Small Business Size Regulations; 8(a) Business Development/Small Disadvantaged Business Status Determinations

Docket ID: SBA-2009-0019
Agency: Small Business Administration (SBA)
This rule makes a number of changes to the regulations governing the 8(a) Business Development (8(a) BD) Program and several changes to SBA's size regulations. Some of the changes involve technical issues, such as changing the term "SIC code" to "NAICS code" to reflect the national conversion to the North American Industry Classification System. SBA has learned through experience that certain of its rules governing the 8(a) BD program are too restrictive and serve to unfairly preclude firms from being admitted to the program. In other cases, SBA has determined that a rule is too expansive or indefinite and has sought to restrict or clarify that rule. Changes are also being made to correct past public or agency misinterpretation. Also, new situations have arisen that were not anticipated when the current rules were drafted and the rule covers those situations. Finally, one of the changes, implements statutory changes that impact Native Hawaiian Organizations.
RIN: 3245-AF53
Impacts and Effects: None
CFR Citation: 13 CFR 124
Priority: Other Significant
UA and Regulatory Plan Information open glossary dialog  
Publication Period: Spring 2011
Agenda Stage of Rulemaking: Completed Action
Major Rule: No
Legal Authorities: 15 USC 634(b)(6), 636(j), 637(a) and (d)
Legal Deadlines: None
Government Levels Affected: No
Federalism Implications: No
Unfunded Mandates: No
Requires Regulatory Flexibility Analysis: Business, Governmental Jurisdictions
Small Entities Affected: No
International Impacts: No
Energy Effects: No
Included in Regulatory Plan: No
ActionDateFR Citation
NPRM10/28/200974 FR 55694
Hearing; Tribal Consultation12/07/200974 FR 64026
NPRM Comment Period Extended12/09/200974 FR 65040
Hearing12/14/200974 FR 66176
NPRM Comment Period End12/28/2009
Hearing01/11/201075 FR 1296
NPRM Comment Period End01/28/2010
Final Rule02/11/201176 FR 8222
Final Rule Effective03/14/2011
Docket Details open glossary dialog  
Related RINs: None
Related Dockets: None
Type: Rulemaking
Program Office: Government Contracting

Primary Documents

View All  (8)
Comment Period Closed
Jan 28, 2010 11:59 PM ET
Proposed Rule
Posted: 12/09/2009
ID: SBA-2009-0019-0004
Comment Period Closed
Dec 28, 2009 11:59 PM ET
Proposed Rule
Posted: 10/28/2009
ID: SBA-2009-0019-0001
Comment Period Closed
Posted: 05/14/2012
ID: SBA-2009-0019-0216
Comment Period Closed
Posted: 03/07/2011
ID: SBA-2009-0019-0215
Comment Period Closed
Posted: 02/11/2011
ID: SBA-2009-0019-0214

Supporting Documents

No documents available.


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Comments Received*
Regulatory Timeline
Pre Rule
Current Stage
Proposed Rule
Current Stage
Final Rule
Current Stage
Current Stage
Agency Contact
LeAnn Delaney
Deputy Director, Office of Business Development
202 205-6731
409 3rd St SW
Washington, DC 20416
*This count refers to the total comment/submissions received on this docket, as of 11:59 PM yesterday. Note: Agencies review all submissions, however some agencies may choose to redact, or withhold, certain submissions (or portions thereof) such as those containing private or proprietary information, inappropriate language, or duplicate/near duplicate examples of a mass-mail campaign. This can result in discrepancies between this count and those displayed when conducting searches on the Public Submission document type. For specific information about an agency’s public submission policy, refer to its website or the Federal Register document.