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Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Proposed Rules
of small businesses that would benefit by having their small business status extended for a longer period or would be penalized by having their small size status shortened, SBA considered small businesses whose 12-month employee average was within 10 percent below their employee-based size thresholds.
Small businesses that are not immediately impacted may be impacted either negatively or positively someday as they continue to grow and approach the size standard threshold.
2. Baseline for Changing the Averaging Period for Receipts From 3 Years to 5
Years For this new regulatory action modifying an existing regulation such as changing the average annual receipts calculation from 3 years to 5 years, a baseline assuming no change to the regulation i.e., maintaining the status quo generally provides an appropriate benchmark for evaluating benefits, costs, or transfer impacts of proposed regulatory changes and their alternatives.

Based on the 2012 Economic Census special tabulations the latest available, 2012 County Business Patterns Reports for industries not covered by the Economic Census, and 2012
Agricultural Census tabulations for agricultural industries, of a total of about 7.2 million firms in all industries with receipts-based size standards, about 96 percent are considered small and 4 percent other-than-small under the 3-year annual receipts average.
Similarly, of 334,990 businesses in SAM
2019 that were subject to at least one receipts-based size standard and eligible to qualify as small business concerns, 87.3 percent were small in at least one NAICS code and 12.7 percent other than small in all NAICS codes.
Based on SBAs internal data on its loan programs, small businesses subject to receipts-based size standards received, on an annual basis, a total of about 50,150 7a and 504 loans for fiscal years 20182020, totaling nearly $24 billion, of which 85 percent was issued through the 7a program and 15

percent was issued through the CDC/
504 program. During fiscal years 2016
2018, small businesses in those industries also received about 5,585
loans through the SBAs disaster loan program, totaling about $0.5 billion on an annual basis. Table 12, Baseline Analysis of Receipts-Based Size Standards, below, provides these baseline results.
Besides financial assistance discussed above, small businesses also benefit through reduced fees, less paperwork, and fewer compliance requirements that are available to small businesses through Federal agencies that use SBAs size standards. However, SBA has no data to estimate the number of small businesses receiving such benefits.
Similarly, due to the lack of data, SBA
is not able to determine impacts the proposed rule will have on small businesses participating in other agencies programs that are subject to their own size standards based on average annual receipts.

TABLE 12BASELINE ANALYSIS OF RECEIPTS-BASED SIZE STANDARDS
Measure
Value
Total industries subject to receipts-based standards
Total firms subject to at least one receipts-based standard million2012 Economic Census
Total small firms subject to at least one receipts-based standard million2012 Economic Census
Total small firms subject to at least one receipts-based standard as % of total firms2012 Economic Census
Total business concerns in SAM 1 as of September 1, 2019
Total business concerns subject to a receipts-based size standard in at least one NAICS code 2 2019 SAM
Total businesses that are small in at least one NAICS code subject to a receipts-based size standard
Small business concerns as % of total business concerns subject to receipts-based standards 2019 SAM
Annual average number of 7a and 504 loans to businesses subject to receipts-based standards 20182020
Annual average amount of 7a and 504 loans $ billion 20182020
Number of disaster loans to businesses subject to receipts-based size standards 20162018
Amount of disaster loans $ billion 20162018

518
7.17
6.9
96.2
403,116
334,990
292,454
87.3
50,153
$23.9
5,585
$0.5

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1 Entities in SAM presented above only include business concerns that can be eligible to qualify as small for Federal assistance. That is, entities that can never qualify as small e.g., foreign, not-for-profit and government entities are excluded as they are not impacted by this rule.
2 A business concern could appear in multiple NAICS industries involving both receipts-based size standards and those based on other measures such as employees. Similarly, a business could be small in some industries and other-than-small in others.

Businesses that would regain or expand their small business status can be identified by comparing the estimate of their 5-year receipts average with the size standard. That is, if the 5-year receipts average of a firm currently above the size standard is lower than the applicable size standard, that firm will gain or regain small business status.
To estimate the number of small businesses that would benefit by having their small business status extended for a longer period or would be penalized by having their small business status shortened, SBA considered small businesses whose 3-year average annual receipts was within 10 percent below their receipts-based size thresholds.
Depending upon whether their annual
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receipts are growing or declining, small businesses that are not immediately impacted may be impacted, either positively i.e., gaining small business status or negatively i.e., losing small business status someday as they continue to grow and approach the size standard threshold as in the current 3year averaging method. However, SBA
is not able to quantify such impacts now.
D. Expansions in Small Business Size Status 1. Expansive Effects of Changing the Averaging Period for Employees From 12 Months to 24 Months The most significant expansive effects to businesses from the proposed change
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in the averaging period for calculation of the number of employees for size standards from 12 months to 24 months include: i Enabling some mid-size businesses currently categorized above their corresponding size standards to gain or regain small business size status and thereby qualify for participation in Federal assistance intended for small businesses, and ii allowing some advanced and larger small businesses close to their size thresholds to lengthen their small business status for a longer period and thereby continue their participation in Federal small business programs. These programs include SBAs business and disaster loan programs and Federal procurement programs intended for small businesses.

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