1944 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified 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 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, 

imelda.kish@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. Timely public comment 

for any rule may be submitted at the 

government-wide e-government website, 

http://www.regulations.gov. 

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or outdated.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). The rules published in the 

Federal Register with this notice 

include only those that meet this 

requirement. 

Additional information on these rules 

and on all other rulemakings SBA 

expects to consider is included in the 

Federal Government’s complete Unified 

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 from the 

Agenda database. 

Dated: September 19, 2017. 

Linda E. McMahon, 

Administrator. 

SMALL BUSINESS ADMINISTRATION—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

SMALL BUSINESS ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

335 .................... Small Business HUBZone Program; Government Contracting Programs; Office of Hearings and Appeals 3245–AG38

336 .................... Women-Owned Small Business and Economically Disadvantaged Women-Owned Small Business—Certification (Reg Plan Seq No. 120).3245–AG75 

337 .................... Disaster Loan Programs; Federal Flood Risk Management Standard ........................................................... 3245–AG77 

338 .................... Ownership and Control of Service-Disabled Veteran-Owned Small Business Concerns ............................... 3245–AG85 

339 .................... National Defense Authorization Acts of 2016 and 2017, RISE After Disaster Act of 2015, and Other Small 

Business Government Contracting Amendments.

3245–AG86 

340 .................... Small Business Size Standards: Educational Services; Health Care and Social Assistance; Arts, Entertainment and Recreation; Accommodation and Food Services; Other Services.3245–AG88 

341 .................... Small Business Size Standards: Agriculture, Forestry, Fishing and Hunting; Mining, Quarrying, and Oil 

and Gas Extraction; Utilities; Construction.

3245–AG89 

342 .................... Small Business Size Standards: Transportation and Warehousing; Information; Finance and Insurance; 

Real Estate and Rental and Leasing.

3245–AG90 

343 .................... Small Business Size Standards: Professional, Scientific and Technical Services; Management of Companies and Enterprises; Administrative and Support, Waste Management and Remediation Services.3245–AG91 

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

SMALL BUSINESS ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

344 .................... Miscellaneous Amendments to Business Loan Programs and Surety Bond Guarantee Program ................. 3245–AF85 

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


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Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1945 

SMALL BUSINESS ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

346 .................... Agent Revocation and Suspension Procedures .............................................................................................. 3245–AG40 

347 .................... Small Business Investment Companies; Passive Business Expansion & Technical Clarifications ................ 3245–AG67 

SMALL BUSINESS ADMINISTRATION 

(SBA) 

Prerule Stage 

333. 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 ............... 01/00/18 

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: khem.sharma@

sba.gov. 

RIN: 3245–AG16 

SMALL BUSINESS ADMINISTRATION 

(SBA) 

Proposed Rule Stage 

334. 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 the requirements for 

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 .................. 03/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Adriana Menchaca– 

Gendron, Associate Administrator for 

Small Business Development Centers, 

Small Business Administration, 409 3rd 

Street SW, Washington, DC 20416, 

Phone: 202 205–6988, Email: 

adriana.menchaca-gendron@sba.gov. 

RIN: 3245–AE05 

335. Small Business Hubzone Program; 

Government Contracting Programs; 

Office of Hearings and Appeals 

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 3rd Street 

SW, Washington, DC 20416, Phone: 202 

205–2985, Fax: 202 481–2675, Email: 

mariana.pardo@sba.gov. 

RIN: 3245–AG38 

336. Women-Owned Small Business 

and Economically Disadvantaged 

Women-Owned Small Business— 

Certification 

Regulatory Plan: This entry is Seq. 

No. 120 in part II of this issue of the 

Federal Register. 

RIN: 3245–AG75 

337. Disaster Loan Programs; Federal 

Flood Risk Management Standard 

E.O. 13771 Designation: Regulatory. 

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

E.O. 11988 

Abstract: This rule would describe 

which disaster loans are subject to 

federal flood risk managements 

standards. It would apply to disaster 

loans that meet one of the following 

conditions: (1) SBA funds will be used 


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1946 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 

for total real estate reconstruction at the 

damaged site that is located in the 

Special Flood Hazard Area (SFHA); (2) 

SBA funds will be used for new real 

estate construction at a relocation site 

that is located in the SFHA; or (3) SBA 

funds will be used for code required 

elevation at the damaged site that is 

located in the SFHA. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Alejandro Contreras, 

Program Analyst, Office of Disaster 

Assistance, Small Business 

Administration, 409 Third Street SW, 

Washington, DC 20416, Phone: 202 205– 

6674, Email: alejandro.contreras@

sba.gov. 

RIN: 3245–AG77 

338. Ownership and Control of ServiceDisabled Veteran-Owned Small 

Business Concerns 

E.O. 13771 Designation: Other. 

Legal Authority: Pub. L. 114–328, sec. 

1832, 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 proposed rule will propose 

to amend SBA’s regulations to create a 

uniform definition of a small business 

owned and controlled by a servicedisabled 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. Section 1835 provides that the 

SBA and VA shall provide notice and 

opportunity for comment for at least 60 

days. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kenneth Dodds, 

Director, Office of Policy, Planning and 

Liaison, Small Business Administration, 

409 3rd Street SW, Washington, DC 

20416, Phone: 202 619–1766, Fax: 202 

481–2950, Email: kenneth.dodds@

sba.gov. 

RIN: 3245–AG85 

339. 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, 1821; Pub. 

L. 114–92, sec. 863; Pub. L. 114–88, sec. 

2105, 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. 

Sections 2105 and 2108 of Public Law 

114–88 provide agencies with double 

credit when they award to a local small 

business in a disaster area and provide 

local small businesses with access to 

federal surplus property. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kenneth Dodds, 

Director, Office of Policy, Planning and 

Liaison, Small Business Administration, 

409 3rd Street SW, Washington, DC 

20416, Phone: 202 619–1766, Fax: 202 

481–2950, Email: kenneth.dodds@

sba.gov. 

RIN: 3245–AG86 

340. • 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: khem.sharma@

sba.gov. 

RIN: 3245–AG88 

341. • 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 


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Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1947 

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: khem.sharma@

sba.gov. 

RIN: 3245–AG89 

342. • 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 

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: khem.sharma@

sba.gov. 

RIN: 3245–AG90 

343. • 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: khem.sharma@

sba.gov. 

RIN: 3245–AG91 

SMALL BUSINESS ADMINISTRATION 

(SBA) 

Final Rule Stage 

344. 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. 694b 

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. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/09/16 81 FR 52595 

NPRM Comment 

Period End.

10/11/16 

Final Rule ............ 08/21/17 82 FR 39491 

Final Rule Effective.09/20/17 

Final Action ......... 03/00/18 

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–AF85 

345. Small Business Timber Set-Aside 

Program 

E.O. 13771 Designation: Other. 

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 


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1948 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 

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 ............ 03/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

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: david.loines@sba.gov. 

RIN: 3245–AG69 

SMALL BUSINESS ADMINISTRATION 

(SBA) 

Completed Actions 

346. Agent Revocation and Suspension 

Procedures 

E.O. 13771 Designation: Other. 

Legal Authority: 15 U.S.C. 634; 15 

U.S.C. 642 

Abstract: SBA is withdrawing this 

rule which proposed to establish 

detailed procedures for the suspension 

and revocation of an Agent’s privilege to 

do business with the United States 

Small Business Administration (SBA) 

within a single part of the Code of 

Federal Regulations; clarify existing and 

related regulations as to suspension, 

revocation, and debarment; and remove 

Office of Hearings and Appeals 

jurisdiction over Agent suspensions and 

revocations and government-wide 

debarment and suspension actions. 

Completed: 

Reason Date FR Cite 

Withdrawn ........... 09/11/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Debra Mayer, Phone: 

202 205–7577, Email: debra.mayer@

sba.gov. 

RIN: 3245–AG40 

347. Small Business Investment 

Companies; Passive Business Expansion 

& Technical Clarifications 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 15 U.S.C. 681 et seq. 

Abstract: The SBA revised the 

regulations for the Small Business 

Investment Company (SBIC) program to 

further expand the use of Passive 

Businesses and provide needed 

protections for SBA with regard to such 

investments. SBICs are generally 

prohibited from investing in passive 

businesses under the Small Business 

Investment Act of 1958 as amended as 

well as by regulations. Current program 

regulations provided for two exceptions 

that allow an SBIC to structure an 

investment utilizing a passive small 

business as a pass-through. The first 

exception identified in 107.720(b)(2) 

provides that an SBIC may structure an 

investment utilizing two pass-through 

entities to make an investment into an 

active business. The second exception 

identified in 107.720(b)(3) allows 

partnership SBICs with SBA prior 

approval to invest in a wholly owned 

passive business that in turn provides 

financing to an active small business 

only if a direct financing would cause 

its investors to incur Unrelated Business 

Taxable Income (UBTI). The second 

exception is commonly known as a 

blocker corporation. The rule clarifies 

the first exception and further expands 

the second exception, while providing 

additional protection to SBA from the 

risk posed by passive investment 

structures. As part of the rule, SBA will 

also make technical corrections and 

clarifications, including conforming the 

regulation to the new ‘‘family of funds’’ 

statutory provision. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 12/28/16 81 FR 95419 

Final Rule Effective.01/27/17 

Delay of Effective 

Date Opportunity for Public 

Comment.

01/26/17 82 FR 8499 

Comment Period 

End.

02/19/17 

Final Rule Effective.03/21/17 

Delay of Effective 

Date.

03/21/17 82 FR 14428 

Final Rule Effective.05/20/17 

Delay of Effective 

Date and Request for Comment.

05/02/17 82 FR 20433 

Comment Period 

End.

06/01/17 

Final Rule Effective.08/18/17 

Final Rule and 

Withdrawal of 

Final Rule.

08/18/17 82 FR 39335 

Final Rule Effective.09/18/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Theresa M. Jamerson, 

Phone: 202 205–7563, Email: 

theresa.jamerson@sba.gov. 

RIN: 3245–AG67 

[FR Doc. 2017–28235 Filed 1–11–18; 8:45 am] 

BILLING CODE 8025–01–P 


sradovich on DSK3GMQ082PROD with PROPOSALS