Pandemic Darlings The pandemic economy, in original documents
Home Source documents Rules and Regulations — Paycheck Protection Program — SBA loan review procedures (Federal Register, Vol. 85, No. 202, October 19, 2020)

Rules and Regulations — Paycheck Protection Program — SBA loan review procedures (Federal Register, Vol. 85, No. 202, October 19, 2020)

Summary

This Small Business Administration and Department of the Treasury interim final rule, published in the Federal Register on October 19, 2020, makes additional revisions to loan forgiveness and loan review procedures for the Paycheck Protection Program. It simplifies the forgiveness and loan review processes for PPP loans of $50,000 or less. SBA is issuing an alternative Loan Forgiveness Application, SBA Form 3508S, for borrowers with a total loan amount of $50,000 or less, except for borrowers that, together with affiliates, received loans totaling $2 million or greater. Comments must be received on or before November 18, 2020.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials
Document type
Department Of The Treasury Interim Final Rule On Additional Revisions To Loan Forgiveness

Cite this document

“Rules and Regulations — Paycheck Protection Program — SBA loan review procedures (Federal Register, Vol. 85, No. 202, October 19, 2020).” Original at home.treasury.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-the-treasury-interim-final-rule-on-additional-revisions-to-loan-forgiveness-and-loan-r-4cb9778fd0/, SHA-256 a6fec70b32320552c3393f4e5d5a6809efc0f2ae3b6b0bcab0c37603b5b1389a.

Full text

66214 Federal Register/Vol. 85, No. 202/Monday, October 19, 2020/Rules and Regulations
TABLE 3—Continued
As appropriate for a particular DOE
nuclear facility, the section of the technical
safety requirements on:
Will provide information on:
(6) Administrative controls .................................. Organization and management, procedures, recordkeeping, assessment, and reporting nec-
essary to ensure safe operation of a facility consistent with the technical safety requirement.
In general, the administrative controls section addresses (i) the requirements associated
with administrative controls (including those for reporting violations of the technical safety re-
quirement); (ii) the staffing requirements for facility positions important to safe conduct of the
facility; and (iii) the commitments to the safety management programs identified in the docu-
mented safety analysis as necessary components of the safety basis for the facility.
(7) Use and application provisions ..................... The basic instructions for applying the safety restrictions contained in a technical safety re-
quirement. The use and application section includes definitions of terms, operating modes,
logical connectors, completion times, and frequency notations.
(8) Design features ............................................. Design features of the facility that, if altered or modified, would have a significant effect on
safe operation.
(9) Bases appendix ............................................. The reasons for the safety limits, operating limits, and associated surveillance requirements in
the technical safety requirements. The statements for each limit or requirement shows how
the numeric value, the condition, or the surveillance fulfills the purpose derived from the
safety documentation. The primary purpose for describing the basis of each limit or require-
ment is to ensure that any future changes to the limit or requirement is done with full knowl-
edge of the original intent or purpose of the limit or requirement.
H. Unreviewed Safety Questions
1. The USQ process is an important tool to
evaluate whether changes affect the safety
basis. A contractor must use the USQ process
to ensure that the safety basis for a DOE
nuclear facility is not undermined by
changes in the facility, the work performed,
the associated hazards, or other factors that
support the adequacy of the safety basis.
2. The USQ process permits a contractor to
make physical and procedural changes to a
nuclear facility and to conduct tests and
experiments without prior approval,
provided these changes do not cause a USQ.
The USQ process provides a contractor with
the flexibility needed to conduct day-to-day
operations by requiring only those changes
and tests with a potential to impact the safety
basis (and therefore the safety of the nuclear
facility) be approved by DOE. This allows
DOE to focus its review on those changes
significant to safety. The USQ process helps
keep the safety basis current by ensuring
appropriate review of and response to
situations that might adversely affect the
safety basis.
3. DOE Guide 424.1–1B Chg 2,
Implementation Guide for Use in Addressing
Unreviewed Safety Question Requirements,
or successor document provides DOE’s
expectations for a USQ process. The
contractor must obtain DOE approval of its
procedure used to implement the USQ
process. The contractor is allowed to make
editorial and format changes to its USQ
procedure while maintaining DOE approval.
I. Functions and Responsibilities
1. The DOE Management Official for a DOE
nuclear facility (that is, the Assistant
Secretary, the Assistant Administrator, or the
Office Director who is primarily responsible
for the management of the facility) has
primary responsibility within DOE for
ensuring that the safety basis for the facility
is adequate and complies with the safety
basis requirements of Part 830. The DOE
Management Official is responsible for
ensuring the timely and proper—
(i) Review of all safety basis documents
submitted to DOE; and
(ii) Preparation of a safety evaluation report
concerning the safety basis for a facility.
2. DOE will maintain a public list on the
internet that provides the status of the safety
basis for each Hazard Category 1, 2, or 3 DOE
nuclear facility and, to the extent practicable,
provides information on how to obtain a
copy of the safety basis and related
documents for a facility.
[FR Doc. 2020–19329 Filed 10–16–20; 8:45 am]
BILLING CODE 6450–01–P
SMALL BUSINESS ADMINISTRATION
13 CFR Part 120
[Docket Number SBA–2020–0052]
RIN 3245–AH59
DEPARTMENT OF THE TREASURY
RIN 1505–AC71
Business Loan Program Temporary
Changes; Paycheck Protection
Program—Additional Revisions to
Loan Forgiveness and Loan Review
Procedures Interim Final Rules
AGENCY: U.S. Small Business
Administration; Department of the
Treasury.
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 and the
Department of the Treasury (Treasury)
issued additional interim final rules
implementing the Paycheck Protection
Program (PPP). On June 5, 2020, the
Paycheck Protection Program Flexibility
Act of 2020 (Flexibility Act) was signed
into law, amending the CARES Act.
This interim final rule revises interim
final rules posted on SBA’s and the
Department of the Treasury’s websites
on May 22, 2020 (published on June 1,
2020, in the Federal Register) and June
22, 2020 (published on June 26, 2020, in
the Federal Register), by providing
additional guidance concerning the
forgiveness and loan review processes
for PPP loans of $50,000 or less and, for
PPP loans of all sizes, lender
responsibilities with respect to the
review of borrower documentation of
eligible costs for forgiveness in excess of
a borrower’s PPP loan amount.
DATES:
Effective date: The provisions in this
interim final rule are effective October
14, 2020.
Comment date: Comments must be
received on or before November 18,
2020.
ADDRESSES: You may submit comments,
identified by docket number SBA–
2020–0052, 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
VerDate Sep<11>2014 16:28 Oct 16, 2020 Jkt 253001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\19OCR1.SGM 19OCR1
jbell on DSKJLSW7X2PROD with RULES66215 Federal Register/Vol. 85, No. 202/Monday, October 19, 2020/Rules and Regulations
1 See 85 FR 20817 (April 15, 2020) regarding
application of SBA’s affiliation rules and the
exemption of otherwise qualified faith-based
organizations from SBA’s affiliation rules.
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 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
(PPP).
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), which changed provisions of
the PPP relating to the maturity of PPP
loans, the deferral of PPP loan
payments, and the forgiveness of PPP
loans. On July 4, 2020, the President
signed into law S. 4116, which
reauthorized lending under the PPP
through August 8, 2020 (Pub. L. 116–
147).
As described below, this interim final
rule provides additional guidance
concerning the forgiveness and loan
review processes for PPP loans of
$50,000 or less and, for PPP loans of all
sizes, lender responsibilities with
respect to the review of borrower
documentation of eligible costs for
forgiveness in excess of a borrower’s
PPP loan amount.
Two provisions of this interim final
rule are an exercise of rulemaking
authority by SBA jointly with Treasury:
(1) The de minimis exemption from the
full-time equivalent (FTE) employee
reduction penalty for PPP loans of
$50,000 or less, and (2) the de minimis
exemption from the employee salary
and wages reduction penalty for PPP
loans of $50,000 or less. Otherwise, all
provisions in this rule are an exercise of
rulemaking authority by SBA alone.
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 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
began accepting lender loan forgiveness
submissions on August 10, 2020. These
same reasons provide good cause for
SBA to dispense with the 30-day
delayed effective date provided in the
Administrative Procedure Act (APA).
See 5 U.S.C. 553(b)(B). 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 November 18, 2020. The SBA and
Treasury will consider these comments;
comments received on the two interim
final rules amended by this interim final
rule that were posted on SBA’s website
on May 22, 2020 and published on June
1, 2020, in the Federal Register; and the
interim final rule amended by this
interim final rule that was posted on
SBA’s website on June 22, 2020 and
published on June 26, 2020.
III. Paycheck Protection Program—
Additional Revisions to Loan
Forgiveness Interim Final Rule and
SBA Loan Review Procedures and
Related Borrower and Lender
Responsibilities Interim Final Rule
Overview
The CARES Act was enacted to
provide immediate assistance to
individuals, families, and organizations
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.
SBA has previously issued
comprehensive regulations and
guidance on the loan forgiveness
provisions in the CARES Act. As
relevant here, on May 22, 2020, SBA
and Treasury jointly posted an
additional interim final rule on loan
forgiveness (85 FR 33004) (First Loan
Forgiveness Rule). The SBA also posted
an interim final rule on May 22, 2020
on SBA loan review procedures and
related borrower and lender
responsibilities (85 FR 33010) (First
Loan Review Rule). On June 22, 2020,
SBA and Treasury jointly posted an
interim final rule, Revisions to Loan
Forgiveness and Loan Review
Procedures Interim Final Rules (85 FR
38304), revising the First Loan
Forgiveness Rule and the First Loan
Review Rule to incorporate Flexibility
Act amendments. On August 4 and 11,
2020, SBA posted Frequently Asked
Questions on PPP Loan Forgiveness.
The purpose of this interim final rule
is to simplify further (i) the forgiveness
and loan review processes for PPP loans
of $50,000 or less, and (ii) for PPP loans
of all sizes, lender responsibilities with
respect to the review of borrower
documentation of eligible costs for
forgiveness in excess of a borrower’s
PPP loan amount.
In connection with this rule, SBA is
issuing an alternative Loan Forgiveness
Application, SBA Form 3508S, for use
by PPP borrowers applying for loan
forgiveness on PPP loans with a total
loan amount of $50,000 or less, except
for those borrowers that together with
their affiliates1 received loans totaling
$2 million or greater. The Administrator
of SBA (Administrator) and the
Secretary of the Treasury (Secretary)
have concluded that this form strikes an
appropriate balance between the need
for simplification in the forgiveness
process with the responsibility to
protect the integrity of the program and
safeguard taxpayer funds.
1. Changes to the Loan Forgiveness
Rules
a. Alternative Loan Forgiveness
Application
Because SBA is issuing an alternative
Loan Forgiveness Application, SBA
VerDate Sep<11>2014 16:28 Oct 16, 2020 Jkt 253001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\19OCR1.SGM 19OCR1
jbell on DSKJLSW7X2PROD with RULES66216 Federal Register/Vol. 85, No. 202/Monday, October 19, 2020/Rules and Regulations
2 See 85 FR 38304, 38308 (‘‘Borrowers are
exempted from the loan forgiveness reduction
arising from a proportional reduction in FTE
employees during the covered period if the
borrower is able to document in good faith the
following: (1) An inability to rehire individuals who
were employees of the borrower on February 15,
2020; and (2) an inability to hire similarly qualified
individuals for unfilled positions on or before
December 31, 2020. . . . Borrowers are also
exempted from the loan forgiveness reduction
arising from a reduction in the number of FTE
employees during the covered period if the
borrower is able to document in good faith an
inability to return to the same level of business
activity as the borrower was operating at before
February 15, 2020, due to compliance with
requirements established or guidance issued
between March 1, 2020 and December 31, 2020 by
the Secretary of Health and Human Services, the
Director of the Centers for Disease Control and
Prevention (CDC), or the Occupational Safety and
Health Administration related to the maintenance
of standards for sanitation, social distancing, or any
other worker or customer safety requirement related
to COVID–19 . . . .’’). 3 85 FR 20811, 20815–20816 (April 15, 2020).
Form 3508S, the first parenthetical in
the first sentence of Part III.2.a and the
parenthetical in the first sentence of Part
III.6 of the First Loan Forgiveness Rule,
as revised by Revisions to Loan
Forgiveness and Loan Review
Procedures Interim Final Rules, are
revised to read as follows: ‘‘(SBA Form
3508, 3508EZ, 3508S, as applicable, or
lender equivalent)’’.
b. Reductions to Loan Forgiveness
Amount
A borrower of a PPP loan of $50,000
or less, other than any borrower that
together with its affiliates received loans
totaling $2 million or greater, may use
SBA Form 3508S (or lender’s equivalent
form) to apply for loan forgiveness. A
borrower that uses SBA Form 3508S (or
lender’s equivalent form) is exempt
from any reductions in the borrower’s
loan forgiveness amount based on
reductions in full-time equivalent (FTE)
employees (section 1106(d)(2) of the
CARES Act) or reductions in employee
salary or wages (section 1106(d)(3) of
the CARES Act) that would otherwise
apply. As such, Part III.5 of the First
Loan Forgiveness Rule, as revised by
Revisions to Loan Forgiveness and Loan
Review Procedures Interim Final Rules,
does not apply to borrowers of loans of
$50,000 or less that use SBA Form
3508S (or lender’s equivalent form) to
apply for loan forgiveness.
The Administrator and the Secretary
determined that these exemptions are an
appropriate exercise of their joint
rulemaking authority to grant de
minimis exemptions under section
1106(d)(6) of the CARES Act. The
Administrator and the Secretary believe
that the additional exemptions set forth
above are consistent with the purposes
of the CARES Act, including to provide
much-needed financial assistance to a
broad range of small businesses, and
provide borrowers appropriate
flexibility in the current economic
climate. The Administrator and the
Secretary have determined that these
exemptions are de minimis. The
purpose of the PPP is to provide
financial assistance to small businesses
and their employees, and the
requirements of section 1106(d) focus
on the number of employees and
compensation. Consequently, in this
context, both the aggregate dollar
amount of affected loans relative to the
aggregate dollar amount of all PPP loans
and the number of affected employees
are reasonable considerations in
assessing whether an exemption is de
minimis. There are approximately 3.57
million outstanding PPP loans of
$50,000 or less, totaling approximately
$62 billion of the $525 billion in PPP
loans. Approximately 1.71 million PPP
loans of $50,000 or less were made to
businesses that reported having zero
employees (presumably not counting
the owner as an employee) or one
employee. To the extent that these
businesses have no employees other
than the owner (i.e., all businesses that
reported having zero employees and, in
SBA’s judgment, the majority of
businesses that reported having one
employee), they are not affected by
these exemptions. As a result, based on
available data, we estimate that the
outstanding PPP loans of the relevant
set of potentially affected borrowers
(businesses with at least one employee
other than the owner) total
approximately $49 billion, or 9 percent
of the overall PPP loan amount. Within
this population of potentially affected
loans, SBA believes that most borrowers
would not be affected by the loan
forgiveness reduction requirements
because (1) the borrowers did not
reduce FTE employees or reduce
employee salaries or wages, or (2) the
borrowers would qualify for one of the
existing exemptions from loan
forgiveness amount reductions.2
Excluding such borrowers, the aggregate
dollar amount of PPP funds affected by
these exemptions relative to the
aggregate dollar amount of all PPP funds
is de minimis.
2. Changes to the Loan Review Rules
a. Alternative Loan Forgiveness
Application
Because SBA is issuing another
alternative Loan Forgiveness
Application, SBA Form 3508S, each
reference to ‘‘SBA Form 3508, 3508EZ,
or lender’s equivalent form’’ in Part III.1
of the First Loan Review Rule, as
revised by the Revisions to Loan
Forgiveness and Loan Review
Procedures Interim Final Rules, is
replaced with ‘‘SBA Form 3508,
3508EZ, 3508S, or lender’s equivalent
form’’.
b. The Loan Forgiveness Process for
Lenders
As noted above, SBA is issuing
another alternative Loan Forgiveness
Application, SBA Form 3508S. This
necessitates several revisions to Part
III.2 of the First Loan Review Rule, as
revised by the Revisions to Loan
Forgiveness and Loan Review
Procedures Interim Final Rules.
The following text is added as a new
paragraph at the end of Part III.2.a
(‘‘What should a lender review?’’):
When a borrower submits SBA Form
3508S or lender’s equivalent form, the
lender shall:
i. Confirm receipt of the borrower
certifications contained in the SBA
Form 3508S or lender’s equivalent form.
ii. Confirm receipt of the
documentation the borrower must
submit to aid in verifying payroll and
nonpayroll costs, as specified in the
instructions to the SBA Form 3508S or
lender’s equivalent form.
Providing an accurate calculation of
the loan forgiveness amount is the
responsibility of the borrower, and the
borrower attests to the accuracy of its
reported information and calculations
on the Loan Forgiveness Application.
The borrower shall not receive
forgiveness without submitting all
required documentation to the lender.
As the First Interim Final Rule3
indicates, lenders may rely on borrower
representations. As stated in paragraph
III.3.c of the First Interim Final Rule, the
lender does not need to independently
verify the borrower’s reported
information if the borrower submits
documentation supporting its request
for loan forgiveness and attests that it
accurately verified the payments for
eligible costs.
In Part III.2.b., each reference to ‘‘SBA
Form 3508EZ or lender’s equivalent
form’’ is replaced with ‘‘SBA Form
3508EZ, 3508S, or lender’s equivalent
form.’’
In Part III.2.c., each reference to ‘‘SBA
Form 3508, 3508EZ or lender’s
equivalent form’’ is replaced with ‘‘SBA
Form 3508, 3508EZ, 3508S, or lender’s
equivalent form.’’
c. Borrower Submission of Excess Costs
In some cases, a borrower may submit
to a lender documentation of eligible
payroll and nonpayroll costs that exceed
the amount of the borrower’s PPP loan.
VerDate Sep<11>2014 16:28 Oct 16, 2020 Jkt 253001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\19OCR1.SGM 19OCR1
jbell on DSKJLSW7X2PROD with RULES66217 Federal Register/Vol. 85, No. 202/Monday, October 19, 2020/Rules and Regulations
To address this situation, the following
text is added as a new paragraph d. at
the end of Part III.2:
d. What should a lender do if a borrower
submits documentation of eligible costs
that exceed a borrower’s PPP loan
amount?
The amount of loan forgiveness that a
borrower may receive cannot exceed the
principal amount of the PPP loan.
Whether a borrower submits SBA Form
3508, 3508EZ, 3508S, or lender’s
equivalent form, a lender should
confirm receipt of the documentation
the borrower is required to submit to aid
in verifying payroll and nonpayroll
costs, and, if applicable (for SBA Form
3508, 3508EZ, or lender’s equivalent
form), confirm the borrower’s
calculations on the borrower’s Loan
Forgiveness Application, up to the
amount required to reach the requested
Forgiveness Amount.
3. Additional Information
SBA may provide further guidance, if
needed, through SBA notices that 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.
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 or retroactive effect.
Executive Order 13132
SBA and Treasury have 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 and Treasury have determined
that this rule modifies an existing
information collection. This rule
reduces the burden associated with
lender review of borrower
documentation of eligible costs for
forgiveness. Additionally, SBA has
developed a second streamlined
Paycheck Protection Program—PPP
Loan Forgiveness Application Form
3508S (SBA Form 3508S), which is
available for borrowers meeting criteria
described in the instructions
accompanying the form. SBA has
obtained Office of Management and
Budget (OMB) approval of the
modification to the existing information
collection, which is currently approved
as an emergency request under OMB
Control Number 3245–0407 until
October 31, 2020.
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 small government jurisdictions with
a population of less than 50,000, neither
State nor local governments are ‘‘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
procedure are impracticable,
unnecessary, or contrary to the public
interest. SBA Office of Advocacy guide:
How to Comply with the Regulatory
Flexibility Act, Ch.1. p.9. Since this rule
is exempt from notice and comment,
SBA is not required to conduct a
regulatory flexibility analysis.
Jovita Carranza,
Administrator Small Business
Administration.
Michael Faulkender,
Assistant Secretary for Economic Policy
Department of the Treasury.
[FR Doc. 2020–23091 Filed 10–14–20; 4:15 pm]
BILLING CODE P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 101
[Docket No. FDA–2019–D–0725]
The Declaration of Allulose and
Calories From Allulose on Nutrition
and Supplement Facts Labels;
Availability
AGENCY: Food and Drug Administration,
HHS.
ACTION: Notification of availability.
SUMMARY: The Food and Drug
Administration (FDA or we) is
announcing the availability of a final
guidance for industry entitled ‘‘The
VerDate Sep<11>2014 16:28 Oct 16, 2020 Jkt 253001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\19OCR1.SGM 19OCR1
jbell on DSKJLSW7X2PROD with RULES

File and source

File
department-of-the-treasury-interim-final-rule-on-additional-revisions-to-loan-forgiveness-and-loan-r-4cb9778fd0.pdf
Size
236,519 bytes
SHA-256
a6fec70b32320552c3393f4e5d5a6809efc0f2ae3b6b0bcab0c37603b5b1389a
Our copy
department-of-the-treasury-interim-final-rule-on-additional-revisions-to-loan-forgiveness-and-loan-r-4cb9778fd0.pdf
Original
home.treasury.gov
Back to top