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Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Proposed Rules
Paperwork Reduction Act For purposes of the Paperwork Reduction Act, 44 U.S.C. Chapter 35, SBA has determined that this proposed rule would amend an information collection SBA Form 355, Information for Small Business Size Determination, OMB Control Number 32450101. SBA
will revise Instruction No. 5 to specify that respondents will use a 24-month average to calculate number of employees. In Part II, question 10, respondents will then provide an average number of employees over 24
months.
Concurrently with publication of this proposed rule, SBA is submitting to OMB an Information Collection Review based on the changes described above.
SBA has determined that the changes to the Form 355 will not impact the paperwork burden, and it will remain at 4 hours.
SBA will revise the SBA Form 480, Size Status Declaration, for SBIC
applicants. The form would reflect the change to the 24-month average for applicants using an employee-based size standard, and the change to an election between a 3-year average and a 5-year average for applicants using a receiptsbased size standard. The metrics for the alternative size standard for SBIC
applicants would not change.
SBA will revise Part M Size Analysis of SBA Form 1920 7a Lender Application, OMB Control No.: 3245
0348, and Exhibit 4 of SBA Form 1244
504 Loan Application, OMB Control No.: 32450071. The revisions would reflect the change to an election between a 3-year average or a 5-year average for applicants using a receiptsbased size standard. The metrics for the alternative size standard for 7a and 504 applicants would not change.
List of Subjects in 13 CFR Part 121

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Administrative practice and procedure, Government procurement, Government property, Grant programs business, Individuals with disabilities, Loan programsbusiness, Reporting and recordkeeping requirements, Small businesses.
For the reasons set forth in the preamble, SBA proposes to amend 13
CFR part 121 as follows:
PART 121SMALL BUSINESS SIZE
REGULATIONS
1. The authority citation for part 121
continues to read as follows:

Authority: 15 U.S.C. 632, 634b6, 636a36, 662, and 694a9; Pub. L. 116136, Section 1114.

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17:38 Nov 01, 2021

2. In 121.104, revise the first sentence of paragraph c1 and paragraphs c2 through 4 to read as follows:

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121.104 How does SBA calculate annual receipts?

c Period of measurement. 1 Except for the Business Loan, Disaster Loan, and Small Business Investment Company SBIC Programs, annual receipts of a concern that has been in business for 5 or more completed fiscal years means the total receipts of the concern over its most recently completed 5 fiscal years divided by 5.
2 Except for the Business Loan, Disaster Loan Programs, and SBIC
Programs, annual receipts of a concern which has been in business for less than 5 complete fiscal years means the total receipts for the period the concern has been in business divided by the number of weeks in business, multiplied by 52.
3 Except for the Business Loan, Disaster Loan, and SBIC Programs, where a concern has been in business 5
or more complete fiscal years but has a short year as one of the years within its period of measurement, annual receipts means the total receipts for the short year and the 4 full fiscal years divided by the total number of weeks in the short year and the 4 full fiscal years, multiplied by 52.
4 For the Business Loan, Disaster Loan, and SBIC Programs, a concern that has been in business for three or more completed fiscal years may elect to calculate annual receipts using either the total receipts of the concern over its most recently completed 5 fiscal years divided by 5, or the total receipts of the concern over its most recently completed 3 fiscal years divided by 3.
Annual receipts of a concern which has been in business for less than three complete fiscal years means the total receipts for the period the concern has been in business divided by the number of weeks in business, multiplied by 52.
Where a concern has been in business three or more complete fiscal years but has a short year as one of the years within its period of measurement, annual receipts means the total receipts for the short year and the two full fiscal years divided by the total number of weeks in the short year and the two full fiscal years, multiplied by 52. For the purposes of this subsection, the Business Loan Programs consist of the 7a Loan Program, the Microloan Program, the Intermediary Lending Pilot Program, and the Development Company Loan Program 504 Loan Program. The Disaster Loan Programs
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consist of Physical Disaster Business Loans, Economic Injury Disaster Loans, Military Reservist Economic Injury Disaster Loans, and Immediate Disaster Assistance Program loans.

3. In 121.106, revise paragraphs b1 and 3 to read as follows:
121.106 How does SBA calculate number of employees?

b
1 The average number of employees of the concern is used including the employees of its domestic and foreign affiliates based upon numbers of employees for each of the pay periods for the preceding completed 24 calendar months.

3 If a concern has not been in business for 24 months, the average number of employees is used for each of the pay periods during which it has been in business.

4. In 121.903, revise paragraph a1i to read as follows:
121.903 How may an agency use size standards for its programs that are different than those established by SBA?

a
1
i The size of a manufacturing concern by its average number of employees based on the preceding 24
calendar months, determined according to 121.106;

Isabella Casillas Guzman, Administrator.
FR Doc. 202123439 Filed 11121; 8:45 am BILLING CODE 802603P

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration 14 CFR Part 71
Docket No. FAA20210849; Airspace Docket No. 21ACE17
RIN 2120AA66

Proposed Amendment of VOR Federal Airways V161, V190, and V307, and Revocation of VOR Federal Airway V
516 in the Vicinity of Oswego, KS
Federal Aviation Administration FAA, DOT.
ACTION: Notice of proposed rulemaking NPRM.
AGENCY:

This action proposes to amend VHF Omnidirectional Range
SUMMARY:

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