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Business Loan Program Temporary Changes; Paycheck Protection Program as Amended by American Rescue Plan Act

Summary

An interim final rule of the U.S. Small Business Administration, published in the Federal Register (Vol. 86, No. 53) on Monday, March 22, 2021, that revises the Paycheck Protection Program rules to incorporate the American Rescue Plan Act of 2021, enacted March 11, 2021. The rule says the Act expanded eligibility for first and second draw PPP loans, revised the exclusions from payroll costs for loan forgiveness, and lets a PPP borrower that received a loan after December 27, 2020 be approved for a Shuttered Venue Operator Grant under certain conditions. It also clarifies first draw eligibility for applicants with a NAICS code beginning with 72 and more than one physical location. Eligible entities listed include 501(c)(3) nonprofits with not more than 500 employees per physical location and internet-only news publishers with no more than 300.

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Full text

                                                             Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Rules and Regulations                                           15083

                                          subsequent rulemaking. We may also                      congressional waiting period under                    SMALL BUSINESS ADMINISTRATION
                                          engage in a rulemaking that implements                  section 5.17(c)(1) of the Act.
                                          section 5.61C(h) of the Act, which                                                                            13 CFR Parts 120 and 121
                                          governs the chartering, termination, and                V. Regulatory Flexibility Act Analysis
                                                                                                  and Major Rule Conclusion                             [Docket Number SBA–2021–0013]
                                          dissolution of System bridge banks that
                                          enable FCSIC to handle the resolution of                                                                      RIN 3245–AH77
                                                                                                     Pursuant to section 605(b) of the
                                          one or more distressed FCS institutions.                Regulatory Flexibility Act (5 U.S.C. 601              Business Loan Program Temporary
                                          IV. Direct Final Rule                                   et seq.), FCA hereby certifies that the               Changes; Paycheck Protection
                                                                                                  direct final rule would not have a                    Program as Amended by American
                                             For the reasons discussed above, we                  significant economic impact on a                      Rescue Plan Act
                                          are rescinding the above-referenced                     substantial number of small entities.
                                          sections of part 627 subparts B                                                                               AGENCY: U.S. Small Business
                                                                                                  Each of the banks in the Farm Credit
                                          (Receivers and Receiverships) and C                                                                           Administration.
                                                                                                  System, considered together with its
                                          (Conservators and Conservatorships) by                                                                        ACTION: Interim final rule.
                                                                                                  affiliated associations, has assets and
                                          direct final rulemaking. The
                                          Administrative Conference of the                        annual income in excess of the amounts                SUMMARY: This interim final rule
                                          United States recommends direct final                   that would qualify them as small                      implements changes related to loans
                                          rulemakings for Federal agencies to                     entities. Therefore, Farm Credit System               made under the Paycheck Protection
                                          enact noncontroversial regulations on                   institutions are not ‘‘small entities’’ as            Program (PPP), which was originally
                                          an expedited basis, without the usual                   defined in the Regulatory Flexibility                 established under the Coronavirus Aid,
                                          notice and comment period.5 This                        Act.                                                  Relief, and Economic Security Act
                                          process enables us to reduce the time                      Under the provisions of the                        (CARES Act) to provide economic relief
                                          and resources we need to develop,                       Congressional Review Act (5 U.S.C. 801                to small businesses nationwide
                                          review, and publish a final rule while                  et seq.), the Office of Management and                adversely impacted by the Coronavirus
                                          still affording the public an adequate                  Budget’s Office of Information and                    Disease 2019 (COVID–19). On December
                                          opportunity to comment or object to the                 Regulatory Affairs has determined that                27, 2020, the Economic Aid to Hard-Hit
                                          rule.                                                   this direct final rule is not a ‘‘major               Small Businesses, Nonprofits, and
                                             In a direct final rulemaking, we notify                                                                    Venues Act (Economic Aid Act) was
                                                                                                  rule,’’ as the term is defined at 5 U.S.C.
                                          the public that the rule will become                                                                          enacted, extending the authority to
                                                                                                  804(2).
                                          effective on a specified date unless we                                                                       make PPP loans through March 31,
                                          receive a significant adverse comment                   List of Subjects in 12 CFR Part 627                   2021, revising certain PPP requirements,
                                          during the comment period. A                                                                                  and permitting second draw PPP loans.
                                                                                                    Agriculture, Banks, Banking, Claims,                On January 14, 2021, SBA published an
                                          significant adverse comment is one                      Rural areas.
                                          where the commenter explains why the                                                                          interim final rule that incorporated the
                                          rule would be inappropriate (including                    For the reasons stated in the                       Economic Aid Act amendments to the
                                          challenges to its underlying premise or                 preamble, part 627 of chapter VI, title 12            PPP and consolidated the interim final
                                          approach), ineffective, or unacceptable                 of the Code of Federal Regulations are                rules (and important guidance) that had
                                          without a change. In general, a                                                                               been issued governing borrower
                                                                                                  amended as follows:
                                          significant adverse comment would                                                                             eligibility, lender eligibility, and PPP
                                          raise an issue serious enough to warrant                PART 627— TITLE IV                                    application and origination
                                          a substantive response from the FCA in                  CONSERVATORS, RECEIVERS, AND                          requirements for PPP loans. On March
                                          a notice-and-comment proceeding.                        VOLUNTARY LIQUIDATIONS                                11, 2021, the American Rescue Plan Act
                                                                                                                                                        of 2021 (American Rescue Plan Act) was
                                             We believe that a direct final                                                                             enacted expanding eligibility for first
                                          rulemaking is the appropriate method                    ■ 1. The authority citation for part 627
                                                                                                                                                        and second draw PPP loans, revising the
                                          for rescinding above-referenced sections                continues to read as follows:                         exclusions from payroll costs for
                                          in subparts B and C of part 627 that are                  Authority: Secs. 4.2, 5.9, 5.10, 5.17, 5.51,        purposes of loan forgiveness, and
                                          superseded by the 2018 Farm Bill. We                    5.58, 5.61 of the Farm Credit Act (12 U.S.C.          providing that a PPP borrower that
                                          do not anticipate there will be                         2183, 2243, 2244, 2252, 2277a, 2277a–7,               receives a PPP loan after December 27,
                                          significant adverse comments because                    2277a–10).                                            2020 can be approved for a Shuttered
                                          this direct final rule implements recent                                                                      Venue Operator Grant under certain
                                          statutory amendments governing                          §§ 627.2725, 627.2726, 627.2730, 627.2740,            conditions. This interim final rule
                                          FCSIC’s numerous powers and duties as                   627.2745, 627.2750, 627.2752, 627.2755,
                                                                                                                                                        revises the PPP rules to incorporate the
                                          the conservator or receiver of System                   627.2760, and 627.2780 [Removed and
                                                                                                  Reserved]
                                                                                                                                                        American Rescue Plan Act’s
                                          institutions. If, however, we receive a                                                                       amendments to the PPP. Additionally,
                                          significant adverse comment during the                                                                        this interim final rule clarifies the
                                                                                                  ■ 2. Sections 627.2725, 627.2726,
                                          comment period, we will publish in the                                                                        eligibility for first draw PPP loans for
                                                                                                  627.2730, 627.2740, 627.2745, 627.2750,
                                          Federal Register a notice of withdrawal                                                                       applicants that are assigned a North
                                          of the relevant provisions of this rule                 627.2752, 627.2755, 627.2760, and
                                                                                                  627.2780 are removed and reserved.                    American Industry Classification
                                          that will also indicate how the agency                                                                        System (NAICS) code beginning with 72
                                          plans to proceed. If we receive no                        Dated: March 17, 2021.                              and have more than one physical
                                          significant adverse comments, we will                   Dale Aultman,                                         location and clarifies certain payroll
                                          publish notice of the effective date of                 Secretary, Farm Credit Administration Board.          cost exclusions included in the




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                                          the rule following the required                         [FR Doc. 2021–05860 Filed 3–19–21; 8:45 am]           Economic Aid Act.
                                                                                                  BILLING CODE 6705–01–P                                DATES:
                                            5 Recommendation 95–4, referencing the

                                          Administrative Procedure Act ‘‘good cause’’
                                                                                                                                                          Effective date: The provisions of this
                                          exemption at 5 U.S.C. 553(b)(B), adopted June 15,                                                             interim final rule are effective March 18,
                                          1995.                                                                                                         2021.


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                                          15084              Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Rules and Regulations

                                             Applicability date: The provisions of                (Second Draw PPP Loans) to eligible                    addition, this rule is being issued to
                                          this interim final rule incorporating the               borrowers under generally the same                     allow for immediate implementation of
                                          American Rescue Plan Act changes to                     terms and conditions available under                   these changes. The intent of the CARES
                                          the PPP apply to PPP loans approved,                    section 7(a)(36) of the Small Business                 Act, the Economic Aid Act, and the
                                          and loan forgiveness applications                       Act through March 31, 2021. The                        American Rescue Plan Act is that SBA
                                          submitted, on or after March 11, 2021.                  Economic Aid Act also redesignated                     provide relief to America’s small
                                             Comment date: Comments must be                       section 1106 of the CARES Act as                       businesses and nonprofit organizations
                                          received on or before April 21, 2021.                   section 7A of the Small Business Act, to               expeditiously. Given the urgent need to
                                          ADDRESSES: You may submit comments,                     appear after section 7 of the Small                    provide borrowers with timely relief
                                          identified by number SBA–2021–0013                      Business Act.                                          and the short period of time before the
                                          through the Federal eRulemaking Portal:                    SBA initially published an interim                  program ends on March 31, 2021, SBA
                                          http://www.regulations.gov. Follow the                  final rule implementing the PPP on                     has determined that it is impractical and
                                          instructions for submitting comments.                   April 15, 2020 and subsequently issued                 not in the public interest to provide a
                                             SBA will post all comments on                        additional interim final rules. On                     30-day delayed effective date. An
                                          www.regulations.gov. If you wish to                     January 14, 2021, SBA published                        immediate effective date will allow SBA
                                          submit confidential business                            interim final rules implementing the                   to give small businesses and nonprofit
                                          information (CBI) as defined in the User                Economic Aid Act amendments to the                     organizations affected by this interim
                                          Notice at www.regulations.gov, please                   PPP.1 On February 5, 2021, SBA                         final rule the maximum amount of time
                                          send an email to ppp-ifr@sba.gov. All                   published an additional interim final                  to apply for loans and lenders the
                                          other comments must be submitted                        rule implementing Economic Aid Act                     maximum amount of time to process
                                          through the Federal eRulemaking Portal                  changes related to the forgiveness and                 applications before the program ends.
                                          described above. Highlight the                          review of PPP loans.2 Following the                    This good cause justification also
                                          information that you consider to be CBI                 publication of the interim final rules                 supports waiver of the 60-day delayed
                                          and explain why you believe SBA                         implementing the Economic Aid Act,                     effective date for major rules under the
                                          should hold this information as                         SBA published another interim final                    Congressional Review Act at 5 U.S.C.
                                          confidential. SBA will review the                       rule revising certain loan amount                      808(2). Although this interim final rule
                                          information and make the final                          calculation and eligibility provisions of              is effective immediately, comments are
                                          determination whether it will publish                   those rules.3 As described below, this                 solicited from interested members of the
                                          the information.                                        interim final rule further revises the                 public on all aspects of the interim final
                                          FOR FURTHER INFORMATION CONTACT: A                      consolidated interim final rule                        rule.
                                          Call Center Representative at 833–572–                  implementing updates to the PPP, the                      These comments must be submitted
                                          0502, or the local SBA Field Office; the                interim final rule on second draw PPP                  on or before April 21, 2021. SBA will
                                          list of offices can be found at https://                loans, and the consolidated interim final              consider these comments and the need
                                          www.sba.gov/tools/local-assistance/                     rule on loan forgiveness requirements                  for making any revisions as a result of
                                          districtoffices.                                        and loan review procedures, by                         these comments.
                                          SUPPLEMENTARY INFORMATION:
                                                                                                  incorporating the expanded eligibility                 III. Paycheck Protection Program as
                                                                                                  for First Draw and Second Draw PPP                     Amended by the American Rescue Plan
                                          I. Background Information                               Loans and the exclusions from payroll                  Act
                                             On March 27, 2020, the Coronavirus                   costs that may be forgiven enacted in
                                          Aid, Relief, and Economic Security Act                  the American Rescue Plan Act (Pub. L.                  1. Eligibility, Size, Affiliation Waivers,
                                          (the CARES Act) (Pub. L. 116–136) was                   117–2); confirming that First Draw PPP                 and Certifications
                                          enacted to provide emergency assistance                 Loan applicants that are assigned a                       Part III.B.1. of the consolidated
                                          and health care response for                            NAICS code beginning with 72 and that                  interim final rule implementing updates
                                          individuals, families, and businesses                   employ no more than 500 employees                      to the PPP identifies the businesses,
                                          affected by the coronavirus disease 2019                per physical location are eligible; and                organizations, and individuals that are
                                          (COVID–19) pandemic. Section 1102 of                    clarifying certain forgiveness payroll                 eligible for First Draw PPP Loans,
                                          the CARES Act temporarily permitted                     cost exclusions in the Economic Aid                    including the applicable size standards.
                                          the Small Business Administration                       Act.                                                   Part III.B.3. of that rule sets forth the
                                          (SBA) to guarantee 100 percent of 7(a)                  II. Comments and Immediate Effective                   affiliation rules generally applicable to
                                          loans under a new program titled the                    Date                                                   PPP loans, including the affiliation
                                          ‘‘Paycheck Protection Program,’’                                                                               waivers available to certain businesses
                                          pursuant to section 7(a)(36) of the Small                  This interim final rule is being issued             and organizations. The American
                                          Business Act (15 U.S.C. 636(a)(36))                     without advance notice and public                      Rescue Plan Act expands eligibility to
                                          (First Draw PPP Loans). Section 1106 of                 comment because section 1114 of the                    additional businesses and organizations
                                          the CARES Act provided for forgiveness                  CARES Act and section 303 of the                       and revises size standards and adds
                                          of up to the full principal amount of                   Economic Aid Act authorize SBA to                      affiliation waivers for certain eligible
                                          qualifying loans guaranteed under the                   issue regulations to implement the                     businesses and organizations.
                                          Paycheck Protection Program (PPP).                      Paycheck Protection Program without                       The American Rescue Plan Act also
                                             On December 27, 2020, the Economic                   regard to notice requirements. In                      revises section 324 of the Economic Aid
                                          Aid to Hard-Hit Small Businesses,                          1 86 FR 3692 (Jan. 14, 2021) (which we refer to
                                                                                                                                                         Act to provide that businesses that
                                          Nonprofits and Venues Act (Economic                     as the ‘‘consolidated interim final rule
                                                                                                                                                         receive a PPP loan after December 27,
                                          Aid Act) (Pub. L. 116–260) was enacted.                 implementing updates to the PPP’’); 86 FR 3712         2020 are no longer ineligible for a




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                                          The Economic Aid Act reauthorized                       (Jan. 14, 2021) (which we refer to as the ‘‘interim    Shuttered Venue Operator (SVO) Grant
                                          lending under the PPP through March                     final rule on second draw PPP loans’’).                under certain conditions. Specifically, if
                                                                                                     2 86 FR 8283 (Feb. 5, 2021) (which we refer to as
                                          31, 2021. The Economic Aid Act added                                                                           a PPP borrower receives a First Draw or
                                                                                                  the ‘‘consolidated interim final rule on loan
                                          a new temporary section 7(a)(37) to the                 forgiveness requirements and loan review               Second Draw PPP Loan after December
                                          Small Business Act, which authorizes                    procedures’’).                                         27, 2020, the amount of any
                                          SBA to guarantee additional PPP loans                      3 86 FR 13149 (March 8, 2021).                      subsequently-approved SVO grant will


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                                                              Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Rules and Regulations                                                   15085

                                          be reduced by the amount of the First                       • an independent contractor, eligible self-             • another type of entity specifically
                                          Draw or Second Draw PPP Loan. (If a                      employed individual, or sole proprietor;                provided for by PPP rules (as described
                                          PPP borrower receives both a First Draw                     • a business concern, a tax-exempt                   below); and
                                                                                                   nonprofit organization described in section                ii. you were in operation on February 15,
                                          and a Second Draw PPP Loan after                         501(c)(3) of the Internal Revenue Code (IRC),           2020, and either had employees for whom
                                          December 27, 2020, the amount of any                     a tax-exempt veterans organization described            you paid salaries and payroll taxes or paid
                                          subsequently-approved SVO grant will                     in section 501(c)(19) of the IRC, a Tribal              independent contractors, as reported on a
                                          be reduced by the combined amount of                     business concern described in section                   Form 1099–MISC or you were an eligible
                                          both PPP loans.) However, because                        31(b)(2)(C) of the Small Business Act, and              self-employed individual, independent
                                          sections 7(a)(36)(U) and                                 you employ no more than the greater of 500              contractor, or sole proprietorship with no
                                          7(a)(37)(A)(iv)(III)(ee) of the Small                    employees or, if applicable, the size standard          employees.
                                                                                                   in number of employees established by SBA                  You must submit documentation sufficient
                                          Business Act were not amended by the
                                                                                                   in 13 CFR 121.201;                                      to establish eligibility and to demonstrate the
                                          American Rescue Plan Act, if a PPP                          • a housing cooperative that employs no              qualifying payroll amount, which may
                                          applicant is approved for an SVO grant                   more than 300 employees and meets the                   include, as applicable, payroll records,
                                          before SBA issues a loan number for the                  criteria described in subsection B.1.g.v. of the        payroll tax filings, Form 1099–MISC,
                                          PPP loan, the applicant is ineligible for                consolidated interim final rule implementing            Schedule C or F, income and expenses from
                                          the PPP loan and acceptance of any PPP                   updates to the PPP, as amended by this                  a sole proprietorship, or bank records.
                                          loan proceeds will be considered an                      interim final rule;                                     *      *      *     *     *
                                          unauthorized use.                                           • a business concern that is assigned a                 The American Rescue Plan Act
                                                                                                   North American Industry Classification
                                             In addition, SBA is making a                                                                                  expands eligibility for PPP loans to tax-
                                                                                                   System (NAICS) code beginning with 72 that
                                          clarifying change to the list of eligible                employs no more than 500 employees per                  exempt organizations described in any
                                          entities for First Draw PPP Loans by                     physical location;                                      paragraph of section 501(c) of the
                                          adding businesses with a NAICS code                         • an eligible section 501(c)(6) organization         Internal Revenue Code of 1986, except
                                          beginning with 72 that employ no more                    or an eligible destination marketing                    for section 501(c)(4). Thus, subsections
                                          than 500 employees per physical                          organization,6 that employs no more than 300            III.B.1.g.iii. and iv. of the consolidated
                                          location. These entities are included in                 employees per physical location;                        interim final rule implementing updates
                                          section 7(a)(36)(D)(iii) of the Small                       • a news organization that is majority
                                                                                                   owned or controlled by a NAICS code 511110
                                                                                                                                                           to the PPP, which describe the
                                          Business Act (15 U.S.C.                                  or 5151 business or a nonprofit public                  eligibility of electric cooperatives and
                                          636(a)(36)(D)(iii)), as amended by the                   broadcasting entity with a trade or business            telephone cooperatives that are exempt
                                          CARES Act, and are addressed in                          under NAICS 511110 or 5151, that employs                from Federal income taxation under
                                          section B.3. of the consolidated interim                 no more than 500 employees (or, if                      section 501(c)(12) of the Internal
                                          final rule implementing updates to the                   applicable, the size standard in number of              Revenue Code, are no longer necessary.
                                          PPP. Because the omission of these                       employees established by SBA in 13 CFR                  For PPP loans made after the effective
                                          entities from the list of eligible entities              121.201 for your industry) per location;
                                                                                                      • a tax-exempt non-profit organization
                                                                                                                                                           date of this interim final rule, such
                                          could cause borrower confusion, SBA is                   described in section 501(c)(3) of the Internal          organizations will be eligible as set forth
                                          revising subsection B.1.a. to add these                  Revenue Code that employs not more than                 in a new subsection for tax-exempt
                                          entities.                                                500 employees per physical location of the              organizations under any paragraph of
                                             Therefore, Part III.B.1.a. (86 FR 3692,               organization;                                           section 501(c) of the Internal Revenue
                                          3695) of the consolidated interim final                     • a tax-exempt nonprofit organization                Code (other than paragraph (3), (4), (6),
                                          rule implementing updates to the PPP is                  described in any paragraph of section 501(c)            or (19)) discussed immediately below.
                                          revised to read as follows:                              of the Internal Revenue Code of 1986, other             With the new statutory change, the size
                                                                                                   than paragraph (3), (4), (6), or (19) that
                                            1. What businesses, organizations, and                 employs not more than 300 employees per                 eligibility requirements for electric and
                                          individuals are eligible?                                physical location and meets the criteria                telephone cooperatives have changed as
                                            a. Am I eligible? 2 3                                  described in subsection B.1.g.iii. of the               well. Previously, these entities were
                                            You are eligible for a PPP loan if:                    consolidated interim final rule implementing            eligible if they had no more than 500
                                            i. You, together with any affiliates (if               updates to the PPP, as amended by this                  employees, met the employee-based
                                          applicable),4 are:                                       interim final rule;
                                            • A small business concern under the
                                                                                                                                                           SBA size standard for their industry (if
                                                                                                      • a business concern or other organization           higher), or met SBA’s alternative size
                                          applicable revenue-based size standard                   that is assigned a NAICS code of 519130,
                                          established by SBA in 13 CFR 121.201 for                 certifies in good faith as an internet-only
                                                                                                                                                           standard. For PPP loans made after the
                                          your industry or under the SBA alternative               news publisher or internet-only periodical              effective date of this interim final rule,
                                          size standard; 5                                         publisher, and is engaged in the collection             these entities are eligible if they have no
                                                                                                   and distribution of local or regional and               more than 300 employees per physical
                                             2 See interim final rule on Second Draw PPP
                                                                                                   national news and information, that employs             location, and these entities are no longer
                                          Loans for eligibility criteria for Second Draw PPP       not more than 500 employees (or the size                permitted to use the employee-based
                                          Loans, which was published separately. 86 FR 3712        standard in number of employees established
                                          (January 14, 2021).                                                                                              SBA size standard for their industry or
                                                                                                   by SBA in 13 CFR 121.201 for NAICS code
                                             3 This subsection was originally published at 85
                                                                                                   519130) per physical location, and meets the
                                                                                                                                                           SBA’s alternative size standard to
                                          FR 20811, subsection III.2.a. (April 15, 2020), as       criteria described in subsection B.1.g.iv. of           determine size.
                                          amended by 85 FR 36308 (June 16, 2020), 85 FR
                                                                                                   the consolidated interim final rule                        Therefore, Part III.B.1.g. of the
                                          36717 (June 18, 2020), and 85 FR 38301 (June 26,                                                                 consolidated interim final rule
                                          2020), and has been modified to reflect subsequent       implementing updates to the PPP, as
                                          rules or guidance, the Economic Aid Act, and the         amended by this interim final rule; or                  implementing updates to the PPP (86 FR
                                          American Rescue Plan Act.                                                                                        3692, 3696–3697) is revised by
                                             4 See subsection B.3 of the consolidated interim      losses) for the two full fiscal years before the date   replacing subsections B.1.g.iii. and iv. of
                                          final rule implementing updates to the PPP               of application is not more than $5 million.             the industry-specific eligibility issues
                                          regarding the applicability of affiliation rules at 13     6 See subsections B.1.g.vii. and B.1.g.viii for
                                                                                                                                                           with two new subsections to read as




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                                          CFR 121.103 and 121.301 to PPP loans.                    additional information on the eligibility of section
                                             5 Under SBA’s alternative size standard, a            501(c)(6) organizations, and destination marketing      follows:
                                          business concern may qualify as a small business         organizations. As amended by the American Rescue            g. Industry-Specific Eligibility Issues
                                          concern if it, together with any affiliates: (1) Has a   Plan Act, the applicable size standard for section
                                          maximum tangible net worth of not more than $15          501(c)(6) organizations and destination marketing       *       *       *    *      *
                                          million; and (2) the average net income after            organizations is not more than 300 employees per          iii. Are tax-exempt nonprofit organizations
                                          Federal income taxes (excluding any carry-over           physical location.                                      described in any paragraph of section 501(c)



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                                          15086               Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Rules and Regulations

                                          of the Internal Revenue Code of 1986, other              employees (or the size standard in number of          amended by this interim final rule, is
                                          than paragraph (3), (4), (6), or (19), eligible          employees established by SBA in 13 CFR                revised to read as follows:
                                          for PPP loans? 17                                        121.201 for NAICS code 519130) per physical
                                             Yes. An organization described in any                 location; and (5) certifies in good faith that
                                                                                                                                                         *     *     *    *      *
                                          paragraph of section 501(c) of the Internal                                                                       viii. Your business is an issuer, the
                                                                                                   proceeds of the loan will be used to support
                                          Revenue Code of 1986, other than paragraph                                                                     securities of which are listed on an exchange
                                                                                                   expenses at the component of the business
                                          (3), (4), (6), or (19) and exempt from tax                                                                     registered as a national securities exchange
                                                                                                   concern or organization that supports local or
                                          under section 501(a) of such Code, is eligible                                                                 under section 6 of the Securities Exchange
                                                                                                   regional news.20
                                          for a PPP loan if: (1) The organization does                                                                   Act of 1934 (15 U.S.C. 78f) 32 (SBA will not
                                                                                                   *      *     *     *     *                            consider whether a news organization that is
                                          not receive more than 15 percent of its
                                          receipts from lobbying activities; (2) the                  To implement the American Rescue                   eligible under the conditions described in
                                          lobbying activities of the organization do not           Plan Act provision that allows                        subsection 1.f. and 1.g.vi. or an internet
                                          comprise more than 15 percent of the total               businesses to receive both a Shuttered                publishing organization that is eligible under
                                          activities of the organization; (3) the cost of          Venue Operator (SVO) Grant and a PPP                  the conditions described in subsection 1.g.iv.
                                          the lobbying activities of the organization did                                                                is affiliated with an entity, which includes
                                                                                                   loan under certain conditions, Part
                                          not exceed $1,000,000 during the most recent                                                                   any entity that owns or controls such news
                                                                                                   III.B.2.a.vi. of the consolidated interim             organization or internet publishing
                                          tax year of the organization that ended prior            final rule implementing updates to the
                                          to February 15, 2020; and (4) the organization                                                                 organization, that is an issuer 33);
                                                                                                   PPP (86 FR 3692, 3698) is revised to
                                          employs not more than 300 employees.18                                                                         *    *     *      *     *
                                          However, this does not include any
                                                                                                   read as follows:                                        Also, Part III.B.12.vi. of the
                                          organization that, if the organization were a               2. What businesses, organizations, and             consolidated interim final rule
                                          business concern, would be described in 13               individuals are ineligible?                           implementing updates to the PPP (86 FR
                                          CFR 120.110 (or any successor regulation or                 a. Could I be ineligible even if I meet the        3692, 3706) is revised to read as follows:
                                          other related guidance or rule that may be               eligibility requirements in section 1? 28
                                          issued by SBA) other than a business concern                You are ineligible for a PPP loan if, for            12. What certifications need to be made?
                                          described in paragraph (a) or (k) of such                example:                                                On the PPP borrower application, an
                                          section. Tax-exempt organizations described                                                                    authorized representative of the applicant
                                                                                                   *      *      *      *       *                        must certify in good faith to all of the below:
                                          in section 501(c)(3), 501(c)(6) and 501(c)(19)             vi. You or your business have been
                                          of the Internal Revenue Code of 1986 have                approved for a grant under the Shuttered              *        *       *    *     *
                                          separate eligibility requirements described              Venue Operator (SVO) Grant Program under                 vi. The Applicant has not been approved
                                          elsewhere in this rule. Tax-exempt                       section 324 of the Economic Aid Act. (If you          for a Shuttered Venue Operator (SVO) grant
                                          organizations described in section 501(c)(4)             receive a PPP loan after December 27, 2020            from SBA as of the date of this loan
                                          of the Internal Revenue Code of 1986 are                 and you are subsequently approved for an              application, and the Applicant acknowledges
                                          ineligible for a PPP loan.                               SVO grant, the amount of the SVO grant                that if the Applicant is approved for an SVO
                                             iv. Are internet publishing organizations             received will be reduced by the amount of a           grant before SBA issues a loan number for
                                          eligible for PPP loans? 19                               First Draw or Second Draw PPP Loan. If you            this loan, the Applicant is ineligible for the
                                             Yes. A business concern or other                      receive both a First Draw and Second Draw             loan and acceptance of any loan proceeds
                                          organization that was not eligible to receive            PPP Loan after December 27, 2020 and you              will be considered an unauthorized use.
                                          a PPP loan before March 11, 2021, is eligible            are subsequently approved for an SVO grant,
                                          for a PPP loan if it: (1) Is assigned a NAICS                                                                     Part III.B.3. of the consolidated
                                                                                                   the SVO grant will be reduced by the                  interim final rule implementing updates
                                          code of 519130; (2) certifies in good faith that         combined amounts of both PPP loans. A PPP
                                          it is an internet-only news publisher or                                                                       to the PPP describes the affiliation rules
                                                                                                   loan received before December 27, 2020 will
                                          internet-only periodical publisher; (3) is               not reduce the amount of the SVO grant.) 30
                                                                                                                                                         generally applicable to PPP loans (86 FR
                                          engaged in the collection and distribution of                                                                  3692, 3698–3699). The American
                                          local or regional and national news and                     As noted above, the American Rescue                Rescue Plan Act adds affiliation waivers
                                          information; (4) employs not more than 500               Plan Act added affiliation waivers for                for certain businesses and organizations.
                                                                                                   certain eligible organizations with                   Therefore, footnote 40 in part III.B.3.a.
                                             17 This subsection was originally published at 85
                                                                                                   respect to PPP loans. To implement the                is revised to read as follows:
                                          FR 29847, subsection III.1. (May 19, 2020) and has       additional affiliation waiver applicable
                                          been revised to conform to the American Rescue                                                                    Paragraph 7(a)(36)(D)(iv) of the Small
                                          Plan Act. Section 7(a)(36)(D)(ix) of the Small           to eligible internet publishing                       Business Act (15 U.S.C. 636(a)(36)(D)(iv)), as
                                          Business Act (15 U.S.C. 636(a)(36)(D)(ix)) as            organizations, the parenthetical at the               added by the CARES Act and amended by
                                          amended by the American Rescue Plan Act adds             end of Part III.B.2.a.viii. of the                    the Economic Aid Act and the American
                                          ‘‘additional covered nonprofit entities’’ to the         consolidated interim final rule                       Rescue Plan Act, waives the affiliation rules
                                          eligible entities for First Draw PPP Loans. The term
                                          ‘‘additional covered nonprofit entities’’ is defined     implementing updates to the PPP (86 FR                contained in § 121.103 for (1) any business
                                          in section 7(a)(36)(A)(xvii) as ‘‘an organization        3692, 3698) is revised to include a                   concern with not more than 500 employees
                                          described in any paragraph of section 501(c) of the      reference to B.1.g.iv, which describes                that, as of the date on which the loan is
                                          Internal Revenue Code of 1986, other than                the conditions under which such                       disbursed, is assigned a North American
                                          paragraph (3), (4), (6), or (19), and exempt from tax                                                          Industry Classification System code
                                          under section 501(a) of such Code; and does not          internet publishing companies are
                                                                                                                                                         beginning with 72; (2) any business concern
                                          include any entity that, if the entity were a business   eligible. Therefore, Part III.B.2.a.viii of           operating as a franchise that is assigned a
                                          concern, would be described in section 120.110 of        the consolidated interim final rule                   franchise identifier code by the
                                          title 13, Code of Federal Regulations (or in any         implementing updates to the PPP, as
                                          successor regulation or other related guidance that                                                            Administration; (3) any business concern that
                                          may be issued by the Administrator) other than a                                                               receives financial assistance from a company
                                          business concern described in paragraph (a) or (k)         20 See section 7(a)(36)(D)(iii)(IV) of the Small

                                          of such section.’’                                       Business Act as amended by the American Rescue          32 Added to conform to section 342 of the
                                             18 For such entities with more than one physical      Plan Act.                                             Economic Aid Act, which also added the following
                                          location, section 7(a)(36)(D)(iii)(III) of the Small       28 This subsection was originally published at 85   definitions to paragraph 7(a)(36)(A) of the Small
                                          Business Act (15 U.S.C. 636(a)(36)(D)(iii)(III)), as     FR 20811, subsection III.2.a. (April 15, 2020), and   Business Act (15 U.S.C. 636(a)(36)(A)): ‘‘(xvi) the
                                          amended by section 5001 of the American Rescue           amended by 85 FR 36308 (June 16, 2020), 85 FR         terms ‘exchange’, ‘issuer’, and ‘security’ have the




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                                          Plan Act, provides that such entities with more than     36717 (June 18, 2020), 85 FR 38301 (June 26, 2020),   meanings given those terms in section 3(a) of the
                                          one physical location are eligible if they employ not    and 86 FR 13149 (March 8, 2021), and has been         Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).’’
                                          more than 300 employees per physical location.           modified to conform to subsequent interim final       This provision applies to loans made on or after
                                             19 This subsection was originally published at 85     rules or guidance, the Economic Aid Act, the          December 27, 2020.
                                          FR 35550, subsection III.1. (June 11, 2020) and has      American Rescue Plan Act and for readability.           33 See section 317 of the Economic Aid Act, as

                                          been revised to conform with the American Rescue           30 This subsection has been revised to conform to   amended by section 5001 of the American Rescue
                                          Plan Act.                                                section 5005 of the American Rescue Plan Act.         Plan Act.



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                                                             Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Rules and Regulations                                               15087

                                          licensed under section 301 of the Small                 independent contractor, eligible self-                of the loan will be used to support expenses
                                          Business Investment Act of 1958 (15 U.S.C.              employed individual, sole proprietor,                 at the component of the business concern or
                                          681); (4)(a) any business concern (including            nonprofit organization eligible for a First           organization that supports local or regional
                                          any station which broadcasts pursuant to a              Draw PPP Loan, veterans organization, Tribal          news.
                                          license granted by the Federal                          business concern, housing cooperative, small
                                          Communications Commission under title III               agricultural cooperative, eligible 501(c)(6)
                                                                                                                                                           Part IV.(d) of the interim final rule on
                                          of the Communications Act of 1934 (47                   organization or destination marketing                 second draw PPP loans states that
                                          U.S.C. 301 et seq.) without regard for whether          organization, an eligible nonprofit news              eligibility for Second Draw PPP Loans is
                                          such a station is a concern as defined in               organization, additional covered nonprofit            governed by the same affiliation rules
                                          § 121.105 of title 13, Code of Federal                  entity, or eligible internet publishing               (and waivers) as First Draw PPP Loans,
                                          Regulations, or any successor thereto) that             company 33 that:                                      except as described in subsection (d)(2).
                                          employs not more than 500 employees, or the                (i) Previously received a First Draw PPP           The American Rescue Plan Act revised
                                          size standard established by the                        loan in accordance with the eligibility               the affiliation waivers for First Draw
                                          Administrator for the North American                    criteria in the Consolidated First Draw PPP
                                          Industry Classification System code                     IFR (as amended);                                     and Second Draw PPP Loans. Although
                                          applicable to the business concern, per                    (ii) has used, or will use, the full amount        the American Rescue Plan Act did not
                                          physical location of such business concern              of its First Draw PPP Loan (including the             amend section 7(a)(37)(E)(ii) of the
                                          and is majority owned or controlled by a                amount of any increase on such First Draw             Small Business Act (15 U.S.C.
                                          business concern that is assigned a North               PPP Loan) on authorized uses under                    636(a)(37)(E)(ii)) to substitute ‘‘not more
                                          American Industry Classification System                 subsection B.11. of the Consolidated First            than 300 employees’’ for ‘‘not more than
                                          code beginning with 511110 or 5151; or (b)              Draw PPP IFR on or before the expected date           500 employees’’ in subclause (V) of
                                          any nonprofit organization that is assigned a           on which the Second Draw PPP Loan will be
                                          North American Industry Classification                  disbursed;
                                                                                                                                                        section 7(a)(36)(D)(iv) of the Small
                                          System code beginning with 5151; and (5)                   (iii) employs not more than 300 employees,         Business Act (15 U.S.C.
                                          any business concern or organization that is            unless it satisfies the alternative criteria for      636(a)(36)(D)(iv)), as section
                                          assigned a NAICS code of 519130, certifies in           businesses with a North American Industry             7(a)(37)(E)(ii) does for eligible news
                                          good faith as an internet-only news publisher           Classification System (‘‘NAICS’’) code                organizations, SBA is doing so here to
                                          or internet-only periodical publisher, and is           beginning with 72, eligible news                      harmonize the affiliation waiver for
                                          engaged in the collection and distribution of           organizations, (501)(c)(3) nonprofit                  internet publishing organizations with
                                          local or regional and national news and                 organizations, additional covered nonprofit
                                          information, if the business concern or                 entities, 501(c)(6) organizations, eligible
                                                                                                                                                        the 300 employees per location size
                                          organization employs not more than 500                  destination marketing organizations, and              standard for Second Draw PPP Loans to
                                          employees (or the size standard in number of            eligible internet publishing organizations            internet publishing organizations.
                                          employees established by SBA in 13 CFR                  with more than one physical location                     Therefore, Part IV.(d)(2) of the interim
                                          121.201 for NAICS code 519130) per physical             described in subsection (c)(3), (c)(4), (c)(5), or    final rule on second draw PPP loans (86
                                          location, and is majority owned or controlled           (c)(6) of this section; and                           FR 3712, 3718) is revised by adding a
                                          by a business concern or organization that is              (iv) (A) experienced a reduction in revenue        new subsection (iii) to read as follows:
                                          assigned NAICS 519130. This interim final               in calendar year 2020, measured as follows:
                                          rule has no effect on these statutory waivers,                                                                  (d) How do SBA’s affiliation rules affect an
                                                                                                  *     *     *     *     *                             applicant’s eligibility for a Second Draw PPP
                                          which remain in full force and effect. As a               Part IV.(c) of the interim final rule on
                                          result, the affiliation rules contained in                                                                    Loan?
                                                                                                  second draw PPP loans (86 FR 3712,
                                          § 121.301 also do not apply to these types of                                                                 *        *       *    *   *
                                          entities. In addition, paragraph 7(a)(36)(D) of         3718) also is revised by adding two new                 (iii) Any business concern or other
                                          the Small Business Act (15 U.S.C.                       subsections at the end to read as                     organization that was not eligible to receive
                                          636(a)(36)(D)), as amended by section 342 of            follows:                                              a covered loan before March 11, 2021, is
                                          the Economic Aid Act and section 5001 of                   (5) An entity is eligible for a Second Draw        assigned a NAICS code of 519130, certifies in
                                          the American Rescue Plan Act states that,               PPP Loan if it is a 501(c)(3) nonprofit               good faith as an internet-only news publisher
                                          with respect to a business concern made                 organization, an additional covered nonprofit         or internet-only periodical publisher, and is
                                          eligible under paragraph 7(a)(36)(D)(iii)(II) or        entity, an eligible 501(c)(6) organization, or        engaged in the collection and distribution of
                                          (IV) or 7(a)(36)(D)(iv)(IV) or (V) (certain news        an eligible destination marketing                     local or regional and national news and
                                          organizations and internet publishing                   organization and it employs not more than             information, if the business concern or
                                          organizations), the Administrator shall not             300 employees per physical location of the            organization:
                                          consider whether any affiliated entity, which           entity or organization.                                 (A) Employs not more than 300 employees,
                                          for purposes of this subclause shall include               (6) A business concern or other                    per physical location of the business concern
                                          any entity that owns or controls such                   organization that was not eligible to receive         or organization; and
                                          business concern or organization, is an issuer          a covered loan before March 11, 2021, is                (B) is majority owned or controlled by a
                                          as defined in subsection III.B.2.a.viii.                eligible to receive a Second Draw PPP Loan            busines concern or organization that is
                                             Part IV.(c) of the interim final rule on             for the continued provision of news,                  assigned a NAICS code of 519130.
                                          second draw PPP loans sets forth who                    information, content, or emergency                      In order to implement the American
                                                                                                  information if it is assigned a NAICS code of
                                          is eligible for a Second Draw PPP Loan.                                                                       Rescue Plan Act provision that allows
                                                                                                  519130, certifies in good faith as an internet-
                                          The American Rescue Plan Act                            only news publisher or internet-only                  businesses to receive both a Shuttered
                                          amended the eligibility criteria for a                  periodical publisher, and is engaged in the           Venue Operator (SVO) Grant and a PPP
                                          Second Draw PPP Loan similarly to the                   collection and distribution of local or               loan, part IV.(e)(5) of the interim final
                                          amendments discussed above for First                    regional and national news and information,           rule on second draw PPP loans (86 FR
                                          Draw PPP Loans. Therefore, part                         and:                                                  3712, 3719) is revised to read as follows:
                                          IV.(c)(1) of the interim final rule on                     (i) The business concern or organization
                                                                                                  employs not more than 300 employees per                  (e) Who is not eligible for a Second Draw
                                          second draw PPP loans (86 FR 3712,                                                                            PPP Loan?
                                          3717) is revised to read as follows:                    physical location of the business concern or
                                                                                                  organization; and                                        An applicant is not eligible for a Second
                                            (c) Who is eligible for a Second Draw PPP                (ii) the business concern or organization          Draw PPP Loan, even if it meets the




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                                          Loan?                                                   makes a good faith certification that proceeds        eligibility requirements of subsection (c) of
                                            Subject to subsection (e) of this section,                                                                  this section, if the applicant is:
                                          below, the following applicants are eligible              33 All terms in this subsection have the same       *        *       *    *   *
                                          for Second Draw PPP Loans:                              definitions as in sections 7(a)(36) and (37) of the     (5) any person or entity that has been
                                            (1) An applicant is eligible for a Second             Small Business Act and the Consolidated First         approved for a grant under the Shuttered
                                          Draw PPP Loan if it is a business concern,              Draw PPP IFR, as applicable.                          Venue Operator (SVO) Grant Program under



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                                          15088              Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Rules and Regulations

                                          section 324 of the Economic Aid Act. (If you            in part III.B.14 of the consolidated                  procedures describes the amount
                                          receive a PPP loan after December 27, 2020              interim final rule implementing updates               eligible for loan forgiveness for
                                          and you are subsequently approved for an                to the PPP (86 FR 3692, 3706) reading                 individuals with self-employment
                                          SVO grant, the amount of the SVO grant
                                                                                                  ‘‘[p]ayroll costs that are qualified wages            income who file an IRS Form 1040,
                                          received will be reduced by the amount of a
                                          First Draw or Second Draw PPP Loan. If you              taken into account in determining the                 Schedule C or F. The last clause of part
                                          receive both a First Draw and Second Draw               Employer Retention Credit are not                     IV.1.b.i (86 FR 8283, 8287) is revised to
                                          PPP Loan after December 27, 2020 and you                eligible for loan forgiveness,’’ is revised           read ‘‘but excluding any qualified wages
                                          are subsequently approved for an SVO grant,             to read ‘‘The following payroll costs are             taken into account in determining the
                                          the SVO grant will be reduced by the                    not eligible for loan forgiveness: (a)                CARES Act Employee Retention Credit,
                                          combined amounts of both PPP loans. A PPP               Qualified wages taken into account in                 ARP Employee Retention Credit, or the
                                          loan received prior to December 27, 2020 will           determining (i) the Employee Retention                Disaster Credit or premiums for COBRA
                                          not reduce the amount of the SVO grant.)
                                                                                                  Credit under section 2301 of the CARES                Continuation Coverage.’’
                                             As noted above, the American Rescue                  Act, as amended by section 206 of the
                                          Plan Act added affiliation waivers for                                                                        3. Additional Information
                                                                                                  Taxpayer Certainty and Disaster Tax
                                          certain eligible organizations with                     Relief Act of 2020 (Relief Act), (ii) the                SBA may provide further guidance, if
                                          respect to PPP loans. To implement the                  Employee Retention Credit under                       needed, through SBA notices that will
                                          additional affiliation waiver applicable                section 3134 of the Internal Revenue                  be posted on SBA’s website at
                                          to eligible internet publishing                         Code, or (iii) the disaster credit under              www.sba.gov. Questions on the
                                          organizations, the parenthetical at the                 section 303 of the Relief Act, and (b)                Paycheck Protection Program may be
                                          end of Part IV.(e)(7) of the interim final              premiums for COBRA continuation                       directed to the Lender Relations
                                          rule on second draw loans (86 FR 3712,                  coverage taken into account in                        Specialist in the local SBA Field Office.
                                          3719) is revised to include a reference                 determining the credit under section                  The local SBA Field Office may be
                                          to Part IV.(c)(6), which describes the                  6432 of the Internal Revenue Code.’’                  found at https://www.sba.gov/tools/
                                          conditions under which such internet                       Part IV.1 of the consolidated interim              local-assistance/districtoffices.
                                          publishing companies are eligible.                      final rule on loan forgiveness                           Compliance with Executive Orders
                                          Therefore, Part IV.(e)(7) of the interim                requirements and loan review                          12866, 12988, 13132 and 13563 the
                                          final rule on second draw loans, as                     procedures sets forth general                         Congressional Review Act, the
                                          amended by this interim final rule, is                  information about loan forgiveness for                Administrative Procedure Act, the
                                          revised to read as follows:                             First Draw and Second Draw PPP Loans.                 Paperwork Reduction Act (44 U.S.C. Ch.
                                          *     *      *     *    *                               The consolidated interim final rule on                35), and the Regulatory Flexibility Act (5
                                             (7) Any issuer, the securities of which are          loan forgiveness requirements and loan                U.S.C. 601–612).
                                          listed on an exchange registered as a national          review procedures requires revisions to
                                                                                                                                                        Executive Orders 12866 and 13563
                                          securities exchange under section 6 of the              clarify certain forgiveness payroll cost
                                          Securities Exchange Act of 1934 (15 U.S.C.              exclusions under the Economic Aid Act                    This interim final rule is
                                          78f), where the terms ‘‘exchange,’’ ‘‘issuer,’’         and revisions to incorporate the                      economically significant for the
                                          and ‘‘security’’ have the meanings given                forgiveness payroll cost exclusions                   purposes of Executive Orders 12866 and
                                          those terms in section 3(a) of the Securities           required by the American Rescue Plan                  13563. SBA, however, is proceeding
                                          Exchange Act of 1934 (15 U.S.C. 78c(a))                                                                       under the emergency provision at
                                          (except that SBA will not consider whether
                                                                                                  Act. Part IV.1.a.(1) describes the payroll
                                          a news organization that is eligible under              costs that are eligible for loan                      Executive Order 12866 section 6(a)(3)(D)
                                          subsection (c)(4) or an internet publishing             forgiveness and identifies those costs                based on the need to move
                                          organization that is eligible under subsection          that are to be excluded. The second full              expeditiously to mitigate the current
                                          (c)(6) is affiliated with an entity, which              sentence of part IV.1.a.(1), Payroll Costs            economic conditions arising from the
                                          includes any entity that owns or controls               (86 FR 8283, 8286), reading ‘‘[p]ayroll               COVID–19 emergency.
                                          such news organization or internet                      costs that are qualified wages taken into                This rule is necessary to provide
                                          publishing organization, that is an issuer);            account in determining the Employer                   economic relief to small businesses and
                                          *      *     *       *      *                           Retention Credit are not eligible for loan            nonprofit organizations nationwide
                                                                                                  forgiveness,’’ is revised to read ‘‘The               adversely impacted under the COVID–
                                          2. Forgiveness of First Draw and Second
                                                                                                  following payroll costs are not eligible              19 Emergency Declaration. We
                                          Draw PPP Loans
                                                                                                  for loan forgiveness: (a) Qualified wages             anticipate that this rule will result in
                                             Part III.B.14 of the consolidated                    taken into account in determining (i) the             substantial benefits to small businesses,
                                          interim final rule implementing updates                 Employee Retention Credit under                       nonprofit organizations, their
                                          to the PPP provides general information                 section 2301 of the CARES Act, as                     employees, and the communities they
                                          to borrowers on loan forgiveness. The                   amended by section 206 of the Taxpayer                serve. However, we lack data to estimate
                                          consolidated interim final rule                         Certainty and Disaster Tax Relief Act of              the effects of this rule.
                                          implementing updates to the PPP                         2020 (Relief Act) (CARES Act Employee                    The Administrator of the Office of
                                          requires a revision to clarify certain                  Retention Credit), (ii) the Employee                  Management and Budget’s Office of
                                          forgiveness payroll cost exclusions                     Retention Credit under section 3134 of                Information and Regulatory Affairs
                                          included in the Economic Aid Act and                    the Internal Revenue Code of 1986 (ARP                (OIRA) has determined that this is a
                                          to incorporate section 3134 of the                      Employee Retention Credit), or (iii) the              major rule for purposes of Subtitle E of
                                          Internal Revenue Code of 1986 (Internal                 disaster credit under section 303 of the              the Small Business Regulatory
                                          Revenue Code) as added by section 9651                  Relief Act (Disaster Credit), and (b)                 Enforcement and Fairness Act of 1996
                                          of the American Rescue Plan Act.                        premiums for COBRA continuation                       (also known as the Congressional
                                          Additionally, section 5001(c) of the                    coverage taken into account in                        Review Act or CRA) (5 U.S.C. 804(2) et




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                                          American Rescue Plan Act revised the                    determining the credit under section                  seq.). Under the CRA, a major rule takes
                                          forgiveness payroll cost exclusions to                  6432 of the Internal Revenue Code of                  effect 60 days after the rule is published
                                          include premiums taken into account in                  1986 (COBRA Continuation Coverage).’’                 in the Federal Register. 5 U.S.C.
                                          determining the credit allowed under                       Part IV.1.b. of the consolidated                   801(a)(3).
                                          section 6432 of the Internal Revenue                    interim final rule on loan forgiveness                   Notwithstanding this requirement, the
                                          Code. Therefore, the fourth full sentence               requirements and loan review                          CRA allows agencies to dispense with


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                                                             Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Rules and Regulations                                           15089

                                          the requirements of section 801 when                    Application Form for Schedule C Filers                DEPARTMENT OF TRANSPORTATION
                                          the agency for good cause finds that                    Using Gross Income March 3, 2021, SBA
                                          such procedure would be impracticable,                  Form 2484, Lender’s Application—                      Federal Aviation Administration
                                          unnecessary, or contrary to the public                  Paycheck Protection Program Loan
                                          interest and the rule shall take effect at              Guaranty Revised March 3, 2021, SBA                   14 CFR Part 39
                                          such time as the agency promulgating                    Form 2484–SD, Lender’s Application—                   [Docket No. FAA–2020–0971; Product
                                          the rule determines. 5 U.S.C. 808(2).                   Second Draw Loan Guaranty Revised                     Identifier 2020–NM–083–AD; Amendment
                                          Pursuant to section 808(2), SBA for good                March 3, 2021,. SBA Forms 2483, 2483–                 39–21453; AD 2021–05–10]
                                          cause finds that a 60-day delay to                      C, 2483–SD, and 2483–SD–C were
                                          provide public notice is impracticable                                                                        RIN 2120–AA64
                                                                                                  amended to include the additional
                                          and contrary to the public interest.                    eligible entities (where applicable) and              Airworthiness Directives; Airbus
                                          Likewise, for the same reasons, SBA for                 revise the Shuttered Venue Operator                   Canada Limited Partnership (Type
                                          good cause finds that there are grounds                 Grant Program certification due to the                Certificate Previously Held by C Series
                                          to waive the 30-day effective date delay                changes made by the American Rescue                   Aircraft Limited Partnership (CSALP);
                                          under the Administrative Procedure                      Plan Act. Other clarifying changes were               Bombardier, Inc.) Airplanes
                                          Act. 5 U.S.C. 553(d)(3).                                also made to the forms. Additionally,
                                             The last day to apply for and receive                conforming changes were made to SBA                   AGENCY: Federal Aviation
                                          a PPP loan is March 31, 2021. Given the                 Forms 2484 and 2484–SD.                               Administration (FAA), Department of
                                          short duration of this program, and the                                                                       Transportation (DOT).
                                                                                                     SBA has requested Office of
                                          urgent need to issue loans quickly, SBA                                                                       ACTION: Final rule.
                                                                                                  Management and Budget (OMB)
                                          has determined that it is impractical and
                                                                                                  emergency approval of the revisions to
                                          not in the public interest to provide a                                                                       SUMMARY: The FAA is adopting a new
                                                                                                  the information collections to give small
                                          delayed effective date. An immediate                                                                          airworthiness directive (AD) for certain
                                                                                                  businesses and nonprofits affected by
                                          effective date will give small businesses                                                                     Airbus Canada Limited Partnership
                                                                                                  this interim final rule the maximum
                                          and nonprofit organizations affected by                                                                       Model BD–500–1A10 and BD–500–
                                                                                                  amount of time to apply for loans and
                                          this interim final rule the maximum                                                                           1A11 airplanes. This AD was prompted
                                                                                                  lenders the maximum amount of time to
                                          amount of time to apply for loans and                                                                         by a report that threaded fuel couplings
                                                                                                  process applications before the program
                                          lenders the maximum amount of time to                                                                         were incorrectly installed at final
                                                                                                  ends.
                                          process applications before the program                                                                       assembly and in service. This AD
                                          ends.                                                   Regulatory Flexibility Act (RFA)                      requires repetitive functional tests of the
                                          Executive Order 12988                                                                                         auxiliary power unit (APU) fuel feed
                                                                                                     The Regulatory Flexibility Act (RFA)               line shroud, a general visual inspection
                                            SBA has drafted this rule, to the                     generally requires that when an agency                of the APU fuel feed line shroud for any
                                          extent practicable, in accordance with                  issues a proposed rule, or a final rule               loose couplings; and tightening any
                                          the standards set forth in section 3(a)                 pursuant to section 553(b) of the                     loose couplings, which would terminate
                                          and 3(b)(2) of Executive Order 12988, to                Administrative Procedure Act or                       the repetitive functional tests. The FAA
                                          minimize litigation, eliminate                          another law, the agency must prepare a                is issuing this AD to address the unsafe
                                          ambiguity, and reduce burden. The rule                  regulatory flexibility analysis that meets            condition on these products.
                                          has no preemptive or retroactive effect.                the requirements of the RFA and
                                                                                                                                                        DATES: This AD is effective April 26,
                                                                                                  publish such analysis in the Federal
                                          Executive Order 13132                                                                                         2021.
                                                                                                  Register. 5 U.S.C. 603, 604.
                                            SBA has determined that this rule                                                                              The Director of the Federal Register
                                                                                                     Rules that are exempt from notice and              approved the incorporation by reference
                                          will not have substantial direct effects
                                                                                                  comment are also exempt from the RFA                  of a certain publication listed in this AD
                                          on the States, on the relationship
                                                                                                  requirements, including conducting a                  as of April 26, 2021.
                                          between the National Government and
                                                                                                  regulatory flexibility analysis, when                 ADDRESSES: For service information
                                          the States, or on the distribution of
                                                                                                  among other things the agency for good                identified in this final rule, contact
                                          power and responsibilities among the
                                                                                                  cause finds that notice and public                    Airbus Canada Limited Partnership,
                                          various layers of government. Therefore,
                                                                                                  procedure are impracticable,                          13100 Henri-Fabre Boulevard, Mirabel,
                                          SBA has determined that this rule has
                                                                                                  unnecessary, or contrary to the public                Québec J7N 3C6, Canada; telephone
                                          no federalism implications warranting
                                                                                                  interest. SBA Office of Advocacy guide:               450–476–7676; email a220_crc@
                                          preparation of a federalism assessment.
                                                                                                  How to Comply with the Regulatory                     abc.airbus; internet http://
                                          Paperwork Reduction Act, 44 U.S.C.                      Flexibility Act, Ch.1. p.9. Since this rule           a220world.airbus.com. You may view
                                          Chapter 35                                              is exempt from notice and comment,                    this service information at the FAA,
                                            SBA has determined that this rule                     SBA is not required to conduct a                      Airworthiness Products Section,
                                          will require revisions to existing                      regulatory flexibility analysis.                      Operational Safety Branch, 2200 South
                                          recordkeeping or reporting requirements                   Authority: 15 U.S.C. 636(a)(36); 15 U.S.C.          216th St., Des Moines, WA. For
                                          of the Paycheck Protection Program                      636(a)(37); 15 U.S.C. 636m; Coronavirus Aid,          information on the availability of this
                                          (PPP) information collections (OMB                      Relief, and Economic Security Act, Pub. L.            material at the FAA, call 206–231–3195.
                                          Control Numbers 3245–0407 and 3245–                     116–136, section 1114, Economic Aid to                It is also available on the internet at
                                          0417. The revisions will affect SBA                     Hard-Hit Small Businesses, Nonprofits, and
                                                                                                  Venues Act (Pub. L. 116–260), section 303,
                                                                                                                                                        https://www.regulations.gov by
                                          Form 2483, Borrower Application Form                    and American Rescue Plan Act of 2021,                 searching for and locating Docket No.
                                          Revised March 3, 2021, SBA Form                         sections 5001 and 5005.                               FAA–2020–0971.




jbell on DSKJLSW7X2PROD with RULES
                                          2483–C, Borrower Application Form for
                                          Schedule C Filers Using Gross Income                    James Rivera,                                         Examining the AD Docket
                                          March 3, 2021, SBA Form 2483–SD,                        Acting Administrator, Small Business                    You may examine the AD docket on
                                          Second Draw Borrower Application                        Administration.                                       the internet at https://
                                          Form Revised March 3, 2021, SBA Form                    [FR Doc. 2021–05930 Filed 3–18–21; 4:15 pm]           www.regulations.gov by searching for
                                          2483–SD–C, Second Draw Borrower                         BILLING CODE P                                        and locating Docket No. FAA–2020–


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