Notice2022-11858

Small Business Size Standards: Notification of Two Virtual Public Forums on Size Standards

Primary source

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Published
June 2, 2022

Issuing agencies

Small Business Administration

Abstract

The U.S. Small Business Administration (SBA) is holding a series of two virtual public forums on size standards to update the public on the status of the ongoing second 5-year review of size standards as mandated by the Small Business Jobs Act of 2010 and to consider public testimony on proposed changes contained in the proposed rule titled Small Business Size Standards: Manufacturing and Industries With Employee-Based Size Standards in Other Sectors Except Wholesale Trade and Retail Trade. Testimony presented at these forums will become part of the administrative record for SBA's consideration when developing the final rule.

Full Text

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<title>Federal Register, Volume 87 Issue 106 (Thursday, June 2, 2022)</title>
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[Federal Register Volume 87, Number 106 (Thursday, June 2, 2022)]
[Notices]
[Pages 33570-33571]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11858]



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SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Notification of Two Virtual Public 
Forums on Size Standards

AGENCY: Small Business Administration.

ACTION: Notification of virtual public forums on size standards.

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SUMMARY: The U.S. Small Business Administration (SBA) is holding a 
series of two virtual public forums on size standards to update the 
public on the status of the ongoing second 5-year review of size 
standards as mandated by the Small Business Jobs Act of 2010 and to 
consider public testimony on proposed changes contained in the proposed 
rule titled Small Business Size Standards: Manufacturing and Industries 
With Employee-Based Size Standards in Other Sectors Except Wholesale 
Trade and Retail Trade. Testimony presented at these forums will become 
part of the administrative record for SBA's consideration when 
developing the final rule.

DATES: The virtual forum dates are as follows:

<bullet> Tuesday, June 14, 2022, from 1:00 p.m. to 3:00 p.m. EDT
<bullet> Thursday, June 16, 2022, from 1:00 p.m. to 3:00 p.m. EDT

ADDRESSES: The forums will be held via the Microsoft Teams platform. 
Registration is required to attend these virtual events. Visit SBA's 
size standards web page at <a href="http://www.sba.gov/size">http://www.sba.gov/size</a> to register.

FOR FURTHER INFORMATION CONTACT: Samuel Castilla, Economist, Office of 
Size Standards, (202) 619-0389 or <a href="/cdn-cgi/l/email-protection#d4a7bdaeb1a7a0b5bab0b5a6b0a794a7b6b5fab3bba2"><span class="__cf_email__" data-cfemail="2b5842514e585f4a454f4a594f586b58494a054c445d">[email&#160;protected]</span></a>. The phone 
number above may also be reached by individuals who are deaf or hard of 
hearing, or who have speech disabilities, through the Federal 
Communications Commission's TTY-Based Telecommunications Relay Service 
teletype service at 711.

SUPPLEMENTARY INFORMATION:

I. Background

    SBA is seeking public comments on a proposed rule (Small Business 
Size Standards: Manufacturing and Industries With Employee-Based Size 
Standards in Other Sectors Except Wholesale Trade and Retail Trade (87 
FR 24752, April 26, 2022)) that would revise the employee-based small 
business size standards for businesses in nine North American 
Industrial Classification System (NAICS) sectors. The comment period 
ends on June 27, 2022.
    The proposed changes in nine industrial sectors, including 
manufacturing, mining and transportation, will enable some mid-sized 
businesses to regain small business status and allow some advanced 
small businesses to retain small business status for a longer period, 
thereby allowing them to benefit from SBA's procurement and loan 
programs. These proposed revisions come on the heels of an SBA 
announcement (<a href="https://www.sba.gov/article/2022/apr/04/sba-revises-small-business-size-standards-16-industrial-sectors-increase-eligibility-its-federal">https://www.sba.gov/article/2022/apr/04/sba-revises-small-business-size-standards-16-industrial-sectors-increase-eligibility-its-federal</a>) on April 4, 2022 in which the Agency discussed 
the issuance of four final rules to modify revenue-based small business 
size standards in 16 NAICS sectors to help increase small business 
eligibility for SBA's Federal contracting and loan programs.
    In the April 26, 2022, proposed rule, SBA proposes to increase 150 
employee-based size standards in nine NAICS sectors. SBA also proposes 
to retain the current 500-employee size standard for Federal 
procurement of supplies set aside for small businesses under the 
nonmanufacturer rule, which requires that small businesses qualifying 
as nonmanufacturers must have an average of 500 or fewer employees over 
the past 12 months, be primarily engaged in the wholesale or retail 
trade activities, take ownership or possession of the item with its 
personnel, equipment or facilities, consistent with industry practice, 
and supply the product of a U.S. small manufacturer.
    The changes contained in the proposed rule are part of SBA's second 
five-year review of size standards, as required under the Small 
Business Jobs Act of 2010 (Sec. 1344, Pub. L. 111-240, 124 Stat. 2545 
(September 27, 2010)). The revised size standards reflect SBA's 
considerations of the relevant industry and programmatic data and 
impacts of the ongoing COVID-19 pandemic on small businesses and the 
overall economy and Government response. In response to the pandemic, 
SBA is retaining current size standards where data otherwise suggests 
that size standards should be lowered.
    As part of the review of size standards, SBA considers the 
structural characteristics of individual industries, including average 
firm size, the degree of competition, and Federal Government 
contracting trends. This ensures that small business size standards 
reflect current economic conditions in those industries. SBA's proposed 
size standards revisions rely on the ``Size Standards Methodology'' 
issued on April 11, 2019, and available at <a href="http://www.sba.gov/size">http://www.sba.gov/size</a>.

II. Virtual Public Forums on Size Standards

    Under this notice, SBA is advising the public that it is hosting a 
series of two virtual public forums on size standards to update the 
public on the status of the ongoing second five-year comprehensive 
review of size standards and consider public testimony on proposed 
changes contained in the April 2022 proposed rule. These forums also 
conform to the requirements of section 1344 of the Small Business Jobs 
Act of 2010 which requires SBA to hold not less than two public forums 
during its quinquennial review of size standards.
    SBA considers public forums on size standards as a valuable 
component of its deliberations and believes that these forums will 
allow for constructive dialogue with small businesses and their 
representatives, industry trade associations, participants in SBA's 
contracting and financial assistance programs, and other stakeholders.
    The format of these forums will consist of a panel of SBA 
representatives who will preside over the session. The oral and written 
testimony as well as any comments SBA receives will become part of the 
administrative record for SBA's consideration. Written testimony may be 
submitted in lieu of oral testimony on or before June 27, 2022, at 
<a href="http://www.regulations.gov">www.regulations.gov</a>, using the following RIN number: RIN 3245-AH09; by 
email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="5c0f3526392f283d32383d2e382f1c2f3e3d723b332a">[email&#160;protected]</a> with subject line ``Comments to RIN 
3245-AH09''; or by mail to Khem R. Sharma, Chief, Office of Size 
Standards, 409 3rd Street SW, Mail Code 6530, Washington, DC, 20416. 
SBA will analyze the testimony, both oral and written, along with any 
written comments received and respond to all comments in the final 
rule. However, during the public forum, SBA officials will not provide 
comment on the testimony of speakers. SBA requests that commenters 
focus on SBA's April 26, 2022, proposed rulemaking and the impacted 
industries described therein. SBA requests that commenters do not raise 
issues pertaining to industries not covered under the proposed rule, or 
issues outside the scope of the rule. Presenters are encouraged to 
provide a written copy of their testimony. SBA will accept written 
material that the presenter wishes to provide that further supplements 
his or her testimony. Electronic or digitized copies are encouraged.
    The two virtual public forums on size standards will be held on 
Tuesday, June 14, 2022 and Thursday, June 16, 2022

[[Page 33571]]

beginning at 1:00 p.m. and ending at 3:00 p.m. (EDT); SBA will adjourn 
early if all testimony has been delivered before the end time.

III. Registration

    Participants must pre-register to attend either of the two virtual 
public forums on size standards by visiting SBA's size standards web 
page at <a href="http://www.sba.gov/size">http://www.sba.gov/size</a> and registering at the link provided. 
On the registration form, participants may indicate whether they would 
like to testify at the forum. After registering, participants will 
receive an email with an access to link and call-in information which 
can be used to access the forum on the scheduled date and time. 
Additional information about the forum is provided on SBA's 
announcements about updating size standards web page, available at 
<a href="https://www.sba.gov/article?sortBy=Authored%20on%20Date&search=&articleCategory=All&program=Contracting&page=1">https://www.sba.gov/article?sortBy=Authored%20on%20Date&search=&articleCategory=All&program=Contracting&page=1</a>, and in the invitation that participants receive 
upon registration. SBA will attempt to accommodate all interested 
parties that wish to present testimony. Based on the number of 
registrants it may be necessary to impose time limits to ensure that 
everyone who wishes to testify can do so.

IV. Information on Service for Individuals With Disabilities

    For information on services for individuals with disabilities or to 
request special assistance contact Samuel Castilla at the telephone 
number or email address indicated under the FOR FURTHER INFORMATION 
CONTACT section of this notice.

Sam Le,
Director, Office of Policy, Planning and Liaison.
[FR Doc. 2022-11858 Filed 6-1-22; 8:45 am]
BILLING CODE 8026-09-P


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