9648 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 

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 (Agenda) is a summary of 

current and projected rulemakings and 

completed actions of the Small Business 

Administration (SBA or Agency). This 

summary information enables the public 

to be more aware of, and effectively 

participate in, SBA’s regulatory 

activities. Accordingly, 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 Lindsey K. McCready, U.S. 

Small Business Administration, 409 

Third Street SW, Washington, DC 

20416; (202) 401–2996; 

lindsey.mccready@sba.gov; or Kevin P. 

Ross, U.S. Small Business 

Administration, 409 Third Street SW, 

Washington, DC 20416; (202) 772–2065; 

kevin.ross@sba.gov. 

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: The 

Regulatory Flexibility Act (RFA) 

requires SBA to publish in the Federal 

Register a semiannual regulatory 

flexibility agenda describing those 

Agency rules that are likely to have a 

significant economic impact on a 

substantial number of small entities (5 

U.S.C. 602). The summary information 

published in the Federal Register is 

limited to those rules. Additional 

information regarding all of the 

rulemakings SBA expects to consider in 

the next 12 months is included in the 

Federal Government’s Unified 

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. 

Isabella Casillas Guzman, 

Administrator. 

SMALL BUSINESS ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

459 .................... Affiliation in Small Business Procurement Programs ...................................................................................... 3245–AH97 

460 .................... Regulatory Reform Initiative: Streamlining and Modernizing the Surety Bond Guarantee Program .............. 3245–AI06 

461 .................... Export Working Capital Program ..................................................................................................................... 3245–AI07 

462 .................... Disaster Assistance Loan Program Changes to Unsecured Loan Amounts .................................................. 3245–AI08 

SMALL BUSINESS ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

463 .................... Small Business Size Standards: Adjustment of Alternative Size Standard for SBA’s 7(a) and CDC/504 

Loan Programs for Inflation; and Surety Bond Limits: Adjustments for Inflation.

3245–AG16 

464 .................... Small Business Timber Set-Aside Program .................................................................................................... 3245–AG69 

SMALL BUSINESS ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

465 .................... Small Business Development Center Program Revisions .............................................................................. 3245–AE05 

466 .................... National Defense Authorization Act of 2020, Credit for Lower Tier Subcontracting and Other Amendments 3245–AH28 

467 .................... Small Business Size Standards: Adjustment of Monetary Based Size Standards, Disadvantage Thresholds, and 8(a) Eligibility Thresholds for Inflation.3245–AH93 

SMALL BUSINESS ADMINISTRATION 

(SBA) 

Proposed Rule Stage 

459. Affiliation in Small Business 

Procurement Programs [3245–AH97] 

Legal Authority: 15 U.S.C. 632(a) 

Abstract: Following revisions to the 

requirements in SBA’s 8(a) Business 

Development and Service-Disabled 

Veteran-Owned Small Business 

programs, SBA is issuing conforming 

revisions to its affiliation rules that 

govern all of the small-business 

procurement programs. These revisions 

will ensure consistent requirements for 

ownership and control across SBA’s 

procurement programs. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Sam Le, Director of 

Policy, Planning, and Liaison, Small 

Business Administration, 409 3rd Street 

SW, Washington, DC 20416, Phone: 202 

619–1789, Email: sam.le@sba.gov. 

RIN: 3245–AH97 

460. • Regulatory Reform Initiative: 

Streamlining and Modernizing the 

Surety Bond Guarantee Program [3245– 

AI06] 

Legal Authority: 15 U.S.C. 694(b) 

Abstract: The Office of Surety 

Guarantees (OSG) will publish a Notice 

of Proposed Rulemaking (NPRM) to 

receive comments from the public and 

surety industry regarding streamlining 

and modernizing the Surety Bond 

Guarantee Program. This proposed rule 

will reduce the file retainage and form 

submission burden of participating 

surety companies, correct conflicting 

provisions, as well as revise the obsolete 

preferred surety admissions 


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Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 9649 

requirements and the Quarterly Contract 

Completion Report. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jermaine Perry, 

Director, Office of Surety Guarantees, 

Small Business Administration, 409 3rd 

Street SW, Washington, DC 20416, 

Phone: 202 401–8275, Email: 

jermaine.perry@sba.gov. 

RIN: 3245–AI06 

461. • Export Working Capital Program 

[3245–AI07] 

Legal Authority: 15 U.S.C. 636(a) 

Abstract: SBA will publish a notice of 

proposed rulemaking to enhance the 

Export Working Capital Program 

(EWCP). The revisions concern (1) 

increasing the maximum maturity on an 

EWCP loan from 3-years to 5-years; (2) 

changing the regulations to allow EWCP 

loan proceeds to be used to finance 

export transactions or support 

companies who engage in export 

transactions by providing working 

capital against their accounts receivable 

and inventory; (3) allowing use of 

proceeds for asset-based working capital 

secured by inventory and accounts 

receivable; (4) including a de minimis 

amount of domestic accounts receivable 

(not to exceed 30%) for EWCP loans 

used as an asset based line of credit; (5) 

allow Applicants to submit projections 

to support the need for facilities 

supporting pre-shipment working 

capital; (6) revise the unique 

requirements for the EWCP to align with 

industry standards for asset based 

lending. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Daniel Pische, 

National Director of Trade Finance, 

Office of International Trade, Small 

Business Administration, 409 Third 

Street SW, Washington, DC 20416, 

Phone: 202 321–5666, Email: 

daniel.pische@sba.gov. 

RIN: 3245–AI07 

462. • Disaster Assistance Loan 

Program Changes to Unsecured Loan 

Amounts [3245–AI08] 

Legal Authority: 15 U.S.C. 636(b) 

Abstract: SBA will publish a notice of 

proposed rulemaking in order to receive 

comments from the public regarding the 

proposal to increase the unsecured loan 

amounts for disaster survivors. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dianna L. Seaborn, 

Director, Office of Financial Assistance, 

Small Business Administration, 409 

Third Street SW, Washington, DC 

20416, Phone: 202 205–3645, Email: 

dianna.seaborn@sba.gov. 

RIN: 3245–AI08 

SMALL BUSINESS ADMINISTRATION 

(SBA) 

Final Rule Stage 

463. Small Business Size Standards: 

Adjustment of Alternative Size 

Standard for SBA’s 7(a) and CDC/504 

Loan Programs for Inflation; and Surety 

Bond Limits: Adjustments for Inflation 

[3245–AG16] 

Legal Authority: Pub. L. 111–240, sec. 

1116 

Abstract: SBA proposes amending 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 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 .................. 07/28/23 88 FR 48739 

NPRM Comment 

Period End.

09/26/23 

Final Rule ............ 01/00/24 

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: khem.sharma@

sba.gov. 

RIN: 3245–AG16 

464. Small Business Timber Set-Aside 

Program [3245–AG69] 

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 ............ 03/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Sam Le, Director of 

Policy, Planning, and Liaison, Small 

Business Administration, 409 3rd Street 

SW, Washington, DC 20416, Phone: 202 

619–1789, Email: sam.le@sba.gov. 

RIN: 3245–AG69 


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9650 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 

SMALL BUSINESS ADMINISTRATION 

(SBA) 

Completed Actions 

465. Small Business Development 

Center Program Revisions [3245–AE05] 

Legal Authority: 15 U.S.C. 634(b)(6); 

15 U.S.C. 648 

Abstract: This rule proposes to update 

the Small Business Development Center 

(SBDC) program regulations by 

proposing to: (1) streamline and make 

the application process less onerous for 

recipient organizations; (2) codify 

current practices required under the 

NOFO and Cooperative Agreement; (3) 

clarify and define the role of the District 

Office regarding grant oversight; (4) add 

and clarify definitions; and (5) clarify 

SBDC client confidentiality. 

Completed: 

Reason Date FR Cite 

Public Meeting .... 07/18/23 88 FR 41459 

Final Rule ............ 11/07/23 88 FR 76625 

Final Rule Effective.12/07/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Rachel NewmanKarton, Phone: 202 619–1816, Email: 

rachel.newman-karton@sba.gov. 

RIN: 3245–AE05 

466. National Defense Authorization 

Act of 2020, Credit for Lower Tier 

Subcontracting and Other Amendments 

[3245–AH28] 

Legal Authority: Pub. L. 116–92 

Abstract: Section 870 of the National 

Defense Authorization Act of 2020 

(NDAA 2020) made a change that will 

require SBA to amend its regulations. 

Specifically, the language of NDAA 

2020 requires SBA to alter the method 

and means of accounting for lower tier 

small business subcontracting. This 

proposed rule may also contain several 

smaller changes that might be necessary 

to implement this provision and other 

provisions in NDAA 2020. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 10/11/23 88 FR 11303 

Final Rule Effective.11/13/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Brenda J. Fernandez, 

Phone: 202 205–7337, Email: 

brenda.fernandez@sba.gov. 

RIN: 3245–AH28 

467. Small Business Size Standards: 

Adjustment of Monetary Based Size 

Standards, Disadvantage Thresholds, 

and 8(a) Eligibility Thresholds for 

Inflation [3245–AH93] 

Legal Authority: 15 U.S.C. 632(a); 15 

U.S.C. 637(a)(6)(A) 

Abstract: SBA intends to issue this 

rulemaking to adjust its monetary small 

business size standards (i.e., receipts, 

net income, net worth, and financial 

assets) for the effects of inflation that 

have occurred since the last inflation 

adjustment, which was effective on 

August 19, 2019. SBA is required by its 

regulations in 13 CFR 121.102(c) to 

review the effects of inflation on its 

monetary standards at least once every 

five years. As in previous adjustments, 

SBA will apply the Gross Domestic 

Product (GDP) price index as a measure 

of inflation. This action will restore 

small business eligibility to businesses 

that have lost that status due to 

inflation. 

In addition, SBA intends to adjust 

other monetary thresholds in its 

regulations that are otherwise not 

adjusted for inflation under FAR 1.109. 

These thresholds primarily are those 

used in the 8(a) Business Development 

and the Economically Disadvantaged 

Women-Owned Small Business 

(EDWOSB) programs to determine 

economic disadvantage. Others are used 

to maintain eligibility for the 8(a) 

program. In some cases, these 

thresholds have not been adjusted for 25 

years. This action will permit small 

businesses to retain eligibility as 

economically disadvantaged and 

eligible for the 8(a) program, despite an 

increase in inflation. 

SBA will publicize the rule via the 

Small Business Procurement Advisory 

Council, the Integrated Acquisition 

Environment, fbo.gov, press releases, 

publication of this rule in the Federal 

Register, emails to interested parties, 

and the size standards website at 

www.sba.gov/size. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 07/19/23 88 FR 46048 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Khem Raj 

Sharma,Phone: 202 205–7189,Fax: 202 

205–6390,Email: khem.sharma@

sba.gov. 

RIN: 3245–AH93 

[FR Doc. 2024–00460 Filed 2–8–24; 8:45 am] 

BILLING CODE 8026–03–P 


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