41296 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / 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). This summary 

information is intended to enable 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 K. Bundy, U.S. Small 

Business Administration, 409 Third 

Street SW, Washington, DC 20416; (202) 

205–6585; kabundy@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 the 

rulemaking’s 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. 

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

228 .................... Small Business Size Standards: Manufacturing and Industries With Employee Based Size Standards in 

Other Sectors Except Wholesale Trade and Retail Trade.

3245–AH09 

229 .................... Small Business Size Standards: Wholesale Trade and Retail Trade ............................................................. 3245–AH10 

230 .................... Small Business Size Standards: Calculation of Number of Employees for All Programs and of Average 

Annual Receipts in Business Loan, Disaster Loan, and Small Business Investment Company Programs.

3245–AH26 

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

SMALL BUSINESS ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

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

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

and Gas Extraction; Utilities; Construction.

3245–AG89 

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

Real Estate and Rental and Leasing.

3245–AG90 

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

237 .................... Small Business Size Standards: Adjustment of Monetary Based Size Standards for Inflation ...................... 3245–AH17 

SMALL BUSINESS ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

SMALL BUSINESS ADMINISTRATION—COMPLETED ACTIONS

Sequence 

Number Title Regulation Identifier Number 

239 .................... SBA Supervised Lenders Application Process ................................................................................................ 3245–AH04 


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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 41297 

SMALL BUSINESS ADMINISTRATION 

(SBA) 

Proposed Rule Stage 

227. Small Business Size Standards; 

Alternative Size Standard for 7(A), 504, 

and Disaster Loan Programs 

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

1116 

Abstract: SBA will propose 

amendments 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 .................. 03/00/22 

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 

228. Small Business Size Standards: 

Manufacturing and Industries With 

Employee Based Size Standards in 

Other Sectors Except Wholesale Trade 

and Retail Trade 

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 

5-year review of size standards under 

the Jobs Act, in this proposed rule, SBA 

will evaluate all industries in North 

American Industry Classification 

System (NAICS) Sector 31–33 

(Manufacturing) and industries with 

employee-based size standards in other 

sectors except Wholesale Trade and 

Retail Trade and make necessary 

adjustments to their size standards. This 

is one of a series of proposed rules that 

will examine groups of NAICS sectors. 

SBA will apply its revised Size 

Standards Methodology, which is 

available on its website at http://

www.sba.gov/size, to this proposed rule. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/00/21 

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–AH09 

229. Small Business Size Standards: 

Wholesale Trade and Retail Trade 

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 

5-year review of size standards under 

the Jobs Act, in this proposed rule, SBA 

will evaluate all industries in North 

American Industry Classification 

System (NAICS) Sector 42 (Wholesale 

Trade) and Sector 44–45 (Retail Trade) 

and make necessary adjustments to their 

size standards. This is one of a series of 

proposed rules that will examine groups 

of NAICS sectors. SBA will apply its 

revised Size Standards Methodology, 

which is available on its website at 

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

proposed rule. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/21 

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–AH10 

230. Small Business Size Standards: 

Calculation of Number of Employees for 

all Programs and of Average Annual 

Receipts in Business Loan, Disaster 

Loan, and Small Business Investment 

Company Programs 

Legal Authority: 15 U.S.C. 632(a)(2); 

Pub. L. 115–324; Pub. L. 116–238 

Abstract: In accordance with section 

863 of the National Defense 

Authorization Act for Fiscal Year 2021, 

Public Law 116–238, in this rulemaking 

SBA proposes to change the averaging 

period for employee-based size 

standards from 12 months to 24 months. 

In addition, the Small Business Runway 

Extension Act of 2018, Public Law 115– 

324, amended the Small Business Act to 

provide for calculation of average 

annual receipts using a 5-year average, 

rather than the prior 3-year average, in 

defined circumstances. In RIN 3245– 

AH16, SBA implemented the Small 

Business Runway Extension Act in 

programs other than SBA’s loan 

programs—including SBA’s 

procurement programs—and SBA 

issued its final rule in that first 

rulemaking on December 5, 2019 (84 FR 

66561). This second rulemaking would 

consider how to address the Small 

Business Runway Extension Act in 

SBA’s business loan, disaster loan, and 

SBIC programs. Specifically, SBA also 

proposes to permit businesses in its 

Business Loan, Disaster Loan, and Small 

Business Investment Company (SBIC) 

Programs to use a 5-year averaging 

period, in addition to the existing 3-year 

averaging period, for the purposes of 

calculating annual average receipts. 

These proposed changes will allow 

larger small businesses to retain their 

small business size status for longer, 

and some mid-sized businesses to regain 

small business status. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/21 

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–AH26 

231. National Defense Authorization 

Act of 2020, Credit for Lower Tier 

Subcontracting and Other Amendments 

Legal Authority: Pub. L. 116–92 

Abstract: Section 870 of the National 

Defense Authorization Act of 2020 


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41298 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

(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. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Brenda J. Fernandez, 

Analyst, Office of Policy, Planning and 

Liaison, Small Business Administration, 

409 Third Street SW, Washington, DC 

20416, Phone: 202 205–7337, Email: 

brenda.fernandez@sba.gov. 

RIN: 3245–AH28 

SMALL BUSINESS ADMINISTRATION 

(SBA) 

Final Rule Stage 

232. Small Business Timber Set-Aside 

Program 

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 

Action Date FR Cite 

ANPRM Comment 

Period End.

05/26/15 

NPRM .................. 09/27/16 81 FR 66199 

NPRM Comment 

Period End.

11/28/16 

Final Rule ............ 03/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: David W. Loines, 

Director, Office of Government 

Contracting, Small Business 

Administration, 409 Third Street SW, 

Washington, DC 20416, Phone: 202 431– 

0472, Email: david.loines@sba.gov 

RIN: 3245–AG69 

233. Small Business Size Standards: 

Educational Services; Health Care and 

Social Assistance; Arts, Entertainment 

and Recreation; Accommodation and 

Food Services; Other Services 

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 rule, SBA has 

evaluated 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 made necessary 

adjustments to size standards in these 

sectors. This is one of a series of rules 

that examines groups of NAICS sectors. 

SBA has applied its Size Standards 

Methodology to this rule. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/27/20 85 FR 76390 

NPRM Comment 

Period End.

01/26/21 

Final Rule ............ 12/00/21 

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 

234. Small Business Size Standards: 

Agriculture, Forestry, Fishing and 

Hunting; Mining, Quarrying, and Oil 

and Gas Extraction; Utilities; 

Construction 

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 rule, SBA has 

evaluated each industry that has a 

receipts-based standard in North 

American Industry Classification 

System (NAICS) Sector 11 (Agriculture, 

Forestry, Fishing and Hunting), Sector 

21 (Mining, Quarrying, and Oil and Gas 

Extraction), Sector 22 (Utilities), and 

Sector 23 (Construction), and made 

necessary adjustments to size standards 

in these sectors. This is one of a series 

of rules that examines groups of NAICS 

sectors. SBA has applied its Size 

Standards Methodology to this rule. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/02/20 85 FR 62239 

NPRM Comment 

Period End.

12/01/20 

Final Rule ............ 12/00/21 

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 

235. Small Business Size Standards: 

Transportation and Warehousing; 

Information; Finance and Insurance; 

Real Estate and Rental and Leasing 

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 rule, SBA has 

evaluated 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 

made necessary adjustments to size 


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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 41299 

standards in these sectors. This is one 

of a series of rules that examines groups 

of NAICS sectors. SBA has applied its 

Size Standards Methodology to this 

rule. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/02/20 85 FR 62372 

NPRM Comment 

Period End.

12/01/20 

Final Rule ............ 12/00/21 

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 

236. Small Business Size Standards: 

Professional, Scientific and Technical 

Services; Management of Companies 

and Enterprises; Administrative and 

Support and Waste Management and 

Remediation Services 

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 rule, SBA has 

evaluated 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 made necessary adjustments to size 

standards in these sectors. This is one 

of a series of rules that examines groups 

of NAICS sectors. SBA has applied its 

Size Standards Methodology to this 

rule. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/13/20 85 FR 72584 

NPRM Comment 

Period End.

01/12/21 

Final Rule ............ 12/00/21 

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 

237. Small Business Size Standards: 

Adjustment of Monetary Based Size 

Standards for Inflation 

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

Abstract: In this final rule, the U.S. 

Small Business Administration (SBA or 

Agency) adjusts all monetary based 

industry size standards (i.e., receipts, 

assets, net worth, and net income) for 

inflation since the last adjustment in 

2014. In accordance with its regulations 

in 13 CFR 121.102(c), SBA is required 

to review the effects of inflation on its 

monetary standards at least once every 

five years and adjust them, if necessary. 

In addition, the Small Business Jobs Act 

of 2010 (Jobs Act) also requires SBA to 

conduct every five years a detailed 

review of all size standards and to make 

appropriate adjustments to reflect 

market conditions. This action will 

restore the small business eligibility of 

businesses that have lost that status due 

to inflation. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 07/18/19 84 FR 34261 

Interim Final Rule 

Effective.

08/19/19 

Interim Final Rule 

Comment Period End.

09/16/19 

Final Action ......... 09/00/21 

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–AH17 

SMALL BUSINESS ADMINISTRATION 

(SBA) 

Long-Term Actions 

238. Small Business Development 

Center Program Revisions 

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 amend: (1) Procedures for 

approving applications when a new 

Lead SBDC center is selected; (2) 

procedures and requirements regarding 

findings and disputes resulting from 

financial exams, programmatic reviews, 

accreditation reviews, and other SBA 

oversight activities; (3) requirements for 

new or renewal applications for SBDC 

grants, including electronic submission 

through the approved electronic 

Government submission facility; (4) 

procedures regarding the determination 

to affect suspension, termination or nonrenewal of an SBDC’s cooperative 

agreement; and (5) 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 .................. 11/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Rachel 

Newman-Karton, Phone: 202 619–1816, 

Email: rachel.newman-karton@sba.gov 

RIN: 3245–AE05 

SMALL BUSINESS ADMINISTRATION 

(SBA) 

Completed Actions 

239. SBA Supervised Lenders 

Application Process 

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

Abstract: This rule amended the 

regulations applicable to Small Business 

Lending Companies (SBLCs) and stateregulated lenders (Non-Federally 

Regulated Lenders (NFRLs) (collectively 

referred to as SBA Supervised Lenders). 

The key amendments to the regulations 

include a new application and review 

process for SBA Supervised Lenders, 

including for transactions involving a 

change of ownership or control. Other 

amendments to the regulations include 

updating the minimum capital 


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41300 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

maintenance requirements, clarifying 

the factors SBA will consider in its 

evaluation of an SBA Supervised Lender 

application and limiting the 7(a) lending 

area for NFRLs. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 12/04/20 85 FR 78205 

Reason Date FR Cite 

Final Rule Effective.01/04/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Susan Streich, 

Phone: 202 205–6641, Email: 

susan.streich@sba.gov 

RIN: 3245–AH04 

[FR Doc. 2021–14885 Filed 7–29–21; 8:45 am] 

BILLING CODE 8026–03–P 


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