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Applications for New Awards; Shuttered Venue Operators Grants (SVOG) (notice, 86 FR 16270, March 26, 2021)

Summary

A Small Business Administration notice in the Federal Register of Friday, March 26, 2021 (86 FR 16270) inviting applications for fiscal year 2021 Shuttered Venue Operators Grants (SVOG). The notice says applications will be available April 8, 2021 and processed on a rolling basis until funds are exhausted. The Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, signed into law on December 27, 2020, included $15 billion in grants, and Pub. L. 117–2 added $1,249,500,000; at least $2 billion is reserved for applicants with up to 50 full-time employees. An eligible entity may receive the lesser of 45% of its gross earned revenue or $10 million. First priority goes to applicants that lost 90% or more of their revenue between April 2020 and December 2020, second priority to those that lost 70% or more, and third to those with a 25% or greater loss.

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Cite this document

“Applications for New Awards; Shuttered Venue Operators Grants (SVOG) (notice, 86 FR 16270, March 26, 2021).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/applications-for-new-awards-shuttered-venue-operators-grants-svog-noti-c2c2a74f14/, SHA-256 2d60859de3072cf39a41665f24c99d39993d7be11b8ef89e14cfc1663bbc1a6a.

Full text

                                               16270                           Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Notices

                                               SECURITIES AND EXCHANGE                                   There are approximately 538                         inviting applications for new awards for
                                               COMMISSION                                              respondents that require an aggregate                 fiscal year (FY) 2021 for SVOG, Catalog
                                                                                                       total of approximately 15 hours per year              of Federal Domestic Assistance (CFDA)
                                               [SEC File No. 270–428, OMB Control No.
                                                                                                       to comply with this Rule. Each of these               number 59.075. This notice relates to
                                               3235–0478]
                                                                                                       approximately 538 respondents makes                   the approved information collection
                                               Proposed Collection; Comment                            an estimated 20 annual responses, for an              under OMB control number 4040–0004.
                                               Request                                                 aggregate of 10,760 responses per year.               DATES:
                                                                                                       Each response takes approximately 5                      Applications Available: April 8, 2021.
                                               Upon Written Request, Copies Available                  seconds to complete. Thus, the total                     Deadline for Transmittal of
                                                From: Securities and Exchange                          compliance burden per year is                         Applications: The SBA will receive and
                                                Commission, Office of FOIA Services,                   approximately 15 hours (10,760 × 5                    process applications on a rolling basis,
                                                100 F Street NE, Washington, DC                        seconds/60 seconds per minute/60                      and submission will remain available
                                                20549–2736                                             minutes per hour = 15 hours). The                     until funds become exhausted.
                                               Extension:                                              approximate internal cost of compliance                  Pre-application webinar information:
                                                 Rule 11a1–1(T)                                        per hour is approximately $355,                       The SBA held a pre-application
                                                                                                       resulting in a total internal cost of                 meeting, via webinar, for prospective
                                                  Notice is hereby given that pursuant
                                                                                                       compliance of approximately $5,325 per                applicants on January 14, 2021, Eastern
                                               to the Paperwork Reduction Act of 1995
                                                                                                       year (15 hours @ $355).                               time. The webinar is available for
                                               (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the                   Written comments are invited on: (a)
                                               Securities and Exchange Commission                                                                            viewing at https://www.youtube.com/
                                                                                                       Whether the proposed collection of
                                               (‘‘Commission’’) is soliciting comments                                                                       watch?v=PdfQGb6z-gg.
                                                                                                       information is necessary for the proper
                                               on the existing collection of information                                                                        The SBA will hold a second webinar
                                                                                                       performance of the functions of the
                                               provided for in Rule 11a1–1(T) (17 CFR                                                                        on March 30, 2021 and will make
                                                                                                       Commission, including whether the
                                               240.11a1–1(T)), under the Securities                                                                          information available on the webinar at
                                                                                                       information will have practical utility;
                                               Exchange Act of 1934 (15 U.S.C. 78a et                                                                        www.sba.gov/svogrant.
                                                                                                       (b) the accuracy of the Commission’s
                                               seq.) (‘‘Exchange Act’’). The                           estimates of the burden of the proposed               ADDRESSES: The SBA will only accept
                                               Commission plans to submit this                         collection of information; (c) ways to                applications submitted electronically
                                               existing collection of information to the               enhance the quality, utility, and clarity             through the SBA’s website via the
                                               Office of Management and Budget                         of the information collected; and (d)                 following link: www.sba.gov/svogrant.
                                               (‘‘OMB’’) for extension and approval.                   ways to minimize the burden of the                    FOR FURTHER INFORMATION CONTACT:
                                                  On January 27, 1976, the Commission                  collection of information on                          Barbara E. Carson, U.S. Small Business
                                               adopted Rule 11a1–1(T)—Transactions                     respondents, including through the use                Administration, 409 Third Street SW,
                                               Yielding Priority, Parity, and                          of automated collection techniques or                 Washington, DC 20416. Telephone:
                                               Precedence (17 CFR 240.11a1–1(T))                       other forms of information technology.                (800) 659–2955. Email: SVOGrant@
                                               under the Exchange Act (15 U.S.C. 78a                   Consideration will be given to                        sba.gov.
                                               et seq.) to exempt certain transactions of              comments and suggestions submitted in                    If you use a telecommunications
                                               exchange members for their own                          writing within 60 days of this                        device for the deaf (TDD) or a text
                                               accounts that would otherwise be                        publication.                                          telephone (TTY), call the Federal Relay
                                               prohibited under Section 11(a) of the                     An agency may not conduct or                        Service (FRS), toll free, at 1–800–877–
                                               Exchange Act. The Rule provides that a                  sponsor, and a person is not required to              8339.
                                               member’s proprietary order may be                       respond to, a collection of information
                                               executed on the exchange of which the                                                                         SUPPLEMENTARY INFORMATION:
                                                                                                       under the PRA unless it displays a
                                               trader is a member, if, among other                     currently valid OMB control number.                   Full Text of Announcement
                                               things: (1) The member discloses that a                   Please direct your written comments
                                               bid or offer for its account is for its                                                                       I. Funding Opportunity Description
                                                                                                       to: David Bottom, Director/Chief
                                               account to any member with whom                         Information Officer, Securities and                      Purpose of Program 1: The Economic
                                               such bid or offer is placed or to whom                  Exchange Commission, c/o Cynthia                      Aid to Hard-Hit Small Businesses,
                                               it is communicated; (2) any such                        Roscoe, 100 F Street NE, Washington,                  Nonprofits and Venues Act signed into
                                               member through whom that bid or offer                   DC 20549, or send an email to: PRA_                   law on December 27, 2020 included $15
                                               is communicated discloses to others                     Mailbox@sec.gov.                                      billion in grants to operators of
                                               participating in effecting the order that                                                                     shuttered venues, which the SBA’s
                                                                                                          Dated: March 22, 2021.
                                               it is for the account of a member; and                                                                        Office of Disaster Assistance will
                                                                                                       J. Matthew DeLesDernier,
                                               (3) immediately before executing the                                                                          administer. On March 11, 2021, the
                                               order, a member (other than a specialist                Assistant Secretary.                                  American Rescue Plan Act of 2021 (Pub.
                                               in such security) presenting any order                  [FR Doc. 2021–06241 Filed 3–25–21; 8:45 am]           L. 117–2, title V, sec. 5005) was enacted;
                                               for the account of a member on the                      BILLING CODE 8011–01–P                                it provides an additional $1,249,500,000
                                               exchange clearly announces or                                                                                 in grants for these entities. Of this total
                                               otherwise indicates to the specialist and                                                                     grant funding, at least $2 billion is
                                               to other members then present that he                   SMALL BUSINESS ADMINISTRATION                         reserved for applicants with up to 50
                                               is presenting an order for the account of                                                                     full-time employees. Grants of up to $10
                                               a member.                                               Applications for New Awards;                          million will be disbursed to eligible
                                                                                                       Shuttered Venue Operators Grants




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                                                  Without these requirements, it would                                                                       entities in accordance with
                                               not be possible for the Commission to                   (SVOG)                                                requirements set forth in 2 CFR part
                                               monitor its mandate under the Exchange                  AGENCY: U.S. Small Business                           200, as applicable. This guidance
                                               Act to promote fair and orderly markets                 Administration.                                       explains the rules associated with the
                                               and ensure that exchange members                        ACTION: Notice of funding opportunity.                use of federal grant funds.
                                               have, as the principle purpose of their
                                               exchange memberships, the conduct of                    SUMMARY: The U.S. Small Business                         1 The terms in the text of this notice that are in

                                               a public securities business.                           Administration (SBA) issues a notice                  italics are defined in the Definitions section.



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                                                                               Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Notices                                           16271

                                                 Background: Under the SVOG                            Health Administration, or any                            (3) A promoter;
                                               Program, an eligible entity that was in                 equivalent requirements established or                   (4) A stage manager;
                                               operation on January 1, 2019 may                        guidance issued by a state or local                      (5) Security personnel; or
                                               qualify for grants equal to the lesser of               government, during the period                            (6) A box office manager.
                                               an amount equal to 45% of its gross                     beginning on March 1, 2020 and ending                    d. Most performances and artists are
                                               earned revenue or $10 million. Eligible                 on December 32, 2021.                                 paid fairly and do not play for free or
                                               entities that began operations after                       Eligible Person or Entity is a: Live               solely for tips, except for fundraisers or
                                               January 1, 2019, may qualify for grants                 venue operator or promoter, theatrical                similar charitable events.
                                               equal to the lesser of the average                      producer, or live performing arts                        e. For a venue owned or operated by
                                               monthly gross revenue for each full                     organization operator, a relevant                     a nonprofit entity that produces free
                                               month the entity was in operation                       museum operator, a motion picture                     events, the events are produced and
                                               during 2019 multiplied by 6 OR $10                      theatre operator, or a talent                         managed primarily by paid employees,
                                               million. The maximum award amount is                    representative that meets the relevant                not by volunteers.
                                               $10 million. No less than $2 billion of                 facility and category requirements                       f. Performances are marketed through
                                               the total program is reserved for small                 related to its entity type in addition to             listings in printed or electronic
                                               employers who meet the eligibility                      the following eligibility requirements:               publications, on websites, by mass
                                               requirements and have not more than 50                     1. The eligible entity was fully                   email, or on social media.
                                               full-time employees.                                    operational (including in a pre-opening,                 5. A motion picture theater or theaters
                                                 The SBA will receive and process                      start-up capacity) as an eligible entity on           operated by the motion picture theatre
                                               awards on a rolling basis to ensure that                February 29, 2020, and                                operator have the following
                                               those entities hardest hit by the COVID–                   2. The eligible entity had gross earned            characteristics:
                                               19 pandemic are granted an opportunity                  revenue during the first, second, third,                 a. At least 1 auditorium that includes
                                               to access this much-needed assistance.                  or fourth quarter in 2020 that                        a motion picture screen and fixed
                                                                                                       demonstrates not less than a 25%                      audience seating.
                                               Priorities                                              reduction from the gross earned revenue                  b. A projection booth or space
                                                 First Priority: Applicants who lost                   of the eligible entity during the same                containing not less than 1 motion
                                               90% or more of their revenue between                    quarter in 2019. Firms not in operation               picture projector.
                                               April 2020 and December 2020, due to                    in 2019 may qualify for an SVOG if their                 c. A paid ticket charge to attend
                                               the COVID–19 pandemic.                                  gross earned revenues for the second,                 exhibition of motion pictures.
                                                 Second Priority: Entities that lost 70%               third, or fourth quarter of 2020                         d. Motion picture exhibitions are
                                               or more of their revenue between April                  demonstrate a reduction of not less than              marketed through showtime listings in
                                               2020 and December 2020, due to the                      25% from their gross earned revenue for               printed or electronic publications, on
                                               COVID–19 pandemic.                                      the first quarter of 2020.                            websites, by mass mail, or on social
                                                 Third Priority: Entities that suffered a                 3. As of the date of the grant under               media.
                                               25% or greater revenue loss between                     this section—                                            6. The relevant museum (s) for which
                                               any one quarter of 2019 and the                            a. the live venue operator or promoter,            the relevant museum operator is seeking
                                               corresponding quarter of 2020.                          theatrical producer, or live performing               a grant under this section have the
                                                                                                       arts organization operator is or intends              following characteristics:
                                               Definitions                                                                                                      a. Serves as a relevant museum as its
                                                                                                       to resume organizing, promoting,
                                                  Cover Charges means charges to                       producing, managing, or hosting future                principal business activity.
                                               encompass front door entrance fees,                     live concerts, comedy shows, theatrical                  b. Uses indoor exhibition spaces that
                                               food or beverage minimums, or other                     productions, or other performing arts                 are a component of the principal
                                               similar charges required to gain                        events;                                               business activity and which have been
                                               admission to a venue, whether collected                    b. the motion picture theatre operator             subjected to pandemic-related
                                               via ticket sales, addition to a tab, or                 is open or intends to reopen for the                  occupancy restrictions.
                                               direct payment.                                         primary purpose of public exhibition of                  c. Uses at least 1 auditorium, theater,
                                                  Covered Mortgage Obligation means a                  motion pictures;                                      or performance or lecture hall with
                                               debt obligation that is an obligation of                   c. the relevant museum operator is                 fixed audience seating and regular
                                               the borrower, including a related                       open or intends to reopen; or                         programming.
                                               mortgage on real or personal property,                     d. the talent representative is                       Fixed Seating means seating that is
                                               and that was entered into before                        representing or managing artists and                  permanently fixed to the floor or
                                               February 15, 2020.                                      entertainers.                                         ground, or which is so heavy or
                                                  Covered Rent Obligation means rent                      4. The venues at which the live venue              cumbersome as to make removing it
                                               obligated under a leasing agreement in                  operators or promoters, theatrical                    impractical. Where fixed seating is
                                               force before February 15, 2020.                         producers, or live performing arts                    required for an auditorium or similar
                                                  Covered Utility Obligation means                     organization operators stage events, or               space, a majority of the seating provided
                                               electricity, gas, water, transportation,                at which the artists and entertainers                 in that space must meet the definition
                                               telephone, or internet access expenses                  represented or managed by the talent                  of fixed seating.
                                               for which service began before February                 representative perform, have the                         Full-time employee means—
                                               15, 2020.                                               following characteristics:                               1. any employee working not fewer
                                                  Covered Worker Protection                               a. A defined performance and                       than 30 hours per week shall be




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                                               Expenditures means an operating or a                    audience space, and                                   considered a full-time employee; and
                                               capital expenditure to facilitate the                      b. Mixing equipment, a public address                 2. any employee working not fewer
                                               adaptation of the business activities of                system, and a lighting rig.                           than 10 hours and fewer than 30 hours
                                               an entity to comply with requirements                      c. Engage 1 or more individuals to                 per week shall be counted as one-half of
                                               established or guidance issued by the                   carry out at least 2 of the following                 a full-time employee.
                                               Department of Health and Human                          roles:                                                   Live Venue Operator or Promoter,
                                               Services, the Centers for Disease                          (1) A sound engineer;                              Theatrical Producer or Live Performing
                                               Control, or the Occupational Safety and                    (2) A booker;                                      Arts Organization Operator


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                                               16272                           Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Notices

                                                  1. means—                                            SBA will consider the distribution of an              time of application and 2020 taxes as
                                                  a. an individual or entity—                          entity’s receipts, employees and costs of             soon as practicable after filing 2020
                                                  (1) that, as a principal business                    doing business among the different lines              taxes.
                                               activity, organizes, promotes, produces,                of business activity in which its                       4. Employee List with Job Titles and
                                               manages, or hosts live concerts, comedy                 business operations occurred for the                  Employee Status (Full or Part time);
                                               shows, theatrical productions, or other                 most recently completed fiscal year. The                5. Quarterly Profit and Loss
                                               events by performing artists for which—                 SBA may also consider other factors,                  Statements for 2019 and 2020;
                                                  (a) a cover charge through ticketing or              such as the distribution of patents,                    6. Articles of Incorporation, Bylaws
                                               front door entrance fee is applied; and                 contract awards, and assets, as                       and DBA Certificate (if applicable);
                                                  (b) performers are paid in an amount                 appropriate.                                            7. Income Statements for 2019 and
                                               that is based on a percentage of sales, a                 Regular Programming means                           2020;
                                               guarantee (in writing or standard                       programming provided on an ongoing                      8. Copy of most recent Audited
                                               contract), or another mutually-beneficial               and near-continuous basis of an average               Financial Statement (2019) or Single
                                               formal agreement, and (2) for which not                 of at least four times a month.                       Audit (if applicable) or link to website
                                               less than 70% of the earned revenue of                    Relevant Museum means a public or                   where the report can be located;
                                               the individual or entity is generated                   private nonprofit agency or institution                 9. Tax Exempt Status Letter
                                               through, to the extent related to a live                organized on a permanent basis for                    (applicable only for Non-profit entities);
                                               event cover described in subclause a(1)                 essentially educational or aesthetic                    10. Listing of all Individuals
                                               of this section, cover charges or ticket                purposes, that utilizes a professional                Represented and Venues for which they
                                               sales, production fees or production                    staff, owns or utilizes tangible objects,             have contracted to perform (applicable
                                               reimbursements, nonprofit educational                   cares for the tangible objects, and                   only for Talent Representatives);
                                               initiatives, or the sale of event                       exhibits the tangible objects to the                    11. Examples of Contractual/
                                               beverages, food, or merchandise; or                     public on a regular basis. Such term                  Consultant Agreements with talent
                                                  b. an individual or entity that, as a                includes museums that have tangible                   represented, and venues used and
                                               principal business activity, makes                      and digital collections and includes                  evidence of booking (This applies only
                                               available for purchase by the public an                 aquariums, arboretums, botanical                      for Talent Representatives);
                                               average of not less than 60 days before                 gardens, art museums, children’s                        12. State or Local COVID Occupancy
                                               the date of the event tickets to events—                museums, general museums, historic                    Restrictions (applicable only for
                                                  (1) described in subclause a(1) of this              houses and sites, history museums,                    Museum Operators);
                                                                                                                                                               13. Floor Plan (and plan of grounds if
                                               section; and                                            nature centers, natural history and
                                                  (2) for which performers are paid in                                                                       outdoor space is used for the
                                                                                                       anthropology museums, planetariums,
                                               an amount that is based on a percentage                                                                       performance venue). The floor plan
                                                                                                       science and technology centers,
                                               of sales, a guarantee (in writing or                                                                          must demonstrate the location of the
                                                                                                       specialized museums, and zoological
                                               standard contract), or another mutually                                                                       defined performance space. Applicants
                                                                                                       parks.
                                               beneficial formal agreement; and                                                                              must provide the floor plan that is used
                                                  2. includes an individual or entity                  Application Requirements                              for insurance purposes or local fire
                                               described in subparagraph 1 of this                        Applications for SVOG funds must                   inspections. In the case of motion
                                               section that- a. operates for profit;                   address the following application                     picture theatre operators, the floor plan
                                                  b. is a nonprofit organization;                      requirements and the application must                 must also identify the projection booth.
                                                  c. is government-owned; or                           include the following supporting                      (This applies only to Live Venue
                                                  d. is a corporation, limited liability               documentation—                                        Operator or Promoter, Theatrical
                                               company, or partnership or operated as                     1. Certification of Need and                       Producer, or Live Performing Arts
                                               a sole proprietorship.                                  Assurance—All entities shall include an               Organization Operator (Excluding
                                                  Majority Owned or Controlled means                   assurance that the entity was fully                   Freelancers); Motion Picture Theatre
                                               that at least 51% of the ownership                      operational on February 29, 2020 and                  Operators; Relevant Museums);
                                               interests in an entity (regardless of its               that the funds will only be used for the                14. Evidence of Marketing (applicable
                                               legal structure) are held by a single                   allowable purposes established by law.                only for Live Venue Operator or
                                               individual or entity.                                   This statement is required by statute                 Promoter, Theatrical Producer, or Live
                                                  Motion Picture Theatre Operator                      and must include the following:                       Performing Arts Organization Operator
                                               means an individual or entity that—                        a. If the entity is currently in                   (Excluding Freelancers); Motion Picture
                                                  1. as the principal business activity of             operation, the entity will remain in                  Theatre Operators; Relevant Museums)
                                               the individual or entity, owns or                       operation after receipt of the funds; or              Entities that remain open must provide
                                               operates at least 1 place of public                        b. If the entity is currently shuttered,           their most recent marketing materials.
                                               accommodation for the purpose of                        the statement shall include the intent to             Those entities that closed due to the
                                               motion picture exhibition for a fee; and                reopen with an estimated date of                      COVID–19 pandemic must provide the
                                                  2. includes an individual or entity                  reopening.                                            most recent marketing materials used
                                               described in subparagraph 1 that—                          2. 2019 Federal Tax Returns;                       prior to closing.
                                                  a. operates for profit;                                 3. 2020 Federal Tax Returns—Entities                 15. Indirect Cost Rate Agreement from
                                                  b. is a nonprofit organization;                      are required to submit 2020 Federal tax               Cognizant Agency (if applicable). If the
                                                  c. is government-owned; or                           returns with their applications. If an                entity does not have a current
                                                  d. is a corporation, limited liability               entity has not filed 2020 Federal tax                 negotiated indirect cost rate in place,




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                                               company, or partnership or operated as                  returns at the time of application, and               the entity may negotiate a proposed
                                               a sole proprietorship.                                  if the entity is awarded an SVOG and                  indirect cost rate. If the entity has never
                                                  Principal Business Activity is                       the due date for the entity’s 2020 tax                had a negotiated cost rate agreement, the
                                               determined using a firm’s primary                       returns has passed, the entity must                   10% de minimis rate may be utilized, in
                                               industry under the SBA size regulations                 submit 2020 Federal tax returns after the             accordance with the procedures set
                                               (13 CFR 121.107) to define ‘‘principal                  first disbursement. If an entity’s 2020               forth in 2 CFR 200.414. If the entity has
                                               business activity.’’ To determine a given               tax returns are not yet due, the entity               an indirect cost rate agreement from a
                                               firm’s principal business activity, the                 must provide 2018 and 2019 taxes at the               cognizant agency, a copy of that


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                                                                               Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Notices                                           16273

                                               agreement must be included in the                          Budget Period: Funding received                    Order 12372 and the regulations in 34
                                               application.                                            under this grant may be used for                      CFR part 79.
                                                 Assurances: All applicants must                       allowable costs incurred during the                      3. Funding Uses: Grantees under this
                                               submit assurances through the                           period beginning on March 1, 2020 and                 program must only use the grant funds
                                               application process. The assurances                     ending on December 31, 2021.                          for the following—
                                               include the Standard 424 (b), SBA Form                                                                           a. Payroll costs;
                                                                                                       III. Eligibility Information                             b. Payments on any covered rent
                                               1711—Certification Regarding Lobbying
                                               & Disclosure of Lobbying Activities,                       1. Eligible Entity: An eligible person or          obligation;
                                               SBA Form 1623—Debarment and                             entity is a live venue operator or                       c. Any covered utility payment;
                                               Suspension, a Drug-free Workplace                       promoter, theatrical producer, or live                   d. Scheduled payments of interest or
                                               Agreement, and certifications described                 performing arts organization operator, a              principal on any covered mortgage
                                               in section 324 of division N of the                     relevant museum operator, a motion                    obligation (which shall not include any
                                               Consolidated Appropriations Act, 2021                   picture theatre operator, or a talent                 prepayment of principal on a covered
                                               (Pub. L. 116–260).                                      representative that meets the criteria                mortgage obligation);
                                                 Program Authority: Section 324 of                     included in the definition of an eligible                e. Scheduled payments of interest or
                                               division N of the Consolidated                          person or entity.                                     principal on any indebtedness or debt
                                               Appropriations Act, 2021 (Pub. L. 116–                     2. Exclusions and Ineligible Entity: An            instrument (which shall not include any
                                               260).                                                   entity is determined ineligible if it has             prepayment of principal) incurred in the
                                                 Applicable Regulations:                               any of the following characteristics:                 ordinary course of business that is a
                                                 1. The Office of Management and                          a. Is a publicly-traded corporation                liability of the eligible person or entity
                                               Budget Guidelines to Agencies on                        listed on a stock exchange.                           and was incurred prior to February 15,
                                               Governmentwide Debarment and                               b. Receive more than 10% of gross                  2020;
                                               Suspension (Nonprocurement) in 2 CFR                    revenue from Federal funding during                      f. Covered worker protection
                                               part 180, as adopted and amended as                     2019, excluding amounts received by                   expenditures;
                                               regulations of the Agency in 2 CFR part                 the eligible entity under the CARES Act                  g. Payments made to independent
                                               3485.                                                   or the Robert T. Stafford Disaster Relief             contractors, as reported on Form–1099
                                                 2. The Uniform Administrative                         and Emergency Assistance Act (42                      MISC, not to exceed a total of $100,000
                                               Requirements, Cost Principles, and                      U.S.C. 5121 et seq.).                                 in annual compensation for any
                                               Audit Requirements for Federal Awards                      c. Is not majority owned or controlled             individual employee of an independent
                                               in 2 CFR part 200, as adopted and                       by an entity with all of the following                contractor, and
                                               amended as regulations of the Agency in                 characteristics:                                         h. Other ordinary and necessary
                                               2 CFR part 3474.                                           (1) Owning or operating eligible                   business expenses, including—
                                                                                                       entities in more than 1 country;                         (1) Maintenance expenses,
                                               II. Award Information                                      (2) Owning or operating eligible                      (2) Administrative costs, including
                                                  Type of Award: Grants.                               entities in more than 10 States; and                  fees and licensing costs,
                                                  Estimated Available Funds:                              (3) Employing more than 500 full-time                 (3) State and local taxes and fees,
                                               $15,000,000,000. Contingent upon the                    employees as of February 29, 2020.                       (4) Operating leases in effect as of
                                               availability of funds and the quality of                   d. Where an eligible entity is owned               February 15, 2020,
                                               applications, the SBA may make                          by a State or a political subdivision of                 (5) Payments required for insurance
                                               supplemental awards in FY 2021.                         a State, it—                                          on any insurance policy, and
                                                  Estimated Range of Awards:                              (1) must function as the eligible                     (6) Advertising, production
                                               $250,000—$10,000,000.                                   entity; and                                           transportation, and capital expenditures
                                                  Estimated Average Size of Awards:                       (2) cannot include entities of the State           related to producing a theatrical or live
                                               $1,000,000.                                             or political subdivision other than the               performing arts production, concert,
                                                  Maximum Award: No grant shall                        eligible entity.                                      exhibition, or comedy show, except that
                                               exceed $10 million and the combined                        e. The entity cannot present live                  a grant under this section may not be
                                               grants of an entity and its subsidiaries                performance of a prurient or sexual                   used primarily for such expenditures.
                                               may not exceed $10 million. The SBA                     nature and cannot derive more than 5%                    4. Funding Restrictions: An eligible
                                               will grant Initial Phase awards either to:              of its gross revenue, directly or                     person or entity may not use amounts
                                                  1. An eligible entity that was in                    indirectly, from the sale of products or              received under a grant for the following
                                               operation on January 1, 2019, the lesser                services or the presentation of any                   purposes:
                                               of an amount equal to 45% of their 2019                 depictions or displays that are of a                     (a) To purchase real estate;
                                               gross earned revenue; or                                prurient or sexual nature.                               (b) For payments of interest or
                                                  2. An eligible entity that began                        3. Cost Sharing or Matching: This                  principal on loans originated after
                                               operation after January 1, 2019, the                    grant does not require cost sharing or                February 15, 2020;
                                               lesser of the average monthly gross                     matching.                                                (c) To invest or re-lend funds;
                                               revenue for each full month the entity                     4. Subgrantees: A grantee under this                  (d) For contributions or expenditures
                                               was in operation during 2019 multiplied                 program may not award subgrants.                      to, or on behalf of, any political party,
                                               by 6; or                                                                                                      party committee, or candidate for
                                                                                                       IV. Application and Submission
                                                  3. $10 million.                                                                                            elective office; or
                                                  Estimated Number of Awards: 15,000.                  Instructions
                                                                                                                                                                (e) For any other use as may be




khammond on DSKJM1Z7X2PROD with NOTICES
                                                  Note: The SBA is not bound by any                      1. Application Submission                           prohibited by the Administrator.
                                               estimates in this notice.                               Instructions: All applications for this
                                                  Limits to Initial Grants to Affiliates:              grant will be submitted electronically                V. Application Review Information
                                               Not more than 5 business entities of an                 via SBA’s website. Please visit                         1. Review and Selection Process: The
                                               eligible person or entity that would be                 www.sba.gov/svogrant for information                  SBA will review complete applications
                                               considered affiliates under the                         on how to submit an application.                      in the order in which it receives them
                                               affiliation rules of the Administration                   2. Intergovernmental Review: This                   based on the established priorities and
                                               may receive a grant.                                    program is not subject to Executive                   the availability of funds. The SBA may


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                                               16274                           Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Notices

                                               decline incomplete applications or                      and audit reviews conducted by SBA,                   DEPARTMENT OF STATE
                                               applications failing to provide required                its agents, or contractors.
                                               documentation.                                             3. Reporting:                                      [Public Notice: 11387]
                                                  2. Risk Assessment and Specific                         (a) If you apply for a grant under this
                                                                                                       competition, you must ensure that you                 Notice of Charter Renewal for the
                                               Conditions: Consistent with 2 CFR
                                                                                                       have in place the necessary processes                 Shipping Advisory Committee
                                               200.205, before awarding grants under
                                               this competition, the SBA conducts a                    and systems to comply with the                          The official designation of this
                                               review of the risks posed by applicants.                reporting requirements in 2 CFR part                  advisory committee is the Shipping
                                               Under 2 CFR 3474.10, the Administrator                  170, should you receive funding under                 Coordinating Committee, hereinafter
                                               may impose specific conditions and, in                  the opportunity. This does not apply if               referred to as ‘‘the Committee.’’
                                               appropriate circumstances, high-risk                    you have an exception under 2 CFR                       The Committee is established under
                                               conditions on a grant if the applicant or               170.110(b).                                           the general authority of the Secretary of
                                               grantee is not financially stable; has a                   (b) After using all the funds awarded              State and the Department of State (‘‘the
                                               history of unsatisfactory performance;                  to you, you must submit a final report,               Department’’) as set forth in Title 22 of
                                               has a financial or other management                     including financial information, as                   the United States Code, in particular
                                               system that does not meet the standards                 directed by the Administrator.                        Section 2656 of that Title, and
                                               in 2 CFR part 200, subpart D; has not                      4. Documentation—Additional                        consistent with the Federal Advisory
                                               fulfilled the conditions of a prior grant;              documentation requirements that are                   Committee Act, as amended (5 U.S.C.
                                               or is otherwise not responsible.                        consistent with the eligibility and other             Appendix). The approval of this Charter
                                                  3. Integrity and Performance System:                 requirements under this NOFO,                         by the Acting Under Secretary of State
                                               If you are selected under this                          including requiring an eligible person or             for Management constitutes a
                                               opportunity to receive an award that                    entity that receives a grant under this               determination by the Secretary of State
                                               over the course of the project period                   funding opportunity to retain records                 that this Committee Charter is in the
                                               may exceed the simplified acquisition                   that document compliance with the                     public interest in connection with the
                                               threshold (currently $250,000), under 2                 requirements for grants under this                    performance of duties of the
                                               CFR 200.205(a)(2), we must make a                       program—                                              Department.
                                               judgment about your integrity, business                    (a) with respect to employment                       In accordance with Public Law 92–
                                               ethics, and record of performance under                 records, for the 4-year period following              463, Section 14, it has been formally
                                               Federal awards, that is, the risk posed                 receipt of the grant; and                             determined to be in the public interest
                                               by you as an applicant—-before we                          (b) with respect to other records, for             to continue the Charter for another two
                                               make an award. In doing so, we must                     the 3-year period following receipt of                years. The Charter was filed on March
                                               consider any information about you that                 the grant.                                            17, 2021.
                                               is in the integrity and performance                     VII. Other Information                                  For further information about the
                                               system (currently referred to as the                                                                          Committee, please contact Jeremy
                                               Federal Awardee Performance and                            Accessible Format: Individuals with
                                                                                                                                                             Greenwood, Executive Secretary,
                                               Integrity Information System (FAPIIS)),                 disabilities can obtain this document
                                                                                                                                                             Shipping Coordinating Committee, U.S.
                                               accessible through the System for                       and a copy of the application package in
                                                                                                                                                             Department of State, Office of Ocean
                                               Award Management. You may review                        an accessible format (e.g., braille, large
                                                                                                                                                             and Polar Affairs, at greenwoodjm@
                                               and comment on any information about                    print, audiotape, or compact disc) by
                                                                                                                                                             state.gov or by telephone at (202) 647–
                                               yourself that a Federal agency                          request to the program contact person
                                                                                                                                                             3946.
                                               previously entered and that is currently                listed under FOR FURTHER INFORMATION
                                                                                                       CONTACT.                                              Jeremy M. Greenwood,
                                               in FAPIIS.
                                                                                                          Electronic Access to This Document:                Executive Secretary, Shipping Coordinating
                                                  Please note that, if the total value of
                                                                                                       The official version of this document is              Committee, U.S. Department of State.
                                               your currently active grants, cooperative
                                                                                                       the document published in the Federal                 [FR Doc. 2021–06224 Filed 3–25–21; 8:45 am]
                                               agreements, and procurement contracts
                                                                                                       Register. You may access the official                 BILLING CODE 4710–09–P
                                               from the Federal Government exceeds
                                                                                                       edition of the Federal Register and the
                                               $10,000,000, the reporting requirements
                                                                                                       Code of Federal Regulations at
                                               in 2 CFR part 200, appendix XII, require
                                                                                                       www.govinfo.gov. At this site, you can                DEPARTMENT OF TRANSPORTATION
                                               you to report certain integrity
                                                                                                       view this document, as well as all other
                                               information to FAPIIS semiannually.
                                                                                                       documents of the SBA published in the                 Federal Highway Administration
                                               Please review the requirements in 2 CFR
                                                                                                       Federal Register, in text or Portable
                                               part 200, appendix XII, if this grant plus
                                                                                                       Document Format (PDF). To use PDF,                    Notice of Final Federal Agency Actions
                                               all the other Federal funds you receive
                                                                                                       you must have Adobe Acrobat Reader,                   on Proposed Highway in Idaho
                                               exceed $10,000,000.
                                                                                                       which is available for free at the site.
                                                                                                          You can also access documents of the               AGENCY: Federal Highway
                                               VI. Award Administration Information
                                                                                                       SBA published in the Federal Register                 Administration (FHWA), Department of
                                                  1. Award Notices: If your application                                                                      Transportation.
                                                                                                       by using the article search feature at:
                                               is successful, we will notify you via                                                                         ACTION: Notice of limitation on claims
                                                                                                       www.federalregister.gov. Specifically,
                                               electronic correspondence containing a                                                                        for judicial review of actions by FHWA.
                                                                                                       through the advanced search feature at
                                               link to access an electronic version of
                                                                                                       this site, you can limit your search to




khammond on DSKJM1Z7X2PROD with NOTICES
                                               your grant award notification.                                                                                SUMMARY: This notice announces actions
                                                                                                       documents published by the SBA.
                                                  If your application is not evaluated or                                                                    taken by the FHWA that are final. The
                                               not selected for funding, we will notify                  Dated: March 23, 2021.                              actions relate to a proposed highway
                                               you.                                                    Barbara E. Carson,                                    project, U.S. 20 at Targhee Pass,
                                                  2. Administrative and National Policy                Deputy Associate Administrator, Office of             specifically the section between its
                                               Requirements: If awarded funds under                    Disaster Assistance.                                  junction with Idaho State Highway 87
                                               this grant, the recipient must agree to                 [FR Doc. 2021–06338 Filed 3–25–21; 8:45 am]           and the Montana State line, milepost
                                               cooperate with all financial monitoring                 BILLING CODE 8026–03–P                                402.1 to 406.3 in Fremont County, State


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