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Home Source documents Disaster Assistance Loan Program Changes to Unsecured Loan Amounts and Credit Elsewhere Criteria — U.S. Small Business Administration, 13 CFR Part 123 (Federal Register, Vol. 89, No. 142, July 24, 2024)

Disaster Assistance Loan Program Changes to Unsecured Loan Amounts and Credit Elsewhere Criteria — U.S. Small Business Administration, 13 CFR Part 123 (Federal Register, Vol. 89, No. 142, July 24, 2024)

Summary

The U.S. Small Business Administration's direct final rule in the Federal Register of Wednesday, July 24, 2024 (Vol. 89, No. 142) changes its Disaster Loan Program rules at 13 CFR Part 123 (RIN 3245–AI08). It raises the unsecured loan threshold to $50,000 for EIDL loans for all disasters and for physical home and business loans under Major Disaster declarations. The rule says the collateral threshold for major disasters and EIDL has been at $25,000 since 2014, and for SBA Agency disasters $14,000 since 2008, despite cost and inflationary increases. It also revises how SBA determines whether an applicant has credit elsewhere, to modernize and replace the current process. The rule is effective September 9, 2024, unless SBA receives a significant adverse comment. The same pages also print unrelated FAA rules.

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

Full text

                                                 59826             Federal Register / Vol. 89, No. 142 / Wednesday, July 24, 2024 / Rules and Regulations

                                                 SMALL BUSINESS ADMINISTRATION                            I. Background Information                             when SBA will aggregate physical home
                                                                                                             SBA’s Disaster Loan Program provides               and business loans and or EIDL loans to
                                                 13 CFR Part 123                                          direct assistance to homeowners,                      the same borrowers and affiliates to
                                                 RIN 3245–AI08                                            renters, businesses, and nonprofits,                  determine if collateral is required.
                                                                                                          which is critical to rebuilding                          The collateral threshold for major
                                                 Disaster Assistance Loan Program                         communities after a disaster. Pursuant                disasters and EIDL across all declaration
                                                 Changes to Unsecured Loan Amounts                                                                              types, has been at $25,000 since 2014.
                                                                                                          to section 7(b) of the Small Business
                                                 and Credit Elsewhere Criteria                                                                                  The collateral threshold for SBA Agency
                                                                                                          Act, 15 U.S.C. 636(b) (the Act), SBA is
                                                                                                                                                                disasters has been $14,000 since 2008,
                                                 AGENCY: U.S. Small Business                              authorized to make direct loans to
                                                                                                                                                                except for a temporary increase to
                                                 Administration.                                          homeowners, renters, businesses, and
                                                                                                                                                                $25,000 in 2015. These amounts have
                                                                                                          non-profit organizations that have been
                                                 ACTION: Direct final rule.                                                                                     not been updated despite cost and
                                                                                                          adversely affected by a disaster. The Act
                                                                                                                                                                inflationary increases.
                                                 SUMMARY: This direct final rule amends                   authorizes the Administrator to increase                 SBA is revising paragraphs (a)(1) and
                                                 the U.S. Small Business Administration                   the SBA’s size limits on unsecured                    (2) to increase the unsecured loan
                                                 (SBA or Agency) regulations governing                    disaster loans for physical damages in                threshold to $50,000 for EIDL loans for
                                                 the SBA Disaster Loan Program by                         Major Disasters and for EIDL loans for                all disasters and for physical home and
                                                 revising how it determines whether an                    all disaster declarations except Military             business loans for Major Disaster
                                                 applicant has credit elsewhere to                        Reservist Economic Injury Disaster                    declarations. SBA believes the current
                                                 modernize and replace the current                        Loans (MREIDL). (See 15 U.S.C.                        collateral threshold of $25,000
                                                 process. SBA is also increasing the                      636(d)(6)) SBA is further authorized to               unnecessarily prevents borrowers from
                                                 unsecured threshold for physical                         set a low-interest rate for individuals               receiving adequate funds to completely
                                                 damage loans under Major Disaster                        and businesses that SBA determines are                recover after a disaster. A recent
                                                 declarations and for Economic Injury                     unable to obtain credit elsewhere and to              working paper published by the
                                                 Disaster Loans (EIDL) under all disaster                 set a market interest rate for the                    National Bureau of Economic Research
                                                 declarations.                                            individuals and businesses that can                   (NBER working paper) used SBA
                                                 DATES:                                                   obtain credit elsewhere.                              disaster loan application and loan
                                                    Effective date: This rule is effective                   With natural disasters increasing in               performance data to analyze the effect of
                                                 September 9, 2024, unless SBA receives                   severity and frequency across the                     collateral requirements on borrower
                                                 a significant adverse comment to this                    United States and its territories, SBA is             behavior and default rates.1 Using data
                                                 direct final rule. If a timely, significant              increasing the maximum unsecured                      from 2005 to 2018, the authors
                                                 adverse comment is received, the                         loan limits for home and business loans               determined that 38 percent of all
                                                 Agency will publish a notification of                    declared for Major Disasters and for                  borrowers with losses above the secured
                                                 withdrawal of the direct final rule in the               EIDL loans for all disaster declaration               threshold tended to borrow less money
                                                 Federal Register before the effective                    types. SBA is also revising the method                than they were eligible, because many
                                                 date.                                                    used to determine whether an applicant                have first liens (some had second liens),
                                                    Applicability date: This rule is                      has credit elsewhere.                                 on their property. As a result, there is
                                                 applicable for disasters declared on or                     SBA believes these changes are                     little to no justification for further
                                                 after September 9, 2024.                                 necessary to:                                         leveraging a property with insufficient
                                                                                                             • Address limits due to inflation.                 equity. The study concluded that the
                                                    Comment date: Comments must be                           • Increase efficiencies in the
                                                 received on or before August 23, 2024.                                                                         median Disaster Loan Program borrower
                                                                                                          administration and delivery of the                    forgoes up to 40 percent of their loan
                                                 ADDRESSES: You may submit comments,                      program to better achieve mission and
                                                 identified by the Regulation Identifier                                                                        eligibility to minimize additional liens
                                                                                                          improve outcomes for economic                         on their property. The result is that
                                                 Number (RIN) 3245–AI08, through the                      recovery.                                             borrowers make decisions that may
                                                 Federal eRulemaking Portal: https://                        • Increase the percentage of
                                                 www.regulations.gov. Follow the                                                                                result in insufficient funds to repair
                                                                                                          borrowers utilizing the SBA mitigation
                                                 instructions for submitting comments.                                                                          their home adequately and replace
                                                                                                          program which is designed to prevent
                                                    SBA will post all comments on                                                                               personal property. The NBER working
                                                                                                          future disaster damages and reduce                    paper authors estimated that over $1.1
                                                 https://www.regulations.gov. If you wish                 future disaster economic impacts.                     billion in eligible loan funds were not
                                                 to submit confidential business                             • Reduce the burden of collateral and
                                                 information (CBI) as defined in the User                                                                       disbursed due to borrowers electing to
                                                                                                          improve access to credit in underserved
                                                 Notice at https://www.regulations.gov,                                                                         keep loan amounts below the collateral
                                                                                                          communities which oftentimes have
                                                 please submit the information via email                                                                        threshold.
                                                                                                          limited access to other sources of capital               SBA expects the increase in the
                                                 to Robert Blocker at robert.blocker@                     and historically have seen higher rates
                                                 sba.gov and highlight the information                                                                          unsecured loan limit will result in
                                                                                                          of disasters and lower economic                       increased use by disaster survivors of
                                                 that you consider to be CBI and explain                  survival rates.
                                                 why you believe SBA should hold this                                                                           additional available funds, which may
                                                 information as confidential. SBA will                    II. Section-by-Section Analysis                       include funds SBA makes available
                                                 review the information and make the                                                                            specifically for mitigation uses that
                                                                                                          Section 123.11 Does SBA require                       minimize the risk and cost of future
                                                 final determination whether it will                      collateral for any of its disaster loans?
                                                 publish the information.                                                                                       disasters. Currently, only two percent of
                                                                                                             Section 123.11 defines the conditions




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                                                                                                                                                                borrowers utilize mitigation funds. By
                                                 FOR FURTHER INFORMATION CONTACT:                         under which SBA will not require                      increasing the unsecured threshold, we
                                                 Robert Blocker, Office of Financial                      collateral for disaster loans. Paragraph
                                                 Assistance, Office of Capital Access,                    (a) provides the dollar thresholds below                1 The Cost of Consumer Collateral: Evidence from
                                                 Small Business Administration, at                        which collateral generally will not be                Bunching (https://www.fdic.gov/analysis/cfr/
                                                 Robert.blocker@sba.gov or (202) 619–                     required for EIDL loans, physical                     consumer/2022/papers/collier-paper.pdf). Collier,
                                                 0477.                                                                                                          Benjamin, et al. The Cost of Consumer Collateral:
                                                                                                          disaster home and business loans, and                 Evidence from Bunching, 2021, https://doi.org/
                                                 SUPPLEMENTARY INFORMATION:                               MREIDL loans. Paragraph (c) defines                   10.3386/w29527.



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                                                                   Federal Register / Vol. 89, No. 142 / Wednesday, July 24, 2024 / Rules and Regulations                                                 59827

                                                 expect more borrowers to fully access                    the process of determining whether an                 increasing by 2.77–10.7 percentage
                                                 the funds available, not only to fully                   applicant has credit elsewhere by                     points in each lower credit score tier.3
                                                 repair and rebuild, but to build                         allowing the use of credit score                         The current regulation requiring
                                                 resiliency against future risk. This                     modeling as a basis of this                           evaluation of cash flow and disposable
                                                 serves as an incentive for borrowers to                  determination. This change would sync                 assets has led to approvals of disaster
                                                 secure their homes against such impacts                  the requirement with what is currently                loans that are not consistent with
                                                 to prevent losses and expedite                           utilized by non-Federal sources. As a                 private sector practices, where credit
                                                 borrowers’ recoveries from subsequent                    result of the changes to § 123.104 SBA                scores are the primary factor in
                                                 disasters. These changes align with                                                                            determining the interest rate. Our
                                                                                                          also is amending § 123.507(c), as it also
                                                 SBA’s initiative to increase utilization of                                                                    analysis of Hurricane Ian business loans
                                                                                                          references analyzing cash flow and
                                                 the mitigation program from two                                                                                shows that the average credit score for
                                                                                                          disposable assets.                                    loan business principals for loans
                                                 percent to twenty percent.
                                                    Historically, home loans make up                         On April 25, 2014, SBA amended its                 approved for businesses with credit
                                                 approximately 80 percent of disaster                     regulations to allow the use of an                    elsewhere was 775. In comparison, the
                                                 applications in most disasters. The real                 applicant’s credit score as evidence of               average credit score for loans approved
                                                 estate collateral associated with these                  repayment ability, 79 FR 22859. The                   for businesses without credit elsewhere
                                                 loans is primarily the damaged                           intent of the change was to allow SBA                 was comparable, at 776. Additionally,
                                                 residence of the disaster survivor. Most                 to expedite the processing of                         analysis for home loans approved for
                                                 disaster home borrowers have one or                      applications with strong credit by                    Hurricane Ian shows the average credit
                                                 more existing mortgages leaving                          removing the requirement to analyze                   score for homeowners without credit
                                                 minimal or no equity value for                           cash flow for all loans. Although the                 elsewhere was 717. Of those individuals
                                                 additional leverage. When SBA requires                   change allowed SBA to utilize a more                  determined to have credit elsewhere,
                                                 a lien on those assets, the lien is                      efficient process for determining                     the average credit score was 784. Of that
                                                 subordinate to all existing                                                                                    number, 9.4 percent of those had credit
                                                                                                          repayment, there was no coinciding
                                                 encumbrances and, often does not add                                                                           scores of 719 or below.
                                                                                                          change to streamline the determination
                                                 recoverable value to SBA’s lien position.                                                                         SBA can use FICO Small Business
                                                 The subordinate position significantly                   of credit elsewhere. Because the current
                                                                                                                                                                Scoring Service (SBSS) to determine
                                                 reduces recovery for SBA in the event                    regulation states that credit elsewhere is
                                                                                                                                                                credit available elsewhere for business
                                                 of a default and foreclosure. Collateral                 evaluated based on cash flow and                      loan applicants. The SBSS Score ranges
                                                 analysis of SBA loan portfolio from                      disposable assets, a complete financial               from zero to 300 and is calculated based
                                                 2018 through 2023, 41 percent of                         analysis still must be performed for                  on the business owners’ consumer
                                                 disaster survivors who apply for and                     every applicant even when credit scores               credit bureau data, the business’s credit
                                                 receive SBA assistance do not have                       are used as a basis for repayment. To                 report (e.g., D&B), the business’s
                                                 collateral sufficient to fully secure the                review a disaster survivor’s disposable               financial data, and loan application
                                                 loan. Further collateral analysis                        assets, SBA requires home loan                        data. Information obtained from
                                                 indicates 13 percent of borrowers do not                 applicants to submit a list of assets;                businesscreditreports.com shows SBSS
                                                 have adequate equity to secure 20                        business principals to submit a personal              scores can be divided into ranges as
                                                 percent of the loan amount and 7                         financial statement; and, in some cases,              follows: 4
                                                 percent of borrowers have no equity to                   business and affiliate entities to submit                Poor: 1–160, 16% of applicants score
                                                 secure the SBA loan. In practice, the                    complete copies of their Federal tax                  in this range;
                                                 costs of default and foreclosure and the                 returns. The regulation also requires                    Fair: 161–190, 29% of applicants
                                                 satisfaction of any senior liens on the                  SBA to review the assets to determine                 score is this range;
                                                 property significantly diminish SBA’s                    what is disposable. This process is time                 Good: 191–210, 45% of applicants
                                                 recovery.                                                consuming and subjective.                             score in this range;
                                                    This change will expedite                                                                                      Excellent: 211–300, 10% of applicants
                                                 disbursement of more funds to                               SBA has determined that a high credit              score in this range.
                                                 borrowers and reduce costs to the                        score is the best indication of whether                  SBA disaster lending has not
                                                 Agency for monitoring liens. Most                        a disaster survivor could obtain                      historically used SBSS scores, so there
                                                 importantly, it will lower costs (lien                   financing from non-Federal sources at                 is no comparable data to show average
                                                 recording fees, documentary stamps,                      reasonable terms. The lending industry                SBSS scores for current disaster market
                                                 etc.) to the disaster survivors, while                   uses credit scoring for determining both              rate loans compared to below market
                                                 ensuring they have adequate recovery                     whether to approve credit and what                    rate loans or to show what percentage of
                                                 support. Reducing SBA’s costs                            interest rate to provide the borrower.                loans would be at market rate based on
                                                 associated with obtaining property                       Individual credit scores generally range              a specific SBSS score. However, SBA
                                                 reports necessary to secure collateral                   from 300 to 835. According to the Fair                currently utilizes SBSS scoring for other
                                                 and preparing security instruments to                    Isaacs Corporation (FICO) loan                        financial assistance programs,
                                                 comply with each state will also reduce                  calculator, borrowers with credit scores              specifically as a prescreening process
                                                 the need for both additional disaster                    of 760 and above receive the lowest                   for 7(a) Small Loans, with a minimum
                                                 contracts and surge staffing to process,                 mortgage interest rates, and interest                 SBSS score of 155; and Community
                                                 disburse, and service secured disaster                   rates increase by .225 percentage points              Advantage loans, with a minimum SBSS
                                                 loans.                                                                                                         score of 140. The Disaster Loan
                                                                                                          in each lower credit score tier.2 In




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                                                                                                                                                                Program’s implementation of SBSS
                                                 Section 123.104 What interest rate will                  addition, according to Bankrate, credit
                                                 I pay on my home disaster loan?                          scores of 720 and above receive the                     3 Average Personal Loan Interest Rates | Bankrate

                                                    The current language of § 123.104                     lowest average interest rates on personal             (https://www.bankrate.com/loans/personal-loans/
                                                 requires SBA to determine whether a                      loans, with the average interest rates                average-personal-loan-rates/).
                                                                                                                                                                  4 BCR—FICO SBSS—Overview.pdf
                                                 disaster survivor has credit elsewhere                                                                         (businesscreditreports.com) (https://
                                                 by analyzing their cash flow and                           2 myFICO (www.myfico.com/credit-education/
                                                                                                                                                                businesscreditreports.com/documents/BCR%20-
                                                 disposable assets. SBA is streamlining                   calculators/loan-savings-calculator).                 %20FICO%20SBSS%20-%20Overview.pdf).



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                                                 59828             Federal Register / Vol. 89, No. 142 / Wednesday, July 24, 2024 / Rules and Regulations

                                                 scores will bring consistency in                            By permitting the use of credit score              as a result of a disaster, as well as
                                                 prescreening processes across SBA                        modeling, SBA is expending the process                expediting the processing and
                                                 financial programs. The FICO SBSS                        of determining whether an applicant has               disbursement of SBA disaster loans. Due
                                                 score is calculated using two main                       credit elsewhere. This will allow for a               to urgent needs for disaster assistance,
                                                 factors: personal finance and business                   quicker approval process because SBA                  and the noncontroversial nature of these
                                                 finance. Personal finance includes                       will not be restricted to performing a                changes, the SBA concludes immediate
                                                 factors such as on-time payment history,                 time-consuming cash flow analysis for                 action is required to support
                                                 types of loan accounts, and your credit                  each loan. SBA will be able to decrease               homeowners, businesses, and their
                                                 utilization rate. Business finance                       the time it takes to process all loan                 communities as they recover from future
                                                 includes factors like the number of                      applications overall and expedite the                 disasters.
                                                 employees, cash flow, time in business,                  processing of applications from victims
                                                                                                          of disasters. The SBA’s disaster loan                 Compliance With Executive Orders
                                                 and major complaints and lawsuits
                                                                                                          unsecured loan threshold has not                      12866, 12988, 13132, 13175, 13563,
                                                 against your company.
                                                                                                          changed in over a decade, even though                 14030, 14094, the Paperwork Reduction
                                                    SBA’s rule will streamline the                                                                              Act (44 U.S.C., Ch. 35)),), and the
                                                 processing of disaster loans by removing                 natural disasters are becoming more
                                                                                                          severe and frequent across the United                 Regulatory Flexibility Act (5 U.S.C.
                                                 the requirement to evaluate cash flow                                                                          601–612)
                                                 and disposable assets for all loans.                     States and its territories, as evidenced
                                                 However, SBA may still utilize a review                  by more longer hurricane seasons and                  Executive Orders 12866, 13563 and
                                                 of cash flow as part of the credit                       more frequent wildfires, tornados,                    14094
                                                 elsewhere determination in certain                       floods, and blizzards. All disasters are
                                                                                                          urgent, necessitating the most efficient                 SBA is issuing this direct final
                                                 situations. For example, when an                                                                               rulemaking in conformance with
                                                 applicant has a high credit score but                    and effective path to assistance for
                                                                                                          survivors. In short, an increase in the               Executive Orders 12866, 13563, and
                                                 large disaster losses, SBA may evaluate                                                                        14094. Executive Orders 12866 and
                                                 cash flow to determine if the cost of                    SBA’s disaster unsecured threshold is
                                                                                                          necessary to meet the current economic                13563 direct agencies to assess all costs
                                                 obtaining disaster financing from non-                                                                         and benefits of available regulatory
                                                 Federal sources would present a                          demands of more severe and frequent
                                                                                                          disasters.                                            alternatives and, if regulation is
                                                 hardship to the disaster survivor.                                                                             necessary, to select regulatory
                                                                                                             SBA does not anticipate receiving
                                                    The regulatory changes would allow                    significant adverse comments because                  approaches that maximize net benefits
                                                 SBA to automate and streamline more                      the principal effect of these                         (including potential economic,
                                                 loan processes. Utilizing credit scores to               amendments is to reduce delays in loan                environmental, public health and safety
                                                 determine credit elsewhere also allows                   processing and provide faster assistance.             effects, distributive impacts, and
                                                 SBA to provide greater clarity to disaster               Also, SBA will be able to increase the                equity). Executive Order 13563
                                                 survivors regarding interest rate                        amount disaster survivors can borrow                  emphasizes the importance of
                                                 determinations. Furthermore,                             through the SBA’s Disaster Assistance                 quantifying both costs and benefits,
                                                 determining credit elsewhere by using                    Loan Program while reducing the                       reducing costs, harmonizing rules, and
                                                 credit scores would make the process                     burdens of pledging collateral to the                 promoting flexibility. Executive Order
                                                 easily adaptable. If a score leads to a                  disaster survivors, such as having to                 14094 reaffirms, supplements, and
                                                 large increase or decrease in the                        provide the additional documentation                  updates Executive Order 12866 and
                                                 percentage of disaster survivors showing                 required for a secured loan amount and                further directs agencies to solicit and
                                                 credit elsewhere, the score can be                       incurring costs associated with lien                  consider input from a wide range of
                                                 adjusted, which would directly impact                    recording fees, title company fees, etc.              affected and interested parties through a
                                                 the percentage.                                          Unsecured loans require minimal                       variety of means. The Office of
                                                 III. Justification for Direct Final Rule                 documentation, such as an executed                    Management and Budget has
                                                                                                          Note and Loan Authorization and                       determined that this rule does not
                                                    Agencies typically utilize direct final               Agreement. Because there is less                      constitute a significant regulatory action
                                                 rulemakings for non-controversial                        documentation to collect and review,                  under Executive Order 12866, as
                                                 regulatory actions that are unlikely to                  the SBA can disburse funds below the                  amended by Executive Order 14094.
                                                 receive adverse comments. In direct                      unsecured loan threshold much more                       SBA has developed this rule in a
                                                 final rulemaking, an agency publishes a                  quickly. SBA’s disaster loan program                  manner consistent with these
                                                 final rule with a statement that the rule                offers long-term, low interest, fixed rate            requirements and thoroughly examined
                                                 will go into effect unless the agency                    loans to disaster survivors, enabling                 the costs and benefits as well as
                                                 receives significant adverse comment                     them to replace real or personal                      availability of regulatory alternatives
                                                 within a specified period. Significant                   property damaged or destroyed in                      associated with its implementation;
                                                 adverse comments are comments that                       declared disasters. It also offers such               therefore, SBA has drafted an analysis
                                                 provide strong justifications why the                    loans to affected small businesses and                for the public’s information below.
                                                 rule should not be adopted or for                        non-profits to help them recover from
                                                 changing the rule. If the agency receives                                                                      A. Objectives of the Rule
                                                                                                          economic injury caused by such
                                                 no significant adverse comment in                        disasters.                                              This rule amends regulations
                                                 response to the direct final rule, the rule                 The changes in this direct final rule              governing the SBA Disaster Loan
                                                 goes into effect. If the agency receives                 will not require members of the public                Program by revising the Credit
                                                 significant adverse comment, the agency                                                                        Elsewhere Test (CET) to allow credit




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                                                                                                          to adjust their behavior. Rather, the
                                                 withdraws the direct final rule and may                  changes will benefit the public by                    score modeling in order to streamline
                                                 instead issue a proposed rulemaking.                     allowing for increased compensation                   disaster loan processing. Additionally,
                                                 SBA has determined that the regulatory                   before collateral is required to                      the rule increases the unsecured loan
                                                 changes addressed in this direct final                   adequately reflect increases in costs                 threshold from $25,000 to $50,000 for
                                                 rulemaking are non-controversial, and                    associated with replacing and repairing               EIDL loans for all disasters and for
                                                 not likely to result in adverse                          residential real property and household               physical home and business loans for
                                                 comments.                                                effects that have been lost or damaged                Major Disaster declarations. The revised


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                                                                   Federal Register / Vol. 89, No. 142 / Wednesday, July 24, 2024 / Rules and Regulations                                             59829

                                                 CET streamlines loan processing,                         has noted that loans without collateral                 revising internal policies, procedures,
                                                 including interest rate determination,                   requirements are generally fully funded                 and training.
                                                 making these Disaster Loan Program                       in a single disbursement while secured                     The largest source of potential costs
                                                 practices more consistent with lending                   loans have usually required multiple                    for SBA may result from the increase in
                                                 sector practices. SBA recognizes the                     disbursements. SBA expects a                            loans without collateral following the
                                                 increased severity of financial                          significant reduction in the time                       increase in the collateral threshold in
                                                 consequences from disasters and, in                      required for full disbursement of loan                  § 123.11. With this change, SBA
                                                 response, is increasing the threshold for                proceeds for the great majority of                      estimates from its experience with loans
                                                 the collateral requirement. Evidence                     disaster borrower by increasing the                     after Hurricane Ian that 70.98 percent of
                                                 suggests that the collateral requirement                 secured loan limit, along with other                    home loans would be unsecured, an
                                                 has been an impediment to access of                      program improvements within the ULP,                    increase from the current unsecured
                                                 financial resources for disaster recovery                resulting in major benefits to borrowers.               home loan portfolio from Hurricane Ian
                                                 for households by limiting disaster loan                 A faster disbursement of the loans                      of 55.3 percent. Based on historical data,
                                                 amounts. SBA expects that lending                        further enhances the restorative work of                this increase in unsecured loans may
                                                 shortfalls will become greater with                      these loans to homes and businesses.                    lead to more defaults, necessitating a
                                                 increased severity of financial                             The adjustment of the collateral                     higher subsidy rate. The Agency notes
                                                 consequences from disasters.                             threshold and revision of the CET                       the cost savings from the new CET will
                                                                                                          decreases the burden on borrowers to                    offset at least some of this cost and with
                                                 B. Benefits of the Rule                                  provide documentation that SBA must                     the additional cost savings from the
                                                    Revision of the Credit Elsewhere Test                 verify, resulting in savings in disaster                ULP, SBA expects a decrease in the
                                                 (CET) and the introduction of the                        staffing and training. The Agency                       overall costs of the disaster loan
                                                 Agency’s Unified Lending Platform                        expects that with the higher collateral                 program. In the event of default, SBA
                                                 (ULP), a new processing system, will                     threshold, the number of loans requiring                does expect an impact on the recovery
                                                 streamline SBA disaster lending. The                     collateral at original approval will                    rates from reduced collections from
                                                 benefit of the revised CET for the                       decrease from 46.4 percent to 31 percent                collateral liquidations, but this is in part
                                                 Agency and borrowers is clarity of                       of approved disaster loans. SBA                         limited even under current regulations
                                                 evaluation for loan eligibility and                      estimates the decrease in loan                          because these disaster loans have been
                                                 interest rate determination, increased                   processing costs with the increased                     and will continue to be subordinated to
                                                 program efficiency, and reduction of                     collateral threshold is $20.33 per loan,                existing mortgages.
                                                 uncertainty in the process. Revised CET                  generating $203,300 in savings to the                      To consider the impact of increased
                                                 integrated within the ULP will reduce                    Agency for every 10,000 approved                        unsecured loan limits, SBA analyzed
                                                 the hiring of temporary personnel in the                 loans. Another example of cost savings                  the activity from Hurricane Ian, a
                                                 Disaster Loan Program for each separate                  is the reduction in property and vesting                powerful Category 5 hurricane which
                                                 disaster lending period. SBA expects the                 reports and other information for                       made landfall on the west coast of
                                                 government to benefit from the cost                      recording of liens, for which SBA                       Florida on September 28, 2022, and
                                                 savings enabled by a reduced need for                    currently contracts with a third-party                  again in the Carolinas on September 30,
                                                 temporary lending personnel with the                     vendor. A vesting report costs about $25                2022. Ian was responsible for 155
                                                 revised CET within the ULP.                              per property, so a decrease from 46.4                   fatalities in the United States and
                                                    SBA undertook the increase in the                     percent to 31 percent of loans requiring                caused an estimated $113 billion dollars
                                                 collateral threshold in response to                      this report reduces this particular                     in damages.
                                                 evidence that shows an increase in                       expense by $38,500 for every 10,000                        SBA’s analysis of Hurricane Ian
                                                 financial well-being for disaster loan                   approved loans.6                                        suggests that if the unsecured home loan
                                                 borrowers,5 and also addresses a                                                                                 limit of $50,000 had been in place,
                                                 reluctance to enter into a loan                          C. Costs of the Rule                                    9,286 of the 13,083 home loans from
                                                 agreement with SBA that would involve                      Assessment of costs in this impact                    Hurricane Ian could be unsecured
                                                 a lien on property. The collateral                       analysis includes those borne by                        compared to the 7,235 that were at the
                                                 threshold revision increases the                         borrowers and by the Agency. Excluding                  unsecured threshold or less for that
                                                 availability of the benefits of SBA’s                    initial procurement costs of the ULP,7                  disaster. This represents an overall
                                                 disaster lending. Noteworthy is that                     learning the new application system                     percentage increase of 15.68%. The
                                                 home loans generally make up 80                          with ULP is the initial cost for                        increase in the unsecured portfolio for
                                                 percent of disaster loan applicants.                     borrowers and for SBA. However, any                     Ian home loans would be 35.50% of the
                                                    The increased threshold for collateral                loan application involves an application                dollar value compared to the actual
                                                 is consistent with increased ability to                  and as the revised system is expected to                22.73% value of the active Ian portfolio.
                                                 work within the Agency’s statutory                       be more streamlined, SBA expects this                   A similar percentage increase to the
                                                 authorization in Section 7(b) of the                     burden to applicants to be lower than                   active home loan portfolio would
                                                 Small Business Act to make loans to                      under the system it is to replace. SBA                  increase the unsecured portion of home
                                                 individuals and entities that have been                  expects the reduction in application                    disaster loans by $81,466,615, which is
                                                 adversely affected by disasters. SBA                     processing and portfolio management                     small when compared to the $7.2
                                                 believes that its current collateral                     costs will outweigh costs of                            billion-dollar active home loan
                                                 requirements are an impediment to                        familiarization with the new system                     portfolio.
                                                 increasingly expensive rebuilding                                                                                   At an estimated subsidy rate of 19bps
                                                                                                          plus any costs of developing and
                                                 efforts, by increasing the collateral




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                                                                                                                                                                  and a five-year average loan amount of
                                                 threshold SBA will shorten loan cycle                         6 10,000 × (.464¥.31) × $25 = $38,500.             $39,300 for loans impacted by the
                                                 time for approved loans. The Agency                        7 SBA’s acquisition of ULP is independent of a        collateral change, the estimated effect
                                                                                                          change in the collateral threshold. The procurement     on the subsidy for each increase of
                                                   5 Collier, Ben and Ben Keys, SBA-Wharton               cost is therefore not a cost of CET or the increased    10,000 unsecured loans is $746,700.
                                                 Partnership: Update on Findings, March 2023              threshold. The learning and familiarization costs
                                                 found a statistically significant reduction in           are not entirely attributable to CET or the increased
                                                                                                                                                                     The following table represents
                                                 bankruptcies among disaster loan borrowers in the        threshold, as ULP will be the platform for SBA’s        Hurricane Ian home loans Secured vs
                                                 years following a disaster.                              loan programs.                                          Unsecured if the unsecured limit was


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                                                 59830                   Federal Register / Vol. 89, No. 142 / Wednesday, July 24, 2024 / Rules and Regulations

                                                 $50,000 as a percentage of the active
                                                 home loan portfolio and in dollars.

                                                                                                                                     HURRICANE IAN HOME LOANS
                                                                                                                                                                                Percentage of                           Percentage of
                                                                                                                                                           Number of                                        Total
                                                                                        Loan amounts                                                                              number of                             total value of
                                                                                                                                                          active loans                                   loan value
                                                                                                                                                                                 home loans                              home loans

                                                 0–$50,000 ........................................................................................                  9,286                70.98          $226,545,460             35.50
                                                 >$50,000 ..........................................................................................                 3,797                29.02           411,660,300              64.5

                                                       Total ..........................................................................................             13,083                  100           638,205,760               100


                                                                                                                                  HURRICANE IAN BUSINESS LOANS
                                                                                                                                                                               Percentage of                            Percentage of
                                                                                                                                                           Number of                                        Total
                                                                                        Loan amounts                                                                             number of                               total value of
                                                                                                                                                          active loans                                   loan value
                                                                                                                                                                               business loans                           business loans

                                                 0–$50,000 ........................................................................................                  1,099                55.76           $26,308,000              8.93
                                                 >$50,000 ..........................................................................................                   872                44.24           268,687,200             91.07

                                                       Total ..........................................................................................              1,971                  100           294,695,200               100



                                                    The table of Hurricane Ian business                                     D. Alternatives                                             3(b)(2) of Executive Order 12988, Civil
                                                 loans shows that 1,099 of the business                                        The rule includes increasing the                         Justice Reform, to minimize litigation,
                                                 loans for Ian would have been                                              unsecured loan thresholds for physical                      eliminate ambiguity, and reduce
                                                 unsecured if the limit was $50,000                                         and EIDL loans from current levels. The                     burden. The action does not have
                                                 compared to the 828 approved for                                           alternative may be to modify the                            preemptive effect or retroactive effect.
                                                 $25,000 or less for that disaster. This                                    increases at a lower or higher amount.
                                                 represents an overall percentage                                                                                                       Executive Order 13132
                                                                                                                            By providing updates and adjustments
                                                 increase of 13.75%. The increase in the                                    in unsecured loan amounts, including                          This rule does not have federalism
                                                 total loan amounts in the unsecured                                        aggregation of loans to one borrower, the                   implications as defined in Executive
                                                 portfolio for Ian business loans would                                     Agency has optimized the disaster                           Order 13132. It will not have substantial
                                                 be 8.93% compared to the 5.34% for                                         survivors’ options for recovery on more                     direct effects on the States, on the
                                                 this disaster. The dollar figure of                                        reasonable and equitable terms. SBA has                     relationship between the National
                                                 unsecured business loans for Ian would                                     determined that the increase to $50,000                     Government and the States, or on the
                                                 only increase by $10,557,300 or only                                       for unsecured disaster loans and the                        distribution of power and
                                                 3.6% of the Ian business portfolio. A                                      corresponding changes to the loan                           responsibilities among the various
                                                 similar comparison to the current active                                   aggregation rules for a single borrower is                  levels of government, as specified in the
                                                 portfolio finds that 3.6% would only be                                    the appropriate action. The Agency did                      Executive order. As such it does not
                                                 $67,696,547 of the current                                                 not consider any alternative to the new                     warrant the preparation of a Federalism
                                                 $1,880,459,649 disaster business loan                                      CET, which brings consistency with                          Assessment.
                                                 portfolio.                                                                 general lending practices to the loan
                                                    Based on SBA’s analysis, the Agency                                                                                                 Executive Order 13175
                                                                                                                            program and facilitates the
                                                 determined that the changes enhance                                        implementation of ULP, which is an                             This rule does not have tribal
                                                 the efficiency of the administration and                                   Agency priority.                                            implications under Executive Order
                                                 delivery of the Disaster Loan Program.                                        For each 10,000 loans, the rule                          13175, Consultation and Coordination
                                                 For example, SBA anticipates increasing                                    generates savings to the Agency of                          with Native American Tribal
                                                 the unsecured threshold will allow SBA                                     $203,300 from reduced processing costs                      Governments, because it does not have
                                                 to disburse the majority of approved                                       and $38,500 from elimination of the                         a substantial direct effect on one or
                                                 disaster loans within seven days of                                        recording of liens, for quantifiable                        more Native American Tribes, on the
                                                 approval. Moreover, SBA anticipates the                                    savings of $241,500 on each 10,000                          relationship between the Federal
                                                 changes will have minimal impact on                                        unsecured loans. These quantifiable                         Government and Native American
                                                 the overall cost of the Disaster Loan                                      benefits are balanced against an                            Tribes, or on the distribution of power
                                                 Program. Additionally, SBA expects the                                     estimated subsidy impact of $746,700                        and responsibilities between the Federal
                                                 changes may motivate borrowers to                                          for each 10,000 unsecured loans.                            Government and Native American
                                                 make use of the disaster loan mitigation                                   Additionally, SBA expects the changes                       Tribes.
                                                 program, thereby reducing the extent of                                    in the rule to make the disaster loans
                                                 damages caused by future disasters.                                                                                                    Executive Order 14030
                                                                                                                            more widely available, which will
                                                 Furthermore, the changes aim to ensure                                                                                                    SBA was tasked with developing




ddrumheller on DSK120RN23PROD with RULES1
                                                                                                                            generate additional benefits to the
                                                 fair and equal access to disaster                                          borrowers and their communities,                            recommendations for improving how
                                                 assistance in underserved communities                                      further balancing the benefits against                      Federal financial management and
                                                 that may lack access to other sources of                                   the costs.                                                  reporting can incorporate climate-
                                                 capital, requiring these borrowers to                                                                                                  related financial risk, especially as that
                                                 pledge collateral to SBA rather than                                       Executive Order 12988                                       risk relates to Federal lending programs.
                                                 forgoing collateral lien and seeking                                         This action meets applicable                              The SBA Disaster Loan Program
                                                 other sources of affordable capital.                                       standards set forth in sections 3(a) and                    contains eligibility and additional loan


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                                                                   Federal Register / Vol. 89, No. 142 / Wednesday, July 24, 2024 / Rules and Regulations                                               59831

                                                 funds for mitigation measures that allow                 when—among other exceptions—the                       § 123.104 What interest rate will I pay on
                                                 physical disaster loan recipients to                     agency for good cause finds that notice               my home disaster loan?
                                                 obtain additional funds to install                       and public procedure are impracticable,                  If you can obtain credit elsewhere,
                                                 mitigating measures to protect homes                     unnecessary, or contrary to the public                your interest rate is set by a statutory
                                                 and businesses and reduce future                         interest. SBA Office of Advocacy Guide:               formula, but will not exceed eight (8)
                                                 property damage.                                         How to Comply with the Regulatory                     percent per annum. If you cannot obtain
                                                   Currently, only two percent of                         Flexibility Act, Ch.1. p.9. Since this rule           credit elsewhere, your interest rate is
                                                 borrowers apply for mitigation funds.                    is exempt from notice and comment,                    one-half the statutory rate, but will not
                                                 Increasing the unsecured threshold will                  SBA is not required to conduct a                      exceed four (4) percent per annum.
                                                 encourage borrowers not only to make                     regulatory flexibility analysis.                      Generally, credit elsewhere means that
                                                 full use of funds available to complete                                                                        SBA believes you could obtain
                                                 not just repairs, but to also to access                  List of Subjects in 13 CFR Part 123
                                                                                                                                                                financing from non-Federal sources on
                                                 funds to mitigate future loss from                         Disaster assistance, Loan programs—                 reasonable terms subsequent to the
                                                 subsequent disasters. This increases                     business, Small businesses.                           declaration of a disaster. SBA may
                                                 survivors’ recovery and resiliency                                                                             include the use of credit score to make
                                                 against future disasters and achieves the                  For the reasons set forth in the                    this determination. If you cannot obtain
                                                 Agency’s goal to increase the mitigation                 preamble, the SBA amends 13 CFR part                  credit elsewhere, you also may be able
                                                 program utilization from two percent to                  123 as follows:                                       to borrow from SBA to refinance
                                                 20 percent.                                                                                                    existing recorded liens against your
                                                                                                          PART 123—DISASTER LOAN
                                                 Paperwork Reduction Act, 44 U.S.C. Ch.                   PROGRAM                                               damaged real property.
                                                 35                                                                                                             ■ 4. Amend § 123.507 by revising
                                                                                                          ■ 1. The authority citation for part 123              paragraph (c) to read as follows:
                                                   SBA has determined that this final
                                                 rule does not impose additional                          continues to read as follows:                         § 123.507 Under what circumstances will
                                                 reporting or recordkeeping requirements                    Authority: 15 U.S.C. 632, 634(b)(6), 636(b),        SBA consider waiving the $2 million loan
                                                 under the Paperwork Reduction Act, 44                    636(d), 657n, and 9009.                               limit?
                                                 U.S.C., Chapter 35.                                                                                            *      *    *    *      *
                                                                                                          ■ 2. Amend § 123.11 by revising
                                                 Congressional Review Act, 5 U.S.C. Ch.                                                                            (c) Your small business has used all
                                                                                                          paragraphs (a)(1) and (2) and (c) to read
                                                 8                                                                                                              reasonably available funds from the
                                                                                                          as follows:
                                                                                                                                                                small business, its affiliates, its
                                                    Subtitle E of the Small Business                                                                            principal owners and all available credit
                                                                                                          § 123.11 Does SBA require collateral for
                                                 Regulatory Enforcement Fairness Act of                   any of its disaster loans?                            elsewhere (as described in § 123.104) to
                                                 1996, also known as the Congressional                                                                          alleviate the small business’ economic
                                                 Review Act or CRA, generally provides                       (a) * * *
                                                                                                                                                                injury.
                                                 that before a rule may take effect, the                     (1) Economic injury disaster loans.
                                                 agency promulgating the rule must                        SBA generally will not require the                    Isabella Casillas Guzman,
                                                 submit a rule report, which includes a                   borrower to pledge collateral to secure               Administrator.
                                                 copy of the rule, to each House of the                   an economic injury disaster loan of                   [FR Doc. 2024–16207 Filed 7–23–24; 8:45 am]
                                                 Congress and to the Comptroller General                  $50,000 or less.                                      BILLING CODE 8026–09–P
                                                 of the United States. SBA will submit a                     (2) Physical disaster home and
                                                 report containing this rule and other                    physical disaster business loans. (i) For
                                                 required information to the U.S. Senate,                 Major Disasters declared under                        DEPARTMENT OF TRANSPORTATION
                                                 the U.S. House of Representatives, and                   § 123.3(a)(1) or (2), SBA generally will
                                                 the Comptroller General of the United                    not require the borrower to pledge                    Federal Aviation Administration
                                                 States. A major rule under the CRA                       collateral to secure a physical disaster
                                                 cannot take effect until 60 days after it                home or physical disaster business loan               14 CFR Part 71
                                                 is published in the Federal Register.                    of $50,000 or less.
                                                 The Office of Information and                                                                                  [Docket No. FAA–2024–1392; Airspace
                                                 Regulatory Affairs has determined that                      (ii) For SBA-declared disasters under              Docket No. 24–ASW–11]
                                                 this rule is not a ‘‘major rule’’ as defined             § 123.3(a)(3) or (6), SBA generally will
                                                                                                                                                                RIN 2120–AA66
                                                 by 5 U.S.C. 804(2). Therefore, this rule                 not require the borrower to pledge
                                                 is not subject to the 60-day restriction.                collateral to secure a physical disaster              Establishment of Class E Airspace;
                                                                                                          home or physical disaster business loan               Brenham, TX
                                                 Regulatory Flexibility Act, 5 U.S.C. 601–                of $14,000 or less.
                                                 612                                                      *       *    *     *    *                             AGENCY: Federal Aviation
                                                    The Regulatory Flexibility Act (RFA),                                                                       Administration (FAA), DOT.
                                                                                                             (c) Sometimes a borrower, including
                                                 5 U.S.C. 601–612, generally requires                     affiliates as defined in part 121 of this             ACTION: Final rule.
                                                 that when an agency issues a proposed                    title, will have more than one loan after
                                                 rule, or a final rule pursuant to section                                                                      SUMMARY: This action establishes Class
                                                                                                          a single disaster. In deciding whether
                                                 553(b) of the APA or another law, the                                                                          E airspace at Brenham, TX. The FAA is
                                                                                                          collateral is required, SBA will add up
                                                 agency must prepare a regulatory                                                                               taking this action to support new public
                                                                                                          all physical disaster loans to see if they
                                                                                                                                                                instrument procedures.




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                                                 flexibility analysis that meets the                      exceed the applicable unsecured
                                                 requirements of the RFA and publish                      threshold outlined in paragraph (a)(2) of             DATES: Effective date 0901 UTC, October
                                                 such analysis in the Federal Register. 5                 this section and all economic injury                  31, 2024. The Director of the Federal
                                                 U.S.C. 603, 604.                                         disaster loans to see if they exceed                  Register approves this incorporation by
                                                    Rules that are exempt from notice and                 $50,000.                                              reference action under 1 CFR part 51,
                                                 comment are also exempt from the RFA                                                                           subject to the annual revision of FAA
                                                                                                          *       *    *     *    *
                                                 requirements, including conducting a                                                                           Order JO 7400.11 and publication of
                                                 regulatory flexibility analysis, such as                 ■ 3. Revise § 123.104 to read as follows:             conforming amendments.


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