Unified Agenda


SMALL BUSINESS ADMINISTRATION (SBA)


SMALL BUSINESS ADMINISTRATION

13 CFR Ch. I

Improving Government Regulations; Semiannual Regulatory Agenda

AGENCY:

Small Business Administration.

ACTION:

Semiannual regulatory agenda.

SUMMARY:

The entries below represent the Small Business Administration's (SBA) 44th semiannual regulatory agenda (agenda). SBA drafted the agenda to meet both the criteria and the spirit of the regulatory review process. SBA publishes this agenda pursuant to Executive Order 12866 and the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.

FOR FURTHER INFORMATION CONTACT:

For further information on agenda items, SBA encourages the public to contact the individual agency official referenced in each entry. For information concerning SBA's overall Regulatory Review and Development Program or general semiannual agenda questions, contact Martin S. Conrey, Attorney Advisor, U.S. Small Business Administration, 409 Third Street SW., Washington, DC 20416, (202) 619-0638.

SUPPLEMENTARY INFORMATION:

SBA's regulatory agenda is designed to increase public knowledge of SBA's anticipated regulatory activities. Publication may encourage increased public participation in the regulatory review and development process.

SBA's agenda is divided into three parts. Part I, Proposed Rules, includes those rules which are likely to be proposed during the next 12 months. Part II, Final Rules, includes proposed rules, which will probably be finalized during the agenda period. Part III, Completed Actions, includes regulations completed or withdrawn and any reviews completed since the preceding agenda.

Publication of the agenda does not impose any binding obligation on SBA with regard to any specific item in the agenda. Further, regulatory actions not listed in the agenda are not precluded. SBA regulations are developed in a manner that promotes economic growth without imposing unnecessary regulatory burdens on the public.

Dated:

February 23, 2001.

John Whitmore, Acting Administrator.

Small Business Administration—Prerule Stage
Sequence Number Title Regulation Identification Number
3889 Surety Bond Guarantee3245-AE13
3890 504 Program Changes3245-AE41

Small Business Administration—Proposed Rule Stage
Sequence Number Title Regulation Identification Number
3891 Supplemental Standards of Ethical Conduct for Employees of the Small Business Administration3245-AC96
3892 Record Disclosure and Privacy Regulations3245-AE03
3893 Small Business Development Center (SBDC) Program Revisions3245-AE05
3894 PLP Lenders' Responsibilities for Servicing and Liquidating Loans3245-AE09
3895 Servicing of Guaranteed Loans3245-AE10
3896 Small Business Lending Company Regulations3245-AE14
3897 Small Business Size Standards; Electric Services3245-AE18
3898 8(a) Business Development/Program Improvement and Technical Amendments3245-AE38
3899 New Markets Venture Capital Program3245-AE40
3900 SDB Certification and Eligibility—Program Improvement and Technical Amendments3245-AE47
3901 Size Standards: Inflation Adjustment3245-AE56
3902 Size Standards: Subcontracting Size Standards3245-AE57

Small Business Administration—Final Rule Stage
Sequence Number Title Regulation Identification Number
3903 Amendment to SBA's Regulations Regarding Administrative Offset3245-AD90
3904 Small Business Size Standards; Net Income Computation for the Small Business Investment and Certified Development Companies and Agriculture Size Standard3245-AE29
3905 Size Standards for Compliance With Programs of Other Agencies3245-AE42
3906 Pre-Disaster Mitigation Loan Program Amendments3245-AE44
3907 Military Reservist Economic Injury Disaster Loan Program3245-AE45
3908 Administrative Wage Garnishment3245-AE50
3909 Microloan Program—Changes Required by the 1997 Reauthorization Act3245-AE51
3910 PRIME Act Grants3245-AE52

Small Business Administration—Long-Term Actions
Sequence Number Title Regulation Identification Number
3911 Nondiscrimination on the Basis of Race, Color, National Origin, Handicap, and Age in Programs or Activities Receiving Federal Financial Assistance3245-AE59

Small Business Administration—Completed Actions
Sequence Number Title Regulation Identification Number
3912 Small Business Size Standards; Health Care Industries3245-AE06
3913 Business Loan Programs—Multi-Lender Securitizations3245-AE26
3914 Small Business Size Standards; Arrangement of Transportation of Freight and Cargo3245-AE27
3915 HUBZone Program Technical Amendments3245-AE28
3916 Small Business Size Standards; Mapping Services3245-AE30
3917 8(a) Business Development/Application of Benchmarks3245-AE37
3918 Small Business Investment Companies—Management-Ownership Diversity3245-AE48
3919 Small Business Investment Companies—Cost of Money3245-AE49
3920 8(a) Business Development/Small Disadvantaged Business Status Determinations; Rules of Procedure Governing Cases Before the Office of Hearings and Appeals3245-AE60


SMALL BUSINESS ADMINISTRATION (SBA)

Prerule Stage

 


3889. SURETY BOND GUARANTEE

Agency:

Small Business Administration (SBA)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC app 3; 15 USC 687b; 15 USC 694b; PL 105-135; 15 USC 687c; 15 USC 694a

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 115

Legal Deadline:

None

Abstract:

SBA is considering revising program regulations to include policy and procedural modifications. Planned regulatory changes would pertain to both the prior approval and the preferred surety bond programs.

Timetable:
Action Date FR Cite
ANPRM 10/00/01

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Robert J. Moffitt, AA/Office of Surety Guarantees, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6540

RIN:

3245-AE13

3890. 504 PROGRAM CHANGES

Agency:

Small Business Administration (SBA)

Priority:

Other Significant. Major status under 5 USC 801 is undetermined.

Legal Authority:

15 USC 695

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 120

Legal Deadline:

None

Abstract:

The Office of Financial Assistance proposes to publish an Advanced Notice of Proposed Rulemaking to solicit opinions regarding our intention to propose a regulation to consider 504 program changes including a better definition of "local economic development," and the organizational and program requirements Certified Development Companies (CDCs) must satisfy in order to be in compliance with this concept, and whether CDCs should be allowed to establish entities to participate as 7(a) lenders. As part of the regulation, for-profit CDCs' organizational requirements will be dealt with specifically to ensure that they are in compliance with the congressional intent for the program.

Timetable:
Action Date FR Cite
ANPRM 07/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

Businesses

Government Levels Affected:

Undetermined

Agency Contact:

Gail Hepler, Chief, 504 Branch, Small Business Administration, Room 804, 1441 L Street NW, Washington, DC 20416
Phone: 202 653-6570

RIN:

3245-AE41


SMALL BUSINESS ADMINISTRATION (SBA)

Proposed Rule Stage

 


3891. SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE SMALL BUSINESS ADMINISTRATION

Agency:

Small Business Administration (SBA)

Priority:

Other Significant

Legal Authority:

15 USC 684; 15 USC 637(a)(18); 15 USC 637(a)(19); EO 12674

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

5 CFR 5400

Legal Deadline:

None

Abstract:

This rule is part of SBA's regulatory streamlining effort. The SBA and the Office of Government Ethics (OGE) are jointly issuing this rule, which is designed to establish uniform standards of ethical conduct for the officers and employees of the SBA. The rule will be published at 5 CFR XLIV and will supplement the Standards of Ethical Conduct for Employees of the executive branch issued by the OGE (57 FR 35006; August 7, 1992). The rule is necessary to supplement the standards issued by OGE because it addresses ethical issues that are unique to SBA.

Timetable:
Action Date FR Cite
NPRM 07/00/01

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

Federal

Agency Contact:

Robinson S. Nunn, Chief Counsel for Ethics, Small Business Administration, 409 Third Street SW, 7th Floor, Washington, DC 20416
Phone: 202 205-6642

RIN:

3245-AC96

3892. RECORD DISCLOSURE AND PRIVACY REGULATIONS

Agency:

Small Business Administration (SBA)

Priority:

Substantive, Nonsignificant

Legal Authority:

PL 104-231; 5 USC 552; 5 USC 552a

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 102

Legal Deadline:

None

Abstract:

This proposed regulation will amend 13 CFR 102, subpart A, governing disclosure of information, to implement statutory changes. Additionally, amendments to subpart B "The Privacy Act" (PA) would add new routine disclosures, correct the term "system of records," require identification of requesters, clarify when lack of social security number can cause benefit denial, and provide for one free copy of an official personnel file.

Timetable:
Action Date FR Cite
NPRM 12/00/01

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

Federal

Agency Contact:

Lisa Babcock, Chief, Freedom of Information Act Office, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 401-8200

RIN:

3245-AE03

3893. SMALL BUSINESS DEVELOPMENT CENTER (SBDC) PROGRAM REVISIONS

Agency:

Small Business Administration (SBA)

Priority:

Substantive, Nonsignificant

Legal Authority:

15 USC 634(b)(6); 15 USC 648

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 130

Legal Deadline:

None

Abstract:

SBA is revising its SBDC regulations to reflect statutory and other changes.

Timetable:
Action Date FR Cite
NPRM 10/00/01

Regulatory Flexibility Analysis Required:

Undetermined

Government Levels Affected:

None

Agency Contact:

Johnnie L. Albertson, AA/SBDCs, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6766

RIN:

3245-AE05

3894. PLP LENDERS' RESPONSIBILITIES FOR SERVICING AND LIQUIDATING LOANS

Agency:

Small Business Administration (SBA)

Priority:

Other Significant

Legal Authority:

15 USC 634(b)(6); 15 USC 636(a); 15 USC 634(b)(7)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 120.453

Legal Deadline:

None

Abstract:

SBA is amending 13 CFR to provide Preferred Lender's Program (PLP) lenders guidance on submitting liquidation plans.

Timetable:
Action Date FR Cite
NPRM 12/00/01

Regulatory Flexibility Analysis Required:

Yes

Small Entities Affected:

Businesses

Government Levels Affected:

None

Agency Contact:

Jane Palsgrove Butler, Associate Administrator for Financial Assistance, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6490

RIN:

3245-AE09

3895. SERVICING OF GUARANTEED LOANS

Agency:

Small Business Administration (SBA)

Priority:

Other Significant

Legal Authority:

15 USC 634(b); 15 USC 634(b)(7)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 120.512

Legal Deadline:

None

Abstract:

SBA is amending 13 CFR 120.512 to generally require a lender, after SBA honors its guarantee, to service and liquidate the loan and continue to hold the loan instruments unless SBA indicates otherwise. SBA is also amending this regulation for other technical changes.

Timetable:
Action Date FR Cite
NPRM 07/00/01

Regulatory Flexibility Analysis Required:

Yes

Small Entities Affected:

Businesses

Government Levels Affected:

None

Agency Contact:

Jane Palsgrove Butler, Associate Administrator for Financial Assistance, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6490

RIN:

3245-AE10

3896. SMALL BUSINESS LENDING COMPANY REGULATIONS

Agency:

Small Business Administration (SBA)

Priority:

Other Significant

Legal Authority:

15 USC 634(b)(6); 15 USC 636(a); 15 USC 636(b)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 120

Legal Deadline:

None

Abstract:

This rulemaking would amend 13 CFR 120 to provide clarity to and strengthen the rules regarding Small Business Lending Company (SBLC) monitoring and oversight for safety and soundness, compliance, and related areas.

Timetable:
Action Date FR Cite
NPRM 11/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Janet A. Tasker, Associate Administrator for Lender Oversight, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-3049
Email: janet.tasker@sba.gov

RIN:

3245-AE14

3897. SMALL BUSINESS SIZE STANDARDS; ELECTRIC SERVICES

Agency:

Small Business Administration (SBA)

Priority:

Substantive, Nonsignificant

Legal Authority:

15 USC 632(a)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 121.201

Legal Deadline:

None

Abstract:

This rule will revise the size standard for Electrical Services (Standard Industrial Classification 4911). The current size standard is 4 million megawatt hours. In response to the emerging deregulation of the electric utilities industry, the SBA is reviewing its 4 million megawatt hours size standard for NAICS codes 221111-221122. It is also reviewing related size standards provisions that may affect the requirements placed on small businesses competing to sell electricity to the Federal Government.

Timetable:
Action Date FR Cite
NPRM 10/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

Businesses

Government Levels Affected:

None

Agency Contact:

Gary M. Jackson, AA/Size Standards, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6618

RIN:

3245-AE18

3898. 8(A) BUSINESS DEVELOPMENT/PROGRAM IMPROVEMENT AND TECHNICAL AMENDMENTS

Agency:

Small Business Administration (SBA)

Priority:

Other Significant

Legal Authority:

15 USC 631

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 124

Legal Deadline:

None

Abstract:

This rule will make technical corrections and clarifying amendments to the 8(a) regulations published on June 30, 1998. The amendments will clarify, and in some cases modify, certain requirements and procedures. For example, the rules governing the mentor/protege program will be clarified. Part 124 will also be amended to include certain new policies and procedures.

Timetable:
Action Date FR Cite
NPRM 12/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

Businesses

Government Levels Affected:

None

Procurement:

This is a procurement-related action for which there is no statutory requirement. There is no paperwork burden associated with this action.

Agency Contact:

Delorice Price Ford, AA/Minority Enterprise Development, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-7340

RIN:

3245-AE38

3899. NEW MARKETS VENTURE CAPITAL PROGRAM

Agency:

Small Business Administration (SBA)

Priority:

Other Significant. Major status under 5 USC 801 is undetermined.

Legal Authority:

PL 106-554

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 108

Legal Deadline:

None

Abstract:

The New Markets Venture Capital (NMVC) program will help spur economic development in some of America's under-invested communities through a public-private partnership encouraging venture capital investing and intensive technical assistance to small businesses in low- and moderate-income areas.

Timetable:
Action Date FR Cite
Interim Final Rule 01/22/01 66 FR 7218
Final Rule--Delay of Effective Date 02/20/01 66 FR 10811
Interim Final Rule Effective 02/21/01
Interim Final Rule Comment Period End 03/23/01
NPRM-Proposed Withdrawal of Interim Final Rule 04/23/01 66 FR 20531
Final Rule-Delay of Effective Date of Interim Final Rule 04/23/01 66 FR 20530
NPRM Comment Period End 05/04/01

Regulatory Flexibility Analysis Required:

Undetermined

Small Entities Affected:

Businesses

Government Levels Affected:

None

Agency Contact:

Austin J. Belton, Director, Office of New Markets Venture Capital, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-7027

RIN:

3245-AE40

3900. SDB CERTIFICATION AND ELIGIBILITY—PROGRAM IMPROVEMENT AND TECHNICAL AMENDMENTS

Agency:

Small Business Administration (SBA)

Priority:

Other Significant

Legal Authority:

15 USC 634(b)(6); 15 USC 636(j); 15 USC 637(a); 15 USC 637(d); PL 99-661; PL 100-656, sec 1207; PL 101-37; PL 101-574; 42 USC 9815

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 124; 13 CFR 134

Legal Deadline:

None

Abstract:

Program improvements and technical amendments to clarify regulations governing the SDB program. The proposed changes clarify requirements, enhance customer service, and correct omissions. For example: A procedure for recertifying eligible firms is established; circumstances under which SBA may reevaluate determinations made by Private Certifiers is broadened; provisions are made to prevent loss of SDB certification by a subcontractor following award of a contract; and stipulations are made requiring contracting officers to forward protests to SBA for determination of merit.

Timetable:
Action Date FR Cite
NPRM 07/00/01

Regulatory Flexibility Analysis Required:

Undetermined

Government Levels Affected:

None

Procurement:

This is a procurement-related action for which there is no statutory requirement. There is no paperwork burden associated with this action.

Agency Contact:

Mario Trevino, (A)AA/SDBCE, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 619-1631
Fax: 202 205-7259

RIN:

3245-AE47

3901. SIZE STANDARDS: INFLATION ADJUSTMENT

Agency:

Small Business Administration (SBA)

Priority:

Other Significant

Legal Authority:

15 USC 632(a); 15 USC 634(b)(6)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 121

Legal Deadline:

None

Abstract:

This proposed rule will adjust SBA's receipt-based size standards for inflation since the last time they were adjusted in 1994.

Timetable:
Action Date FR Cite
NPRM 07/00/01

Regulatory Flexibility Analysis Required:

Yes

Small Entities Affected:

Businesses

Government Levels Affected:

None

Agency Contact:

Gary M. Jackson, AA/Size Standards, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6618

RIN:

3245-AE56

3902. SIZE STANDARDS: SUBCONTRACTING SIZE STANDARDS

Agency:

Small Business Administration (SBA)

Priority:

Other Significant

Legal Authority:

15 USC 632(a); 15 USC 634(b)(6)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 121

Legal Deadline:

None

Abstract:

This rule proposes to revise the size standards applicable to subcontractors to Federal prime contractors.

Timetable:
Action Date FR Cite
NPRM 07/00/01

Regulatory Flexibility Analysis Required:

Yes

Small Entities Affected:

Businesses

Government Levels Affected:

None

Agency Contact:

Gary M. Jackson, AA/Size Standards, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6618

RIN:

3245-AE57


SMALL BUSINESS ADMINISTRATION (SBA)

Final Rule Stage

 


3903. AMENDMENT TO SBA'S REGULATIONS REGARDING ADMINISTRATIVE OFFSET

Agency:

Small Business Administration (SBA)

Priority:

Info./Admin./Other

Legal Authority:

31 USC 3711; 31 USC 3720A; 5 USC 5514; 31 USC 3716; 15 USC 634(b)(6)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 140

Legal Deadline:

None

Abstract:

SBA intends to amend its regulations to include references to administrative offset and other remedies that the Treasury Department may use on behalf of SBA to collect debt pursuant to the Debt Collection Improvement Act of 1996. Publication of this regulatory change is required to comply with Treasury directive.

Timetable:
Action Date FR Cite
NPRM 01/22/99 64 FR 3454
NPRM Comment Period End 02/22/99
Final Action 07/00/01

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Arnold Rosenthal, Assistant Administrator for Borrowers and Lender Servicing, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6481

RIN:

3245-AD90

3904. SMALL BUSINESS SIZE STANDARDS; NET INCOME COMPUTATION FOR THE SMALL BUSINESS INVESTMENT AND CERTIFIED DEVELOPMENT COMPANIES AND AGRICULTURE SIZE STANDARD

Agency:

Small Business Administration (SBA)

Priority:

Substantive, Nonsignificant

Legal Authority:

PL 106-9

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 121.301(c)(1)

Legal Deadline:

None

Abstract:

This rule will incorporate two statutory changes. First, it will revise the method of computing net income to determine the eligibility of non-taxpaying small businesses for the Small Business Investment Company and Certified Development Company Programs. Second, it will adopt a size standard of $750,000 for agriculture industries.

Timetable:
Action Date FR Cite
Direct Final Rule 07/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

Businesses

Government Levels Affected:

None

Agency Contact:

Gary M. Jackson, AA/Size Standards, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6618

RIN:

3245-AE29

3905. SIZE STANDARDS FOR COMPLIANCE WITH PROGRAMS OF OTHER AGENCIES

Agency:

Small Business Administration (SBA)

Priority:

Substantive, Nonsignificant

Legal Authority:

PL 105-135, sec 601 et seq, 111 Stat. 2592; 15 USC 632(a); 15 USC 644(c); PL 102-486, 106 Stat. 2776, 3133; 15 USC 634(b)(6); 15 USC 637(a)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 121

Legal Deadline:

None

Abstract:

This revision requires an agency to consult in writing with SBA before proposing small business size standards for use in its program. It removes the requirement that the agency have the SBA Administrator's approval for the contemplated size standards prior to the proposed rule. Rather, the agency must seek the SBA Administrator's approval only before it adopts size standards in a final rule.

Timetable:
Action Date FR Cite
NPRM 01/26/00 65 FR 4176
NPRM Comment Period End 03/27/00
Final Action 07/00/01

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Carl Jordan, Program Analyst, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6093
Fax: 202 205-6390

RIN:

3245-AE42

3906. PRE-DISASTER MITIGATION LOAN PROGRAM AMENDMENTS

Agency:

Small Business Administration (SBA)

Priority:

Other Significant

Legal Authority:

PL 106-24

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 123.400 et seq

Legal Deadline:

None

Abstract:

Necessary amendments to Pre-Disaster Mitigation Loan Program to permit implementation of the program. Amendments will clarify and add to existing regulations in areas of eligibility and process.

Timetable:
Action Date FR Cite
NPRM 06/14/00 65 FR 37307
NPRM Comment Period End 07/14/00
Final Action 10/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

Businesses

Government Levels Affected:

None

Agency Contact:

James E. Rivera, Deputy Associate Administrator for Disaster Assistance, Small Business Administration, Suite 6050, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6734
Fax: 202 205-7728
Email: james.rivera@sba.gov

RIN:

3245-AE44

3907. MILITARY RESERVIST ECONOMIC INJURY DISASTER LOAN PROGRAM

Agency:

Small Business Administration (SBA)

Priority:

Other Significant

Legal Authority:

PL 106-50

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 123

Legal Deadline:

None

Abstract:

Regulation to implement new Military Reservist Economic Injury Loan Program mandated by Public Law 106-50. This program will assist small businesses suffering economic injury as a result of the call up to active military duty of an essential employee of the small business during a period of military conflict. The proposed regulation will cover eligibility and process.

Timetable:
Action Date FR Cite
NPRM 07/13/00 65 FR 43261
NPRM Comment Period End 08/14/00
Final Action 04/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

Businesses

Government Levels Affected:

None

Agency Contact:

James E. Rivera, Deputy Associate Administrator for Disaster Assistance, Small Business Administration, Suite 6050, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6734
Fax: 202 205-7728
Email: james.rivera@sba.gov

RIN:

3245-AE45

3908. ADMINISTRATIVE WAGE GARNISHMENT

Agency:

Small Business Administration (SBA)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 504; 15 USC 632; 15 USC 634(b)(6); 15 USC 637(a); 31 USC 3711; 31 USC 3720; 31 USC 3716

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 134; 13 CFR 140

Legal Deadline:

None

Abstract:

SBA is issuing a rule adopting administrative wage garnishment regulations to implement the Debt Collection Improvement Act of 1996. The rule would allow SBA to garnish the wages of a person indebted to the United States for any non-tax debt without first obtaining a judgment. The debtor generally would be entitled to a hearing before a Judge assigned to SBA's Office of Hearings and Appeals.

Timetable:
Action Date FR Cite
NPRM 06/27/00 65 FR 39567
NPRM Comment Period End 08/28/00
Final Action 07/00/01

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

Federal

Agency Contact:

Arnold Rosenthal, Assistant Administrator for Borrowers and Lender Servicing, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6481

RIN:

3245-AE50

3909. MICROLOAN PROGRAM—CHANGES REQUIRED BY THE 1997 REAUTHORIZATION ACT

Agency:

Small Business Administration (SBA)

Priority:

Other Significant

Legal Authority:

15 USC 636(m)(202); PL 105-135

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 120

Legal Deadline:

None

Abstract:

SBA proposes to implement changes in the microloan program required by the Small Business Reauthorization Act of 1997. This rule (1) terminates the designation of the microloan program as a "demonstration," (2) allows a nonprofit child care business to qualify for the microloan program, (3) authorizes a microloan intermediary to use up to 25 percent of grant funds for technical assistance to prospective microloan borrowers, and (4) establishes procedures for SBA to revoke or suspend a microloan intermediary or microloan non-lending technical assistance provider and gives the OHA authority to hear such appeals.

Timetable:
Action Date FR Cite
NPRM 08/11/99 64 FR 43636
NPRM Comment Period End 09/10/99
Final Action 07/00/01

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

Federal

Agency Contact:

Jane Palsgrove Butler, Associate Administrator for Financial Assistance, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6490

RIN:

3245-AE51

3910. PRIME ACT GRANTS

Agency:

Small Business Administration (SBA)

Priority:

Other Significant

Legal Authority:

15 USC 634(b)(6); PL 106-102

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 119

Legal Deadline:

None

Abstract:

The regulations add a new part 119 to set up the Program for Investment in Microentrepreneurs Act ("PRIME" or "the Act"). The regulations set forth the Act's grant requirements for qualified Microenterprise Development Organizations ("MDOs") to: (1) Train and provide technical assistance to disadvantaged microentrepreneurs; (2) build MDOs' capacity to give disadvantaged microentrepreneurs such training and technical assistance; (3) research and develop best practices for training and technical assistance; and (4) perform such other activities as the Administrator or designee determines are consistent with the Act. SBA will award a minimum of 75 percent of available funds to MDOs to use for training and technical assistance to disadvantaged microentrepreneurs. At a minimum, another 15 percent will be used to build MDOs' capacity to give more training and technical assistance. SBA will use the remaining funds to make grants for research and development on best practices or other purposes to improve MDOs' services to PRIME's ultimate beneficiaries-disadvantaged microentrepreneurs.

Timetable:
Action Date FR Cite
NPRM 10/10/00 65 FR 60256
NPRM Comment Period End 11/09/00
Final Action 05/00/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

Businesses

Government Levels Affected:

Federal

Agency Contact:

Jane Palsgrove Butler, Associate Administrator for Financial Assistance, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6490

RIN:

3245-AE52


SMALL BUSINESS ADMINISTRATION (SBA)

Long-Term Actions

 


3911. NONDISCRIMINATION ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, HANDICAP, AND AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

Agency:

Small Business Administration (SBA)

Priority:

Substantive, Nonsignificant

Legal Authority:

42 USC 794; 42 USC 2000d to 2000d-7; 42 USC 6101 to 6107; EO 12250

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 112; 13 CFR 113; 13 CFR 117

Legal Deadline:

None

Abstract:

The Department of Justice proposes to make amendments to its regulations implementing title VI of the Civil Rights Act of 1964 (title VI), section 504 of the Rehabilitation Act of 1972, (section 504), and the Age Discrimination Act of 1975 (Age Discrimination Act). Together, these statutes prohibit discrimination on the basis of race, color, national origin, disability, and age in programs or activities that receive Federal financial assistance. In 1988, the Civil Rights Restoration Act (CRRA) added definitions of "program or activity" and "program" to title VI and added a definition "program or activity" to section 504 and the Age Discrimination Act. The added definitions were designed to clarify the broad scope of coverage of recipients' programs or activities under these statutes. The promulgation of this proposed regulation explicitly incorporates the CRRA's definition of "program or activity" and "program" into the Department's title VI, section 504, and Age Discrimination Act regulations. The Department's proposed regulation will be published as part of a joint Notice of Proposed Rulemaking involving up to 24 Federal agencies.

Timetable:

Next Action Undetermined

Action Date FR Cite
NPRM 12/06/00 65 FR 76460
NPRM Comment Period End 01/06/01

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

Federal

Agency Contact:

Mary Ann E Fresco, Deputy Assistant Administrator, EEO, Small Business Administration, 409 Third Street, Washington, DC 20416
Phone: 202 205-7148

RIN:

3245-AE59


SMALL BUSINESS ADMINISTRATION (SBA)

Completed Actions

 


3912. SMALL BUSINESS SIZE STANDARDS; HEALTH CARE INDUSTRIES

Agency:

Small Business Administration (SBA)

Priority:

Other Significant. Major under 5 USC 801.

Legal Authority:

15 USC 632(a); 15 USC 634(b)(6)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 121

Legal Deadline:

None

Abstract:

This regulation changes SBA's size standards for the health care industries.

Timetable:
Action Date FR Cite
NPRM 05/04/99 64 FR 23798
NPRM Comment Period End 07/06/99
Final Action 11/17/00 65 FR 69432

Regulatory Flexibility Analysis Required:

Yes

Small Entities Affected:

Businesses

Government Levels Affected:

None

Procurement:

This is a procurement-related action for which there is no statutory requirement. There is no paperwork burden associated with this action.

Agency Contact:

Gary M. Jackson, AA/Size Standards, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6618

RIN:

3245-AE06

3913. BUSINESS LOAN PROGRAMS—MULTI-LENDER SECURITIZATIONS

Agency:

Small Business Administration (SBA)

Priority:

Other Significant

Legal Authority:

15 USC 634(b)(6); 15 USC 634(a)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 120

Legal Deadline:

None

Abstract:

This regulation will allow multiple lenders to pool and securitize the unguaranteed portion of 7(a) loans ("multi-lender securitizations").

Timetable:
Action Date FR Cite
Withdrawn 02/09/01

Regulatory Flexibility Analysis Required:

Undetermined

Government Levels Affected:

None

Agency Contact:

James W. Hammersley, Director for Secondary Market Sales, Small Business Administration, 8th Floor, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6490

RIN:

3245-AE26

3914. SMALL BUSINESS SIZE STANDARDS; ARRANGEMENT OF TRANSPORTATION OF FREIGHT AND CARGO

Agency:

Small Business Administration (SBA)

Priority:

Substantive, Nonsignificant

Legal Authority:

15 USC 632(a); 15 USC 634(b)(6)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 121

Legal Deadline:

None

Abstract:

This rule modifies the way average annual receipts are calculated for firms in the Arrangement of Transportation of Freight and Cargo industry (SIC code 4731).

Timetable:
Action Date FR Cite
NPRM 07/26/99 64 FR 40314
NPRM Comment Period End 09/24/99
Final Action 08/09/00 65 FR 48601

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

Businesses

Government Levels Affected:

None

Procurement:

This is a procurement-related action for which there is no statutory requirement. There is no paperwork burden associated with this action.

Agency Contact:

Gary M. Jackson, AA/Size Standards, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6618

RIN:

3245-AE27

3915. HUBZONE PROGRAM TECHNICAL AMENDMENTS

Agency:

Small Business Administration (SBA)

Priority:

Other Significant

Legal Authority:

PL 105-135, sec 601; 15 USC 632(a); 15 USC 634(b)(6)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 126

Legal Deadline:

None

Abstract:

This rule focuses on four specific areas: (1) Adds the Departments of State, Commerce, and Justice to the Program for fiscal year 2000, (2) revises the definition of principal office, (3) allows non-manufacturers that do not supply the product of a HUBZone manufacturer to participate in the Program and receive contracting opportunities at or below $25,000, and (4) removes the current affiliation restriction.

Timetable:
Action Date FR Cite
NPRM 10/03/00 65 FR 58963
NPRM Comment Period End 11/02/00
Final Action 01/18/01 66 FR 4643

Regulatory Flexibility Analysis Required:

Yes

Small Entities Affected:

Businesses

Government Levels Affected:

None

Procurement:

This is a procurement-related action for which there is a statutory requirement. There is no paperwork burden associated with this action.

Agency Contact:

Michael P. McHale, Associate Administrator for HUBZone Empowerment Contracting Program, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6731

RIN:

3245-AE28

3916. SMALL BUSINESS SIZE STANDARDS; MAPPING SERVICES

Agency:

Small Business Administration (SBA)

Priority:

Substantive, Nonsignificant

Legal Authority:

15 USC 632(a)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 121.201

Legal Deadline:

None

Abstract:

This established a size standard for Mapping Services, a component of Standard Industrial Classification 8713, Surveying and Mapping Services. The previous size standard was $4 million. The size standard for surveying services would not be affected by this action.

Timetable:
Action Date FR Cite
Withdrawn 02/09/01

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

Businesses

Government Levels Affected:

None

Procurement:

This is a procurement-related action for which there is no statutory requirement. There is no paperwork burden associated with this action.

Agency Contact:

Gary M. Jackson, AA/Size Standards, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-6618

RIN:

3245-AE30

3917. 8(A) BUSINESS DEVELOPMENT/APPLICATION OF BENCHMARKS

Agency:

Small Business Administration (SBA)

Priority:

Economically Significant. Major status under 5 USC 801 is undetermined.

Legal Authority:

15 USC 631

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 124

Legal Deadline:

None

Abstract:

The rule provides guidance to Federal agencies on applying benchmarking principles to the 8(a) Business Development Program to further comply with the Supreme Court's decision in Adarand Constructors, Inc., v. Pena, 515 U.S. 200, 115 S. Ct. 2097 (1995).

Timetable:
Action Date FR Cite
Withdrawn 02/16/01

Regulatory Flexibility Analysis Required:

Yes

Small Entities Affected:

Businesses

Government Levels Affected:

Undetermined

Procurement:

This is a procurement-related action for which there is no statutory requirement. There is no paperwork burden associated with this action.

Agency Contact:

Delorice Price Ford, AA/Minority Enterprise Development, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 205-7340

RIN:

3245-AE37

3918. SMALL BUSINESS INVESTMENT COMPANIES—MANAGEMENT-OWNERSHIP DIVERSITY

Agency:

Small Business Administration (SBA)

Priority:

Substantive, Nonsignificant

Legal Authority:

15 USC 681 et seq.; 15 USC 687m; 15 USC 683; 15 USC 687(c); 15 USC 687b; 15 USC 687d

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 107

Legal Deadline:

None

Abstract:

This rule strengthens management-ownership diversity requirements in 13 CFR 107.150 by limiting any one investor or group of related investors to a maximum 70 percent ownership interest in an SBIC.

Timetable:
Action Date FR Cite
NPRM 06/20/00 65 FR 38223
NPRM Comment Period End 07/20/00
Final Action 11/29/00 65 FR 71053

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Harry Haskins, Acting Associate Administrator for Investment, Small Business Administration, 409 Third Street SW, Suite 6300, Washington, DC 20416
Phone: 202 205-6694

RIN:

3245-AE48

3919. SMALL BUSINESS INVESTMENT COMPANIES—COST OF MONEY

Agency:

Small Business Administration (SBA)

Priority:

Substantive, Nonsignificant

Legal Authority:

15 USC 681 et seq; PL 106-9; 15 USC 683; 15 USC 687b; 15 USC 687c; 15 USC 687d; 15 USC 687g; 15 USC 687m

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 107

Legal Deadline:

None

Abstract:

This rule implements Public Law 106-9. This rule permits SBICs to receive performance-based royalties from small businesses, and similar contingent payments, without regard to the cost of money limits in 13 CFR 107.855.

Timetable:
Action Date FR Cite
NPRM 06/20/00 65 FR 38223
NPRM Comment Period End 07/20/00
Final Action 11/17/00 65 FR 69431

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

Businesses

Government Levels Affected:

None

Agency Contact:

Harry Haskins, Acting Associate Administrator for Investment, Small Business Administration, 409 Third Street SW, Suite 6300, Washington, DC 20416
Phone: 202 205-6694

RIN:

3245-AE49

3920. 8(A) BUSINESS DEVELOPMENT/SMALL DISADVANTAGED BUSINESS STATUS DETERMINATIONS; RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS

Agency:

Small Business Administration (SBA)

Priority:

Info./Admin./Other

Legal Authority:

15 USC 634(b)(6); 15 USC 636(j); 15 USC 637(a); 15 USC 637(d); PL 99-661; PL 100-656, sec 1207; PL 101-37; PL 101-574; 42 USC 9815

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

13 CFR 124; 13 CFR 134

Legal Deadline:

None

Abstract:

Due to a reorganization within the Office of General Counsel at the Small Business Administration (SBA), a new Office of Procurement Law was created to handle all procurement-related legal issues at SBA. Among other things, this new office will represent the Agency in all administrative litigation involving size and SIC code appeals, eligibility appeals relating to the 8(a) Business Development and Small Disadvantaged Business programs, suspension of firms in the 8(a) Business Development Program, and appeals of denials of requests for waivers of contract performance requirements in the 8(a) Business Development Program.

Timetable:
Action Date FR Cite
Direct Final Rule 09/25/00 65 FR 57541

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

John W. Klein, Associate General Counsel for Procurement Law, Small Business Administration, 409 Third Street SW, Washington, DC 20416
Phone: 202 619-1772
Fax: 202 205-6873

RIN:

3245-AE60