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SBA | RIN: 3245-AH26 | Publication ID: Fall 2021 |
Title: 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 | |
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 gross 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. |
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Agency: Small Business Administration(SBA) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 13 CFR 121 | |
Legal Authority: 15 U.S.C. 632(a)(2) Pub. L. 115-324 Pub. L. 116-283 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: None |
Small Entities Affected: Businesses | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: 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 |