[Federal Register: March 30, 2010 (Volume 75, Number 60)]
[Notices]
[Page 15756-15757]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr10-131]
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SMALL BUSINESS ADMINISTRATION
RIN 3244-AF61
Small Business Innovation Research Program Policy Directive
AGENCY: U.S. Small Business Administration.
ACTION: Notice of Final Amendments to Policy Directive.
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SUMMARY: This document announces a final amendment to the Small
Business Innovation Research (SBIR) Program Policy Directive (PD). This
amendment adjusts the SBIR Program award threshold amounts to offset
the effect of inflation. This document also considers the public
comments received in response to SBA's Notice of Proposed Amendment to
the Policy Directive, which was published in the Federal Register on
August 15, 2008.
DATES: This amendment is effective on March 30, 2010.
FOR FURTHER INFORMATION CONTACT: Edsel M. Brown, Jr., Assistant
Director, Office of Technology, SBA, at (202) 205-7343. You may also
email questions to [email protected].
SUPPLEMENTARY INFORMATION: On August 15, 2008, SBA published in the
Federal Register proposed amendments to the SBIR Program PD to raise
the SBIR Phase I award threshold amount from $100,000 to $150,000, and
the Phase II award threshold amount from $750,000 to $1,000,000 (FR
48004). Congress established the current award threshold amounts of
$100,000 for Phase I and $750,000 for Phase II in the program's 1992
reauthorization legislation. SBA has statutory authority to increase
these award amounts to adjust for inflation or other economic or
programmatic considerations once every five years (U.S.C.
638(j)(2)(D)). The regulatory guideline for the SBIR award amounts can
be found in Section 7(h)(1) of the SBIR Policy Directive (67 FR 6008,
Sept. 24, 2002). SBA has determined that to restore the average
economic value of the SBIR awards, the award threshold amounts should
be increased at this time. SBA determined that adjusting the threshold
amounts to $150,000 for Phase I and $1,000,000 for Phase II adequately
offsets the general effects of inflation, maintains a degree of
stability and simplicity to the threshold levels, and continues to
provide participating agencies with an appropriate degree of
flexibility in award size. In the proposed amendment, the SBA explained
that it monitored information from the U.S. Department of Commerce's
Bureau of Economic Analysis, including the GDP Implicit Price Deflator
and the Satellite R&D Account, as well as the Biomedical Research and
Development Price index, to determine the appropriate time for, and
amount of, this adjustment. The SBA believes this information still
supports the adjustment in this final amendment.
Discussion of Comments on the Final Amendments
The 30-day public comment period closed on September 15, 2008. SBA
received two comments on the proposed amendment. Both of the comments
supported the proposed amendments and commended SBA for making the
adjustments to the threshold amounts. One commenter noted further that
because the National Institutes of Health (NIH) had already taken
advantage of existing flexibility to exceed the guidelines, he did not
foresee a significant reduction in the number of awards at that agency
resulting from the change in guideline levels. SBA will move forward
with the amendment as originally proposed.
Paperwork Reduction Act
SBA has determined that these amendments to the SBIR PD do not
impose additional reporting or recordkeeping requirements under the
Paperwork Reduction Act, 44 U.S.C. Chapter 35.
Regulatory Impact Analysis
OMB has determined that this amendment constitutes a ``significant
regulatory action'' under Executive Order 12866 and in the proposed
amendment to the Policy Directive, the SBA prepared a Regulatory Impact
Analysis. The SBA received no comments on this analysis and continues
to believe that the analysis was accurate.
Notice of Final Amendments to the Policy Directive; Small Business
Innovation Research Program
To: The Directors, Small Business Innovation Research (SBIR)
Program
Subject: Final Revisions to the SBIR Program Policy Directive
Concerning Phase I and Phase II Threshold Amounts
1. Purpose. Section 9(j)(3) of the Small Business Act (Act) (15
U.S.C. 638(j)(3)) requires the Administrator of the U.S. Small Business
Administration (SBA) to modify the SBIR Program Policy Directive as
required for the general conduct of the SBIR Program within the Federal
Government. Specifically, Sec. 9(j)(2) of the Act requires the SBA to
adjust the award amounts for Phase I and II to reflect economic or
programmatic considerations once every five years.
2. Authority. These amendments to the Policy Directive are issued
under the authority of 15 U.S.C. 638(j).
3. Procurement Regulations. The Federal Acquisition Regulations may
need to be modified to conform to the requirements. Regulatory
provisions that pertain to the areas of SBA responsibility will require
approval of the SBA Administrator or designee. The SBA's Office of
Technology is the appropriate office for coordinating such regulatory
provisions.
4. Personnel Concerned. All Federal Government personnel who are
involved in the administration of the program, including those involved
with the issuance and management of funding agreements of the SBIR
Program and the establishment of goals for small business concerns in
research or research and development procurements or grants.
5. Distribution. Federal Government agencies and departments
participating in the SBIR Program and those required to establish small
business research development goals as directed by Sec. 9 of the Act
(15 U.S.C. 638(j)).
6. Originator. Office of Technology, SBA.
7. Dates. These amendments will be effective when issued as final
in the Federal Register.
For the reasons set forth in the preamble, the SBIR Policy
Directive is amended as follows:
1. Amend Sec. 7(h)(1) by removing ``$100,000'' and adding in its
place ``150,000'' and by removing ``$750,000'' and replacing it with
``$1,000,000''.
2. Amend Sec. 7(h)(2) by removing ``$100,000'' and adding in its
place ``$150,000'' and by removing ``$750,000'' and adding in its place
``$1,000,000''.
3. Amend Sec. 10(b)(7) by removing ``$100,000'' and adding in its
place
[[Page 15757]]
``$150,000'' and by removing ``$750,000'' and adding in its place
``$1,000,000''.
Dated: May 29, 2009.
Karen G. Mills,
Administrator, U.S. Small Business Administration.
Editorial Note: This document was received in the Office of the
Federal Register on March 25, 2010.
[FR Doc. 2010-7018 Filed 3-29-10; 8:45 am]
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