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 Small Business Administration 13 CFR Ch. I
 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-AG16228
Small Business Size Standards: Manufacturing and Industries With Employee Based Size Standards in Other Sectors Except Wholesale Trade and Retail Trade
3245-AH09229
Small Business Size Standards: Wholesale Trade and Retail Trade
3245-AH10230
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-AH26231
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-AG69233
Small Business Size Standards: Educational Services; Health Care and Social Assistance; Arts, Entertainment and Recreation; Accommodation and Food Services; Other Services
3245-AG88234
Small Business Size Standards: Agriculture, Forestry, Fishing and Hunting; Mining, Quarrying, and Oil and Gas Extraction; Utilities; Construction
3245-AG89235
Small Business Size Standards: Transportation and Warehousing; Information; Finance and Insurance; Real Estate and Rental and Leasing
3245-AG90236
Small Business Size Standards: Professional, Scientific and Technical Services; Management of Companies and Enterprises; Administrative and Support and Waste Management and Remediation Services
3245-AG91237
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 Number239
SBA Supervised Lenders Application Process
3245-AH04
 
 
 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 CiteANPRM
03/22/18
83 FR 12506ANPRM Comment Period End
05/21/18NPRM
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 CiteNPRM
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 CiteNPRM
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 CiteNPRM
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 ( print page 41298)(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 CiteNPRM
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 CiteANPRM
03/25/15
80 FR 15697ANPRM Comment Period End
05/26/15NPRM
09/27/16
81 FR 66199NPRM Comment Period End
11/28/16Final 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 CiteNPRM
11/27/20
85 FR 76390NPRM Comment Period End
01/26/21Final 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 CiteNPRM
10/02/20
85 FR 62239NPRM Comment Period End
12/01/20Final 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 ( print page 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 CiteNPRM
10/02/20
85 FR 62372NPRM Comment Period End
12/01/20Final 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 CiteNPRM
11/13/20
85 FR 72584NPRM Comment Period End
01/12/21Final 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 CiteInterim Final Rule
07/18/19
84 FR 34261Interim Final Rule Effective
08/19/19Interim Final Rule Comment Period End
09/16/19Final 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 non-renewal of an SBDC's cooperative agreement; and (5) provisions regarding the collection and use of the individual SBDC client data. *Timetable:* Action
Date
FR CiteANPRM
04/02/15
80 FR 17708ANPRM Comment Period End
06/01/15NPRM
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 state-regulated 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 
 
 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 CiteFinal Rule
12/04/20
85 FR 78205Final 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