................................................................................................................................ 3245–AG16 

477 Small Business Jobs Act: Multiple Award Contracts and Small Business Set-Asides (Reg Plan Seq No. 160) ....... 3245–AG20 

478 Small Business Jobs Act: Bundling and Contract Consolidation .................................................................................. 3245–AG21 

479 Small Business Jobs Act: Subcontract Integrity ........................................................................................................... 3245–AG22 

480 Small Business Jobs Act: Small Business Size and Status Integrity ........................................................................... 3245–AG23 

481 Small Business Jobs Act: Small Business Mentor-Prote ́ge ́ Programs ......................................................................... 3245–AG24 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS20
Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79865 

SBA 

Small Business Administration—Final Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

482 Lender Oversight Program ............................................................................................................................................ 3245–AE14 

483 Small Business Size Regulations; (8)a Business Development/Small Disadvantaged Business Status Determination (Reg Plan Seq No. 161) ...................................................................................................................................... 3245–AF53 

484 Small Business, Small Disadvantaged Business, HUBZone, and Service-Disabled Veteran-Owned Protest and 

Appeal Regulations. ..................................................................................................................................................... 3245–AF65 

485 Small Business Jobs Act: 504 Loan Program Debt Refinancing (Reg Plan Seq No. 162) ........................................ 3245–AG17 

486 Small Business Jobs Act: Small Business Intermediary Lending Pilot Program (Reg Plan Seq No. 163) ................ 3245–AG18 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

Small Business Administration—Long-Term Actions 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

487 Women’s Business Center Program ............................................................................................................................. 3245–AG02 

Small Business Administration—Completed Actions 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

488 Small Business Size Standards: Retail Trade. ............................................................................................................. 3245–AF69 

489 Small Business Size Standards: Other Services .......................................................................................................... 3245–AF70 

490 Small Business Size Standards: Accommodation and Food Services Industries. ....................................................... 3245–AF71 

491 Women-Owned Small Business Federal Contract Program ......................................................................................... 3245–AG06 

Small Business Administration (SBA) Proposed Rule Stage 

465. SMALL BUSINESS 

DEVELOPMENT CENTERS (SBDC) 

PROGRAM REVISIONS 

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

USC 648 

Abstract: This rule would update 

Small Business Development Center 

(SBDC) program regulations by 

amending among things, the (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 08/00/11 

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 

466. SBA EXPRESS LOAN PROGRAM 

Legal Authority: 15 USC 636(a)(31) 

Abstract: SBA plans to issue 

regulations for the SBA Express loan 

program codified in section 7(a)(31) of 

the Small Business Act. The SBA 

Express loan program reduces the 

number of Government mandated forms 

and procedures, streamlines the 

processing and reduces the cost of 

smaller, less complex SBA loans. 

Particular features of the SBA Express 

loan program include: (1) SBA Express 

loans carry a maximum SBA guaranty 

of 50 percent; (2) a response to an SBA 

Express loan application will be given 

within 36 hours; (3) lenders and 

borrowers can negotiate the interest 

rate, which may not exceed SBA 

maximums; and (4) qualified lenders 

may be granted authorization to make 

eligibility determinations. SBA also 

plans to issue regulations for the Export 

Express Program codified at 7(a)(35) of 

the Small Business Act. The Export 

Express Program, made permanent by 

the Small Business Jobs Act, makes 

guaranteed financing available for 

export development activities. 

Timetable: 

Action Date FR Cite 

NPRM 08/00/11 


jlentini on DSKJ8SOYB1PROD with PROPOSALS20
79866 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 

SBA Proposed Rule Stage 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Grady Hedgespeth, 

Director, Office of Financial Assistance, 

Small Business Administration, 409 

Third Street SW, Washington, DC 

20416 

Phone: 202 205–7562 

Fax: 202 481–0248 

Email: grady.hedgespeth@sba.gov 

RIN: 3245–AF85 

467. SMALL BUSINESS INVESTMENT 

COMPANIES—ENERGY SAVING 

QUALIFIED INVESTMENTS 

Legal Authority: 15 USC 636(a)(32) 

Abstract: In this proposed rule, the 

U.S. Small Business Administration 

(SBA) will set forth the new defined 

terms, ‘‘Energy Saving Qualified 

Investment’’ and ‘‘Energy Saving 

Activities’’, for the Small Business 

Investment Company (SBIC) Program. 

The new definitions are being 

established to facilitate implementation 

of a provision of the Energy 

Independence and Security Act of 2007 

(Energy Act), which allows an SBIC 

making an ‘‘energy saving qualified 

investment’’ to obtain SBA leverage by 

issuing a deferred interest ‘‘energy 

saving debenture.’’ 

This rule would also implement a 

provision of the Energy Act that 

provides access to additional SBA 

leverage for SBICs that have made 

Energy Saving Qualified Investments. 

Timetable: 

Action Date FR Cite 

NPRM 02/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Carol Fendler, 

Systems Accountant, Office of 

Investment, Small Business 

Administration, 409 Third Street SW, 

6th Floor, Washington, DC 20416 

Phone: 202 205–7559 

Email: carol.fendler@sba.gov 

RIN: 3245–AF86 

468. IMPLEMENTATION OF MILITARY 

RESERVIST AND VETERAN SMALL 

BUSINESS REAUTHORIZATION AND 

OPPORTUNITY ACT OF 2008 

Legal Authority: 15 USC 632(q); 15 

USC 636(j) 

Abstract: SBA plans to issue 

regulations to implement section 205 of 

the Military Reservist and Veteran 

Small Business Reauthorization and 

Opportunity Act. This Act provides 

that any time limitation on any 

qualification, certification, or period of 

participation imposed under the Small 

Business Act on any program that is 

available to small business concerns 

shall be extended for a small business 

concern that is owned and controlled 

by a veteran who was called or ordered 

to active duty or a service-disabled 

veteran who became such a veteran due 

to an injury or illness incurred or 

aggravated in the active military duty. 

These regulations will provide 

guidance on tolling of time limitations 

for veteran-owned small businesses. 

Timetable: 

Action Date FR Cite 

NPRM 02/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Dean R. Koppel, 

Assistant Director, Office of Policy and 

Research, Small Business 

Administration, 409 Third Street SW, 

Washington, DC 20416 

Phone: 202 205–7322 

Fax: 202 481–1540 

Email: dean.koppel@sba.gov 

RIN: 3245–AF87 

469. IMPLEMENTATION OF SMALL 

BUSINESS DISASTER RESPONSE 

AND LOAN IMPROVEMENT ACT OF 

2008: EXPEDITED DISASTER 

ASSISTANCE PROGRAM 

Legal Authority: 15 USC 636(j) 

Abstract: This proposed rule would 

establish and implement an expedited 

disaster assistance business loan 

program under which the SBA will 

guarantee short-term loans made by 

private lenders to eligible small 

businesses located in a catastrophic 

disaster area. The maximum loan 

amount is $150,000, and SBA will 

guarantee timely payment of principal 

and interest to the lender. The 

maximum loan term is 180 days, and 

the interest rate is limited to 300 basis 

points over the Federal funds rate. 

Timetable: 

Action Date FR Cite 

NPRM 08/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Grady Hedgespeth, 

Director, Office of Financial Assistance, 

Small Business Administration, 409 

Third Street SW, Washington, DC 

20416 

Phone: 202 205–7562 

Fax: 202 481–0248 

Email: grady.hedgespeth@sba.gov 

RIN: 3245–AF88 

470. IMPLEMENTATION OF SMALL 

BUSINESS DISASTER RESPONSE 

AND LOAN IMPROVEMENT ACT OF 

2008: PRIVATE LOAN DISASTER 

PROGRAM 

Legal Authority: 15 USC 636 

Abstract: This proposed rule would 

establish and implement a private 

disaster loan program under which 

SBA will guarantee loans made by 

qualified lenders to eligible small 

businesses and homeowners located in 

a catastrophic disaster area. Private 

disaster loans made under this 

programs will have the same terms and 

conditions as SBA’s direct disaster 

loans. In addition, SBA will guarantee 

timely payment of principal and 

interest to the lender. SBA may 

guarantee up to 85 percent of any loan 

under this program and the maximum 

loan amount is $2 million. 

Timetable: 

Action Date FR Cite 

NPRM 08/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Grady Hedgespeth, 

Director, Office of Financial Assistance, 

Small Business Administration, 409 

Third Street SW, Washington, DC 

20416 

Phone: 202 205–7562 

Fax: 202 481–0248 

Email: grady.hedgespeth@sba.gov 

RIN: 3245–AF99 

471. INTEREST RATE—RESETTING 

FIXED INTEREST RATE 

Legal Authority: 15 USC 634 

Abstract: SBA currently offers either a 

fixed or variable interest rate for 7(a) 

loans. In addition to these rates, the 

Agency is working to develop a shorter 

term fixed interest rate with the ability 

to be re-set at periodic intervals. This 

type of rate is currently available in the 

commercial market place and will help 

provide additional options for small 


jlentini on DSKJ8SOYB1PROD with PROPOSALS20
Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79867 

SBA Proposed Rule Stage 

business borrowers. By authorizing this 

option, SBA is recognizing a need to 

allow lenders to utilize market 

opportunities. For example, SBA 

recently revised its rules to allow the 

use of LIBOR. 

Timetable: 

Action Date FR Cite 

NPRM 07/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Grady Hedgespeth, 

Director, Office of Financial Assistance, 

Small Business Administration, 409 

Third Street SW, Washington, DC 

20416 

Phone: 202 205–7562 

Fax: 202 481–0248 

Email: grady.hedgespeth@sba.gov 

RIN: 3245–AG03 

472. 504 PROGRAM GOVERNANCE 

REGULATIONS 

Legal Authority: 15 USC 695 et seq 

Abstract: SBA proposes to revise the 

regulations for the Agency’s 504 

Certified Development Company (CDC) 

Loan Program in order to (1) simplify 

processes and reduce the regulatory 

burdens on program participants while 

maintaining appropriate controls to 

mitigate risk; (2) expand access of other 

nonprofit economic development 

entities into the program both as 

independent CDCs or affiliates of CDCs, 

especially in communities not currently 

served; (3) be inclusive of existing 

CDCs by modifications enabling them 

to be in compliance with the 

regulations; (4) clarify current 

regulations; and (4) update the 

regulations with statutory requirements. 

Timetable: 

Action Date FR Cite 

NPRM 04/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Grady Hedgespeth, 

Director, Office of Financial Assistance, 

Small Business Administration, 409 

Third Street SW, Washington, DC 

20416 

Phone: 202 205–7562 

Fax: 202 481–0248 

Email: grady.hedgespeth@sba.gov 

RIN: 3245–AG04 

473. SMALL BUSINESS SIZE 

STANDARDS FOR LOAN, 

INVESTMENT, AND SURETY 

PROGRAMS 

Legal Authority: 15 USC 632, 634(b)(6), 

636(b), 637, 644, 662(5) 

Abstract: SBA currently sets different 

size standards for participation in its 

financial assistance programs. 7(a) 

borrowers use the standards set out for 

procurement programs or a temporary 

alternate standard; 504 borrowers may 

use the 7(a) standards or an alternate 

standard; SBIC investment may be 

made to small businesses that qualify 

through another standard; and Surety 

Bond program participants must meet 

still different requirements. As part of 

an overall Agency program, SBA will 

review financial program eligibility 

regulations in order to update size 

eligibility requirements among these 

programs. 

Timetable: 

Action Date FR Cite 

NPRM 08/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Khem Sharma, 

Division Chief, Division of Size 

Standards, Office of Government 

Contracting/Business Development, 

Small Business Administration, 409 

Third Street SW, Washington, DC 

20416 

Phone: 202 205–7189 

Fax: 202 205–6390 

Email: khem.sharma@sba.gov 

RIN: 3245–AG05 

474. SMALL BUSINESS SIZE 

STANDARDS: PROFESSIONAL, 

SCIENTIFIC, AND TECHNICAL 

SERVICES 

Legal Authority: 15 USC 632(a) 

Abstract: The U.S. Small Business 

Administration (SBA) proposes to 

modify small business size standards 

for industries in the North American 

Industry Classification System (NAICS) 

Sector 54, Professional, Scientific and 

Technical Services. As part of its 

ongoing initiative to review all size 

standards, SBA will evaluate each 

industry in Sector 54 to determine 

whether the existing size standards 

should be retained or revised. This is 

one of a series of proposed rules that 

will examine industries grouped by an 

NAICS Sector. SBA has applied its 

‘‘Size Standards Methodology,’’ which 

is available on its Web site at 

http://www.sba.gov/size, to this 

proposed rule. 

Timetable: 

Action Date FR Cite 

NPRM 02/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Khem Sharma, 

Division Chief, Division of Size 

Standards, Office of Government 

Contracting/Business Development, 

Small Business Administration, 409 

Third Street SW, Washington, DC 

20416 

Phone: 202 205–7189 

Fax: 202 205–6390 

Email: khem.sharma@sba.gov 

RIN: 3245–AG07 

475. SMALL BUSINESS SIZE 

STANDARDS: TRANSPORTATION 

AND WAREHOUSING INDUSTRIES 

Legal Authority: 15 USC 632(a) 

Abstract: The U.S. Small Business 

Administration (SBA) proposes to 

modify small business size standards 

for industries in the North American 

Industry Classification System (NAICS) 

Sector 48-49, Transportation and 

Warehousing Industries. As part of its 

ongoing initiative to review all size 

standards, SBA will evaluate each 

industry in Sector 48-49 to determine 

whether the existing size standards 

should be retained or revised. This is 

one of a series of proposed rules that 

will examine industries grouped by an 

NAICS Sector. SBA has applied its 

‘‘Size Standards Methodology,’’ which 

is available on its Web site at 

http://www.sba.gov/size, to this 

proposed rule. 

Timetable: 

Action Date FR Cite 

NPRM 02/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Khem Sharma, 

Division Chief, Division of Size 

Standards, Office of Government 

Contracting/Business Development, 

Small Business Administration, 409 

Third Street SW, Washington, DC 

20416 

Phone: 202 205–7189 

Fax: 202 205–6390 


jlentini on DSKJ8SOYB1PROD with PROPOSALS20
79868 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 

SBA Proposed Rule Stage 

Email: khem.sharma@sba.gov 

RIN: 3245–AG08 

476. ∑ SMALL BUSINESS JOBS ACT: 

SMALL BUSINESS SIZE STANDARDS; 

ALTERNATIVE SIZE STANDARD FOR 

7(A) AND 504 BUSINESS LOAN 

PROGRAMS 

Legal Authority: PL 111–240, sec 1116 

Abstract: The Small Business Jobs Act 

directs SBA to establish a new 

alternative size standard based on 

tangible net worth and net income for 

determining size eligibility for its 7(a) 

and 504 loan programs. The law also 

established a new temporary alternative 

size standard that is in effect until SBA 

issues a new size rule. This rule will 

propose a new alternative size standard 

for the 7(a) and 504 loan programs. 

Timetable: 

Action Date FR Cite 

NPRM 02/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Khem Sharma, 

Division Chief, Division of Size 

Standards, Office of Government 

Contracting/Business Development, 

Small Business Administration, 409 

Third Street SW, Washington, DC 

20416 

Phone: 202 205–7189 

Fax: 202 205–6390 

Email: khem.sharma@sba.gov 

RIN: 3245–AG16 

477. ∑ SMALL BUSINESS JOBS ACT: 

MULTIPLE AWARD CONTRACTS AND 

SMALL BUSINESS SET–ASIDES 

Regulatory Plan: This entry is Seq. No. 

160 in part II of this issue of the 

Federal Register. 

RIN: 3245–AG20 

478. ∑ SMALL BUSINESS JOBS ACT: 

BUNDLING AND CONTRACT 

CONSOLIDATION 

Legal Authority: PL 111–240, sec 1312, 

1313 

Abstract: The U.S. Small Business 

Administration is proposing regulations 

that will set forth a government-wide 

policy on bundling, which will address 

teams and joint ventures of small 

businesses and the requirement that 

each federal agency must publish on 

its website the rationale for any 

bundled contract. In addition, the 

proposed regulations will address 

contract consolidation and the 

limitations on the use of such 

consolidation in Federal procurement 

to include ensuring that the head of 

a Federal agency may not carry out a 

consolidated contract over $2 million 

unless the Senior Procurement 

Executive or Chief Acquisition Officer 

ensures that market research has been 

conducted and determines that the 

consolidation is necessary and justified. 

Further, the proposed regulations will 

address two new pilot programs: the 

three year pilot program called the 

‘‘Electronic Procurement Center 

Representative (ePCR) Program’’ and 

the Small Business Teaming Pilot 

Program for teaming and joint ventures 

involving small businesses. 

Timetable: 

Action Date FR Cite 

NPRM 01/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Dean R. Koppel, 

Assistant Director, Office of Policy and 

Research, Small Business 

Administration, 409 Third Street SW, 

Washington, DC 20416 

Phone: 202 205–7322 

Fax: 202 481–1540 

Email: dean.koppel@sba.gov 

RIN: 3245–AG21 

479. ∑ SMALL BUSINESS JOBS ACT: 

SUBCONTRACT INTEGRITY 

Legal Authority: PL 111–240, secs 1321 

and 1322, 1334 

Abstract: The U.S. Small Business 

Administration is proposing regulations 

that address subcontracting compliance 

and the interrelationship between 

contracting offices, small business 

offices and program offices relating to 

oversight and review activities. The 

proposed regulation will also address 

the statutory requirement that a large 

business prime contractor must 

represent that it will make good faith 

efforts to award subcontracts to small 

businesses at the same percentage as 

indicated in the subcontracting plan 

submitted as part of its proposal for a 

contract and that if the percentage is 

not met, the large business prime 

contractor must provide a written 

justification and explanation to the 

contracting officer. Finally, the 

proposed regulation may also address 

the statutory requirement that a prime 

contractor must notify the contracting 

officer in writing if it has paid a 

reduced price to a subcontractor for 

goods and services or if the payment 

to the subcontractor is more than 90 

days past due. 

Timetable: 

Action Date FR Cite 

NPRM 01/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Dean R. Koppel, 

Assistant Director, Office of Policy and 

Research, Small Business 

Administration, 409 Third Street SW, 

Washington, DC 20416 

Phone: 202 205–7322 

Fax: 202 481–1540 

Email: dean.koppel@sba.gov 

RIN: 3245–AG22 

480. ∑ SMALL BUSINESS JOBS ACT: 

SMALL BUSINESS SIZE AND STATUS 

INTEGRITY 

Legal Authority: PL 111–240, sec 1341 

and 1343 

Abstract: The U.S. Small Business 

Administration is proposing regulations 

that will address the intentional 

misrepresentations of small business 

status as a ‘‘presumption of loss against 

the Government.’’ In addition, the 

proposed rule will address the statutory 

requirement that no business may 

continue to certify itself as small on 

the Online Representation and 

Certifications Application (ORCA) 

without first providing an annual 

certification. Further, the proposed rule 

will set forth Governmentwide policy 

on the prosecution of small business 

size and status fraud. 

Timetable: 

Action Date FR Cite 

NPRM 01/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Dean R. Koppel, 

Assistant Director, Office of Policy and 

Research, Small Business 

Administration, 409 Third Street SW, 

Washington, DC 20416 

Phone: 202 205–7322 

Fax: 202 481–1540 

Email: dean.koppel@sba.gov 

RIN: 3245–AG23 


jlentini on DSKJ8SOYB1PROD with PROPOSALS20
Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79869 

SBA Proposed Rule Stage 

481. ∑ SMALL BUSINESS JOBS ACT: 

SMALL BUSINESS 

MENTOR–PROTE ́ GE ́ PROGRAMS 

Legal Authority: PL 111–240, sec 1347 

Abstract: The U.S. Small Business 

Administration is proposing regulations 

to establish mentor-prote ́ge ́ programs 

for the Service Disabled VeteranOwned, HUBZone, and Women-Owned 

Small Business Programs. These 

mentor-prote ́ge ́ programs will be 

comparable to the 8(a) Business 

Development mentor-prote ́ge ́ program 

set forth in 13 CFR part 124. 

Timetable: 

Action Date FR Cite 

NPRM 01/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Dean R. Koppel, 

Assistant Director, Office of Policy and 

Research, Small Business 

Administration, 409 Third Street SW, 

Washington, DC 20416 

Phone: 202 205–7322 

Fax: 202 481–1540 

Email: dean.koppel@sba.gov 

RIN: 3245–AG24 

Small Business Administration (SBA) Final Rule Stage 

482. LENDER OVERSIGHT PROGRAM 

Legal Authority: 15 USC 

634(5)(b)(6),(b)(7),(b)(14),(h) and note; 

687(f),697(e)(c)(8), and 650. 

Abstract: This rule implements the 

Small Business Administration’s (SBA) 

statutory authority under the Small 

Business Reauthorization and 

Manufacturing Assistance Act of 2004 

(Reauthorization Act) to regulate Small 

Business Lending Companies (SBLCs) 

and non-federally regulated lenders 

(NFRLs). It also conforms SBA rules for 

the section 7(a) Business Loan Program 

and the Certified Development 

Company (CDC) Program. 

In particular, this rule: (1) Defines 

SBLCs and NFRLs; (2) clarifies SBA’s 

authority to regulate SBLCs and NFRLs; 

(3) authorizes SBA to set certain 

minimum capital standards for SBLCs, 

to issue cease and desist orders, and 

revoke or suspend lending authority of 

SBLCs and NFRLs; (4) establishes the 

Bureau of Premier Certified Lender 

Program Oversight in the Office of 

Credit Risk management; (5) transfers 

existing SBA enforcement authority 

over CDCs from the Office of Financial 

Assistance to the appropriate official in 

the Office of Capital Access; and (6) 

defines SBA’s oversight and 

enforcement authorities relative to all 

SBA lenders participating in the 7(a) 

and CDC programs and intermediaries 

in the Microloan program. 

Timetable: 

Action Date FR Cite 

NPRM 10/31/07 72 FR 61752 

NPRM Comment 

Period Extended 

12/20/07 72 FR 72264 

NPRM Comment 

Period End 

02/29/08 

Interim Final Rule 12/11/08 73 FR 75498 

Action Date FR Cite 

Interim Final Rule 

Comment Period 

End 

03/11/09 

Interim Final Rule 

Effective 

01/12/09 

Final Action 02/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Janet A. Tasker, 

Deputy Associate Administrator, Office 

of Capital Access, Small Business 

Administration, 409 Third Street SW, 

Washington, DC 20416 

Phone: 202 205–3049 

Email: janet.tasker@sba.gov 

RIN: 3245–AE14 

483. SMALL BUSINESS SIZE 

REGULATIONS; (8)A BUSINESS 

DEVELOPMENT/SMALL 

DISADVANTAGED BUSINESS STATUS 

DETERMINATION 

Regulatory Plan: This entry is Seq. No. 

161 in part II of this issue of the 

Federal Register. 

RIN: 3245–AF53 

484. SMALL BUSINESS, SMALL 

DISADVANTAGED BUSINESS, 

HUBZONE, AND SERVICE–DISABLED 

VETERAN–OWNED PROTEST AND 

APPEAL REGULATIONS. 

Legal Authority: 15 USC 632; 15 USC 

634 

Abstract: SBA is proposing to 

standardize protest and appeal 

regulations across all small business 

programs and to clarify the effect of a 

negative determination on the 

procurement in question. The rule will 

clarify that an award should not be 

made to an ineligible concern, and in 

cases where an award has been made 

prior to an SBA final decision finding 

a business to be ineligible, the 

contracting agency shall either 

terminate the contract, not exercise an 

option, or not award further task or 

delivery orders to the ineligible 

concern. SBA is also proposing to 

clarify how contracting officers select 

NAICS codes for multiple award task 

and delivery order contracts. The 

changes recommended were prompted 

by recent bid protest litigation, a survey 

of cases handled by SBA’s Government 

Contracting Area Offices, and recent 

rulings by SBA’s Office of Hearings and 

Appeals. 

Timetable: 

Action Date FR Cite 

NPRM 03/01/10 75 FR 9129 

NPRM Comment 

Period End 

03/31/10 

Final Action 02/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Khem Sharma, 

Division Chief, Division of Size 

Standards, Office of Government 

Contracting/Business Development, 

Small Business Administration, 409 

Third Street SW, Washington, DC 

20416 

Phone: 202 205–7189 

Fax: 202 205–6390 

Email: khem.sharma@sba.gov 

RIN: 3245–AF65 

485. ∑ SMALL BUSINESS JOBS ACT: 

504 LOAN PROGRAM DEBT 

REFINANCING 

Regulatory Plan: This entry is Seq. No. 

162 in part II of this issue of the 

Federal Register. 

RIN: 3245–AG17 


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79870 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 

SBA Final Rule Stage 

486. ∑ SMALL BUSINESS JOBS ACT: 

SMALL BUSINESS INTERMEDIARY 

LENDING PILOT PROGRAM 

Regulatory Plan: This entry is Seq. No. 

163 in part II of this issue of the 

Federal Register. 

RIN: 3245–AG18 

Small Business Administration (SBA) Long-Term Actions 

487. WOMEN’S BUSINESS CENTER 

PROGRAM 

Legal Authority: 15 USC 656 

Abstract: SBA plans to issue 

regulations for the Women’s Business 

Center (WBC) Program. The WBC 

provides financial assistance to 

organizations that provide management 

and technical assistance to small 

business concerns owned and 

controlled by women, and to women 

wishing to start a small business. The 

purpose of this proposed rule is to 

codify a framework for the 

development, delivery, funding and 

measurement of management and 

technical assistance projects conducted 

by Women’s Business Center program 

grantees. 

Timetable: 

Action Date FR Cite 

NPRM 02/00/12 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Ana Harvey 

Phone: 202 205–6677 

Email: ana.harvey@sba.gov 

RIN: 3245–AG02 

Small Business Administration (SBA) Completed Actions 

488. SMALL BUSINESS SIZE 

STANDARDS: RETAIL TRADE. 

Legal Authority: 15 USC 632(a) 

Abstract: The United States Small 

Business Administration (SBA) is 

modifying 47 small business size 

standards for industries in North 

American Industry Classification 

System (NAICS) Sector 44 45, Retail 

Trade, and retaining the current 

standards for the remaining industries 

in the Sector. In this final rule, SBA 

is increasing 46 of the size standards 

and converting the measure of size for 

one industry (NAICS 441110, New Car 

Dealers) from annual receipts to 

number of employees. As part of its 

ongoing initiative to review all size 

standards, SBA has evaluated every 

industry in NAICS Sector 44 45 to 

determine whether the existing size 

standards should be retained or revised. 

This rule also modifies SBA’s Small 

Business Size Regulations to clarify that 

an NAICS code that represents a 

Wholesale Trade (NAICS Sector 42) or 

Retail Trade (NAICS Sector 44 45) 

Industry shall not be used for the 

Federal government’s procurement of 

supplies. 

Completed: 

Reason Date FR Cite 

Final Rule 10/06/10 75 FR 61597 

Final Rule Effective 11/05/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Carl Jordan 

Phone: 202 205–6618 

Fax: 202 205–6390 

Email: carl.jordan@sba.gov 

RIN: 3245–AF69 

489. SMALL BUSINESS SIZE 

STANDARDS: OTHER SERVICES 

Legal Authority: 15 USC 632(a) 

Abstract: The United States Small 

Business Administration (SBA) is 

increasing the small business size 

standards for 18 industries in North 

American Industry Classification 

System (NAICS) Sector 81, Other 

Services, and retaining the current 

standards for the remaining 30 

industries in the Sector. As part of its 

ongoing initiative to review all size 

standards, SBA has evaluated every 

industry in NAICS Sector 81 to 

determine whether the existing size 

standards should be retained or revised. 

Completed: 

Reason Date FR Cite 

Final Action 10/06/10 75 FR 61591 

Final Rule Effective 11/05/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Carl Jordan 

Phone: 202 205–6618 

Fax: 202 205–6390 

Email: carl.jordan@sba.gov 

RIN: 3245–AF70 

490. SMALL BUSINESS SIZE 

STANDARDS: ACCOMMODATION AND 

FOOD SERVICES INDUSTRIES. 

Legal Authority: 15 USC 632(a) 

Abstract: The United States Small 

Business Administration (SBA) is 

increasing small business size 

standards for five industries in North 

American Industry Classification 

System (NAICS) Sector 72, 

Accommodation and Food Services — 

namely NAICS 721110, Hotels and 

Motels, from $7.0 million to $30 

million; NAICS 721120, Casino Hotels, 

from $7.0 million to $30 million; 

NAICS 722211, Limited Service 

Restaurants, from $7.0 million to $10 

million; NAICS 722212, Cafeterias, 

from $7.0 million to $25.5 million; and 


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Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79871 

SBA Completed Actions 

NAICS 722310, Food Service 

Contractors, from $20.5 million to $35.5 

million. As part of its ongoing initiative 

to review all size standards, SBA has 

evaluated every industry in Sector 72 

to determine whether the existing size 

standards should be retained or revised. 

Completed: 

Reason Date FR Cite 

Final Action 10/06/10 75 FR 61604 

Final Rule Effective 11/05/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Carl Jordan 

Phone: 202 205–6618 

Fax: 202 205–6390 

Email: carl.jordan@sba.gov 

RIN: 3245–AF71 

491. WOMEN–OWNED SMALL 

BUSINESS FEDERAL CONTRACT 

PROGRAM 

Legal Authority: 15 USC 637(m) 

Abstract: This proposed rule will 

establish regulations to implement the 

Women-Owned Small Business (WOSB) 

Federal Contract Assistance Program, 

authorized under section 8(m) of the 

Small Business Act. Section 8(m) was 

enacted as part of Public Law 106-554 

to provide a targeted procurement 

mechanism to assist Federal agencies in 

achieving the statutory goal of 5 

percent for contracting with WOSBs. In 

accordance with section 8(m), the new 

regulations would authorize contracting 

officers to restrict competition to 

eligible WOSBs for certain Federal 

contracts in industries in which SBA 

has determined that WOSBs are 

underrepresented or substantially 

underrepresented in Federal 

procurement. Also consistent with 

section 8(m), the authority to restrict 

competition would be limited to 

contracts not exceeding $3 million, or 

$5 million in the case of manufacturing 

contracts. In implementing section 8(m) 

the proposed regulations would further 

provide: the eligible industries in 

which WOSBs are underrepresented or 

substantially underrepresented; the 

specific eligibility requirements for 

WOSBs to qualify for program 

participation; the procedures for 

concerns to certify their eligibility; the 

process for SBA to verify the 

continuing WOSB eligibility; the 

contractual and business development 

assistance available under the program; 

the relevant protest and appeal 

procedures; and the applicable 

penalties. 

Completed: 

Reason Date FR Cite 

Final Action 10/07/10 75 FR 62258 

Final Rule Effective 02/04/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Dean R. Koppel 

Phone: 202 205–7322 

Fax: 202 481–1540 

Email: dean.koppel@sba.gov 

RIN: 3245–AG06 

[FR Doc. 2010–30470 Filed 12–17–10; 8:45 

am] 

BILLING CODE 8025–01–S 


jlentini on DSKJ8SOYB1PROD with PROPOSALS20