Paycheck Protection Program—Additional Revisions to First Interim Final Rule, RIN 3245-AH50 — Federal Register Vol. 85, No. 118, June 18, 2020

Summary

This is a Small Business Administration interim final rule, Business Loan Program Temporary Changes; Paycheck Protection Program - Additional Revisions to First Interim Final Rule, published in the Federal Register, Vol. 85, No. 118, on Thursday, June 18, 2020. The text says that on June 5, 2020 the President signed the Paycheck Protection Program Flexibility Act of 2020 (Pub. L. 116–142). It says the interim final rule is effective without advance notice and public comment because section 1114 of the CARES Act authorizes SBA to issue regulations to implement Title I without regard to notice requirements. It adds that SBA determined there was good cause for dispensing with advance public notice, because SBA's authority to guarantee PPP loans expires on June 30, 2020.

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Full text

36717 Federal Register/Vol. 85, No. 118/Thursday, June 18, 2020/Rules and Regulations
1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989
Comp., p. 215, as modified by E.O. 12731, 55
FR 42547, 3 CFR, 1990 Comp., p. 306.
§2635.204 [Amended]
■ 5. In §2635.204, in paragraph
(g)(3)(iv) and examples 1 and 4
following paragraph (g)(6), remove the
dollar amount ‘‘$390’’ and add in its
place ‘‘$415’’ wherever it occurs.
[FR Doc. 2020–12357 Filed 6–17–20; 8:45 am]
BILLING CODE 6345–03–P
SMALL BUSINESS ADMINISTRATION
13 CFR Part 120
[Docket No. SBA–2020–0036]
RIN 3245–AH50
Business Loan Program Temporary
Changes; Paycheck Protection
Program—Additional Revisions to First
Interim Final Rule
AGENCY: U.S. Small Business
Administration.
ACTION: Interim final rule.
SUMMARY: On April 2, 2020, the U.S.
Small Business Administration (SBA)
posted on its website an interim final
rule relating to the implementation of
sections 1102 and 1106 of the
Coronavirus Aid, Relief, and Economic
Security Act (CARES Act or the Act)
(published in the Federal Register on
April 15, 2020). Section 1102 of the Act
temporarily adds a new product, titled
the ‘‘Paycheck Protection Program,’’ to
the U.S. Small Business
Administration’s (SBA’s) 7(a) Loan
Program. Subsequently, SBA issued a
number of interim final rules
implementing the Paycheck Protection
Program. This interim final rule revises
SBA’s interim final rule published in
the Federal Register on April 15, 2020
by changing the eligibility requirement
related to felony convictions of
applicants or owners of the applicant.
DATES:
Effective date: The provisions in this
interim final rule are effective June 16,
2020.
Comment date: Comments must be
received on or before July 20, 2020.
ADDRESSES: You may submit comments,
identified by number SBA–2020–0036,
through the Federal eRulemaking Portal:
http://www.regulations.gov. Follow the
instructions for submitting comments.
SBA will post all comments on
www.regulations.gov. If you wish to
submit confidential business
information (CBI) as defined in the User
Notice at www.regulations.gov, please
send an email to ppp-ifr@sba.gov.
Highlight the information that you
consider to be CBI and explain why you
believe SBA should hold this
information as confidential. SBA will
review the information and make the
final determination whether it will
publish the information.
FOR FURTHER INFORMATION CONTACT: A
Call Center Representative at 833–572–
0502, or the local SBA Field Office; the
list of offices can be found at https://
www.sba.gov/tools/local-assistance/
districtoffices.
SUPPLEMENTARY INFORMATION:
I. Background Information
On March 13, 2020, President Trump
declared the ongoing Coronavirus
Disease 2019 (COVID–19) pandemic of
sufficient severity and magnitude to
warrant an emergency declaration for all
states, territories, and the District of
Columbia. With the COVID–19
emergency, many small businesses
nationwide are experiencing economic
hardship as a direct result of the
Federal, State, and local public health
measures that are being taken to
minimize the public’s exposure to the
virus. These measures, some of which
are government-mandated, have been
implemented nationwide and include
the closures of restaurants, bars, and
gyms. In addition, based on the advice
of public health officials, other
measures, such as keeping a safe
distance from others or even stay-at-
home orders, have been implemented,
resulting in a dramatic decrease in
economic activity as the public avoids
malls, retail stores, and other
businesses.
On March 27, 2020, the President
signed the Coronavirus Aid, Relief, and
Economic Security Act (the CARES Act
or the Act) (Pub. L. 116–136) to provide
emergency assistance and health care
response for individuals, families, and
businesses affected by the coronavirus
pandemic. The Small Business
Administration (SBA) received funding
and authority through the Act to modify
existing loan programs and establish a
new loan program to assist small
businesses nationwide adversely
impacted by the COVID–19 emergency.
Section 1102 of the Act temporarily
permits SBA to guarantee 100 percent of
7(a) loans under a new program titled
the ‘‘Paycheck Protection Program.’’
Section 1106 of the Act provides for
forgiveness of up to the full principal
amount of qualifying loans guaranteed
under the Paycheck Protection Program.
On April 24, 2020, the President
signed the Paycheck Protection Program
and Health Care Enhancement Act (Pub.
L. 116–139), which provided additional
funding and authority for the PPP. On
June 5, 2020, the President signed the
Paycheck Protection Program Flexibility
Act of 2020 (Flexibility Act) (Pub. L.
116–142).
II. Comments and Immediate Effective
Date
This interim final rule is effective
without advance notice and public
comment because section 1114 of the
CARES Act authorizes SBA to issue
regulations to implement Title I of the
Act without regard to notice
requirements. In addition, SBA has
determined that there is good cause for
dispensing with advance public notice
and comment on the grounds that that
it would be contrary to the public
interest. Specifically, advance public
notice and comment would defeat the
purpose of this interim final rule given
that SBA’s authority to guarantee PPP
loans expires on June 30, 2020. These
same reasons provide good cause for
SBA to dispense with the 30-day
delayed effective date provided in the
Administrative Procedure Act. Although
this interim final rule is effective on or
before date of filing, comments are
solicited from interested members of the
public on all aspects of the interim final
rule, including section III below. These
comments must be submitted on or
before July 20. 2020. The SBA will
consider these comments, comments
received on the interim final rule posted
on SBA’s website April 2, 2020 (the
First Interim Final Rule) and published
in the Federal Register on April 15,
2020, and the need for making any
revisions as a result of these comments.
III. Paycheck Protection Program—
Additional Revisions to First Interim
Final Rule (85 FR 20811)
Overview
The CARES Act was enacted to
provide immediate assistance to
individuals, families, and businesses
affected by the COVID–19 emergency.
Among the provisions contained in the
CARES Act are provisions authorizing
SBA to temporarily guarantee loans
under a new 7(a) loan program titled the
‘‘Paycheck Protection Program.’’ Loans
guaranteed under the Paycheck
Protection Program (PPP) will be 100
percent guaranteed by SBA, and the full
principal amount of the loans may
qualify for loan forgiveness. The
purpose of this interim final rule is to
make changes to the First Interim Final
Rule, posted on SBA’s website on April
2, 2020, and published in the Federal
Register on April 15, 2020 (85 FR
20811). The First Interim Final Rule, as
amended, should be interpreted
VerDate Sep<11>2014 16:26 Jun 17, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\18JNR1.SGM 18JNR136718 Federal Register/Vol. 85, No. 118/Thursday, June 18, 2020/Rules and Regulations
1 See https://www.sba.gov/document/support—
faq-lenders-borrowers.
2 See https://www.sba.gov/funding-programs/
loans/coronavirus-relief-options/paycheck-
protection-program.
consistent with the frequently asked
questions (FAQs) regarding the PPP that
are posted on SBA’s website1 and the
other interim final rules issued
regarding the PPP.2
1. Changes to the First Interim Final
Rule
Eligibility Requirements
The First Interim Final Rule provided,
among other things, that a PPP loan will
not be approved if an owner of 20
percent or more of the equity of the
applicant has been convicted of a felony
within the last five years. After further
consideration, the Administrator, in
consultation with the Secretary of the
Treasury (the Secretary), has determined
that a shorter timeframe for felonies that
do not involve fraud, bribery,
embezzlement, or a false statement in a
loan application or an application for
federal financial assistance is more
consistent with Congressional intent to
provide relief to small businesses and
also promotes the important policies
underlying the First Step Act of 2018
(Pub. L. 115–391). Therefore, Part
III.2.b.iii. of the First Interim Final Rule
(85 FR 20811, 20812) is revised to read
as follows:
b. Could I be ineligible even if I meet
the eligibility requirements in (a) above?
You are ineligible for a PPP loan if, for
example:
* * * * *
iii. An owner of 20 percent or more
of the equity of the applicant is
incarcerated, on probation, on parole;
presently subject to an indictment,
criminal information, arraignment, or
other means by which formal criminal
charges are brought in any jurisdiction;
or has been convicted of a felony
involving fraud, bribery, embezzlement,
or a false statement in a loan application
or an application for federal financial
assistance within the last five years or
any other felony within the last year; or
* * * * *
2. Additional Information
SBA may provide further guidance, if
needed, through SBA notices which will
be posted on SBA’s website at
www.sba.gov. Questions on the
Paycheck Protection Program may be
directed to the Lender Relations
Specialist in the local SBA Field Office.
The local SBA Field Office may be
found at https://www.sba.gov/tools/
local-assistance/districtoffices.
Compliance With Executive Orders
12866, 12988, 13132, 13563, and 13771,
the Paperwork Reduction Act (44
U.S.C. Ch. 35), and the Regulatory
Flexibility Act (5 U.S.C. 601–612)
Executive Orders 12866, 13563, and
13771
This interim final rule is
economically significant for the
purposes of Executive Orders 12866 and
13563, and is considered a major rule
under the Congressional Review Act.
SBA, however, is proceeding under the
emergency provision at Executive Order
12866 Section 6(a)(3)(D) based on the
need to move expeditiously to mitigate
the current economic conditions arising
from the COVID–19 emergency. This
rule’s designation under Executive
Order 13771 will be informed by public
comment.
This rule is necessary to implement
Sections 1102 and 1106 of the CARES
Act and the Flexibility Act in order to
provide economic relief to small
businesses nationwide adversely
impacted under the COVID–19
Emergency Declaration. We anticipate
that this rule will result in substantial
benefits to small businesses, their
employees, and the communities they
serve. However, we lack data to estimate
the effects of this rule.
Executive Order 12988
SBA has drafted this rule, to the
extent practicable, in accordance with
the standards set forth in section 3(a)
and 3(b)(2) of Executive Order 12988, to
minimize litigation, eliminate
ambiguity, and reduce burden. The rule
has no preemptive effect but does have
a limited retroactive effect consistent
with section 3(d) of the Flexibility Act.
Executive Order 13132
SBA has determined that this rule
will not have substantial direct effects
on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various layers of government. Therefore,
SBA has determined that this rule has
no federalism implications warranting
preparation of a federalism assessment.
Paperwork Reduction Act, 44 U.S.C.
Chapter 35
SBA has determined that this rule
will require modification to the existing
PPP information collection that is
approved under OMB Control Number
3245–0407 as an emergency request
until October 31, 2020. As discussed
above, this rule amends the PPP
eligibility requirements regarding
certain felony charges. As a result of
these amendments, conforming changes
will be made to Question 6 of Form
2483, Borrower Application Form, and
Section H of Form 2484, Lender
Application Form. SBA will submit the
revisions to these forms to the Office of
Management and Budget for approval.
Regulatory Flexibility Act (RFA)
The Regulatory Flexibility Act (RFA)
generally requires that when an agency
issues a proposed rule, or a final rule
pursuant to section 553(b) of the APA or
another law, the agency must prepare a
regulatory flexibility analysis that meets
the requirements of the RFA and
publish such analysis in the Federal
Register. 5 U.S.C. 603, 604. Specifically,
the RFA normally requires agencies to
describe the impact of a rulemaking on
small entities by providing a regulatory
impact analysis. Such analysis must
address the consideration of regulatory
options that would lessen the economic
effect of the rule on small entities. The
RFA defines a ‘‘small entity’’ as (1) a
proprietary firm meeting the size
standards of the Small Business
Administration (SBA); (2) a nonprofit
organization that is not dominant in its
field; or (3) a small government
jurisdiction with a population of less
than 50,000. 5 U.S.C. 601(3)–(6). Except
for such small government jurisdictions,
neither State nor local governments are
‘‘small entities.’’ Similarly, for purposes
of the RFA, individual persons are not
small entities.
The requirement to conduct a
regulatory impact analysis does not
apply if the head of the agency ‘‘certifies
that the rule will not, if promulgated,
have a significant economic impact on
a substantial number of small entities.’’
5 U.S.C. 605(b). The agency must,
however, publish the certification in the
Federal Register at the time of
publication of the rule, ‘‘along with a
statement providing the factual basis for
such certification.’’ If the agency head
has not waived the requirements for a
regulatory flexibility analysis in
accordance with the RFA’s waiver
provision, and no other RFA exception
applies, the agency must prepare the
regulatory flexibility analysis and
publish it in the Federal Register at the
time of promulgation or, if the rule is
promulgated in response to an
emergency that makes timely
compliance impracticable, within 180
days of publication of the final rule. 5
U.S.C. 604(a), 608(b).
Rules that are exempt from notice and
comment are also exempt from the RFA
requirements, including conducting a
regulatory flexibility analysis, when
among other things the agency for good
cause finds that notice and public
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procedure are impracticable,
unnecessary, or contrary to the public
interest. Small Business
Administration’s Office of Advocacy
guide: How to Comply with the
Regulatory Flexibility Act, Ch.1. p.9.
Accordingly, SBA is not required to
conduct a regulatory flexibility analysis.
Authority: 15 U.S.C. 636(a)(36);
Coronavirus Aid, Relief, and Economic
Security Act, Pub. L. 116–136, Section 1114.
Jovita Carranza,
Administrator.
[FR Doc. 2020–13130 Filed 6–16–20; 2:00 pm]
BILLING CODE 8026–03–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 744 and 772
[Docket No. 200611–0158]
RIN 0694–AI06
Release of ‘‘Technology’’ to Certain
Entities on the Entity List in the
Context of Standards Organizations
AGENCY: Bureau of Industry and
Security, Commerce.
ACTION: Interim final rule; request for
comments.
SUMMARY: Huawei Technologies Co.,
Ltd. (Huawei) and 114 of its foreign
affiliates were added to the Entity List
by the Bureau of Industry and Security
(BIS) in 2019, but continue to
participate in many important
international standards organizations in
which U.S. companies also participate.
As international standards serve as the
building blocks for product
development and help ensure
functionality, interoperability, and
safety of the products, it is important to
U.S. technological leadership that U.S.
companies be able to work in these
bodies in order to ensure that U.S.
standards proposals are fully
considered. Since Huawei’s addition to
the Entity List, organizations have
consequently sought clarity about U.S.
industry participation in standards
development. BIS is amending the
Export Administration Regulations
(EAR) to authorize the release of certain
technology to Huawei and its affiliates
on the Entity List without a license if
such release is made for the purpose of
contributing to the revision or
development of a ‘‘standard’’ in a
‘‘standards organization.’’ For the
purpose of this interim final rule, a
‘‘standard’’ is as defined in Office of
Management and Budget (OMB)
Circular A–119: Federal Participation in
the Development and Use of Voluntary
Consensus Standards and in Conformity
Assessment Activities, and a ‘‘standards
organization,’’ is the equivalent of a
‘‘voluntary consensus standards body’’
as defined in Office of Management and
Budget (OMB) Circular A–119: Federal
Participation in the Development and
Use of Voluntary Consensus Standards
and in Conformity Assessment
Activities. This interim final rule does
not change the assessment of whether
‘‘technology’’ is subject to the EAR. BIS
is requesting comments on the impact of
these revisions.
DATES: This rule is effective June 18,
2020. Submit comments on or before
August 17, 2020.
ADDRESSES: You may submit comments,
identified by docket number BIS 2020–
0017 or RIN 0694–AI06, through the
Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
All filers using the portal should use
the name of the person or entity
submitting comments as the name of
their files, in accordance with the
instructions below. Anyone submitting
business confidential information
should clearly identify the business
confidential portion at the time of
submission, file a statement justifying
nondisclosure and referencing the
specific legal authority claimed, and
provide a non-confidential version of
the submission.
For comments submitted
electronically containing business
confidential information, the file name
of the business confidential version
should begin with the characters ‘‘BC.’’
Any page containing business
confidential information must be clearly
marked ‘‘BUSINESS CONFIDENTIAL’’
on the top of that page. The
corresponding non-confidential version
of those comments must be clearly
marked ‘‘PUBLIC.’’ The file name of the
non-confidential version should begin
with the character ‘‘P.’’ The ‘‘BC’’ and
‘‘P’’ should be followed by the name of
the person or entity submitting the
comments or rebuttal comments. All
filers should name their files using the
name of the person or entity submitting
the comments. Any submissions with
file names that do not begin with a ‘‘BC’’
or ‘‘P’’ will be assumed to be public and
will be made publicly available through
http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Susan Kramer, Regulatory Policy
Division, Bureau of Industry and
Security, Department of Commerce.
Phone: (202) 482–2440; Fax (202) 482–
3355; Email: Susan.Kramer@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Bureau of Industry and Security
(BIS) has continued to receive questions
regarding the applicability of the Export
Administration Regulations (15 CFR
730–774) (EAR) in the context of
standards setting or development in
light of the addition of Huawei
Technologies Co., Ltd. (Huawei) and its
114 non-U.S. affiliates to the Entity List
(Supplement No. 4 to part 744 of the
EAR) (see 84 FR 22961 (May 21, 2019)
and 84 FR 43493 (August 21, 2019)) and
the Temporary General License (TGL).
The TGL was published on May 22,
2019 (84 FR 23468), extended and
amended through a final rule published
on August 21, 2019 (84 FR 43487), and
is currently extended through August
13, 2020 in a final rule published on
May 18, 2020 (85 FR 29610). On August
19, 2019, BIS posted a ‘‘General
Advisory Opinion Concerning
Prohibited Activities in the Standards
Setting or Development Context When a
Listed Entity Is Involved’’ to the BIS
website that addressed the applicability
of §734.7 of the EAR (Published) (15
CFR 734.7) to certain types of releases.
With publication of this rule, that
advisory opinion is rescinded, and BIS
has removed the guidance from its
website. This rule removes certain
license requirements imposed by the
original listing, removing the need to
determine the application of controls to
those releases.
The assessment of whether
‘‘technology’’ is subject to the EAR is
the same regardless of whether a person
on the Entity List is a member of, or
participates in, the standards setting or
development group or body. Because of
the importance of U.S. participation and
leadership in standards organizations,
and in view of the consistent concerns
expressed with Huawei’s participation
therein, this rule revises the Entity List
to authorize certain releases of
technology without a license.
Specifically, technology subject to the
EAR that is designated as EAR99 or
controlled on the Commerce Control
List only for anti-terrorism (AT) reasons
may be released to members of a
standards organization without a
license, including Huawei, if released
for the purpose of contributing to the
revision or development of a standard.
This interim final rule adopts in §772.1
(Definitions) the definitions of
‘‘standard’’ and ‘‘standards
organization’’ from the Office of
Management and Budget (OMB)
Circular A–119: Federal Participation in
the Development and Use of Voluntary
Consensus Standards and in Conformity
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