Comment on FR Doc # 2026-11765
NANAOpposeOther
Summary: NANA Regional Corporation opposes the proposed rule to replace the current social disadvantage determination with a neutral self-certification process based on "material harm." They argue the new definitions are too broad, would create an undue evidentiary burden, and suggest instead amending the existing regulations to remove the rebuttable presumption while keeping the personal narrative.
We offer some comments on the proposal and suggest further regulatory
reforms. The new draft rule proposes to replace the current 13 CFR 124.103 “Who is
Socially Disadvantaged?” with a neutral self-certification process and an objective social disadvantage determination based on material harm. Unfortunately, the new proposed definitions of social disadvantage and material harm present a significant departure from conventional understanding of these terms and may only delay rulemaking; we suggest that the SBA not adopt the proposed regulations as drafted but instead amend the current regulations at 13 CFR 124.103.