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Federal Register notice 2021-16014: SBA discontinues PPP Forms 3509 and 3510 (86 FR 40894, July 29, 2021)

Summary

Federal Register page 40894 of July 29, 2021 carrying Small Business Administration 60-day notices that seek public comment on Paycheck Protection Program information collections, with comments due by September 27, 2021. SBA explains that its authority to guarantee PPP loans has expired, but OMB approval of the forms runs out on September 30, 2021 and the collections may still be needed in connection with pending litigation. It proposes no changes to the forms. The Second Draw collection lists an estimated 2,103,200 respondents for SBA Form 2483 and 501,800 for the Schedule C filer version, and a forgiveness application collection lists 591,180 respondents. The page also includes a Surface Transportation Board rail discontinuance notice.

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Cite this document

“Federal Register notice 2021-16014: SBA discontinues PPP Forms 3509 and 3510 (86 FR 40894, July 29, 2021).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/federal-register-notice-2021-16014-sba-discontinues-ppp-forms-3509-and-febfaf1759/, SHA-256 0ad1c295f74dd84674a4167dba3988cbb44cd62b166d9f6257690c01924c86ed.

Full text

                                            40894                          Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Notices

                                            publication of this notice before                        emergency procedures authorized by 5                  collection burden on those who are
                                            submitting the information collection to                 U.S.C. 3507(j) and 5 CFR 1320.13; this                required to respond.
                                            the Office of Management and Budget                      approval is set to expire on September
                                                                                                                                                           Curtis Rich,
                                            (OMB) for review and approval.                           30, 2021.
                                                                                                       Although SBA’s program authority                    Management Analyst.
                                            DATES: Submit comments on or before
                                                                                                     has expired, this information collection              [FR Doc. 2021–16015 Filed 7–28–21; 8:45 am]
                                            September 27, 2021.
                                            ADDRESSES: Comments should refer to                      may still be needed in connection with                BILLING CODE 8026–03–P

                                            the information collection by title or                   pending litigation. Therefore, as
                                            OMB Control Number (3245–0417) and                       required by the Paperwork Reduction
                                                                                                     Act, SBA is publishing this notice as a               SMALL BUSINESS ADMINISTRATION
                                            submitted by the deadline above to:
                                            PPP_Info_Collections@sba.gov.                            prerequisite to seeking OMB’s approval                Data Collection Available for Public
                                            FOR FURTHER INFORMATION CONTACT: You                     to use this information collection                    Comments
                                            may obtain information including a                       beyond September 30, 2021. There are
                                            copy of the forms and supporting                         no proposed changes to any of the                     AGENCY: Small Business Administration
                                            documents from the Agency Clearance                      forms.                                                ACTION: 60-Day notice; request for
                                            Officer, Curtis Rich, at (202) 205–7030,                 Summary of Information Collection                     comments.
                                            or curtis.rich@sba.gov, or from Adrienne
                                                                                                       Title: Paycheck Protection Loan                     SUMMARY: The Small Business
                                            Grierson, Program Manager, Office of
                                                                                                     Program—Second Draw.                                  Administration (SBA) is publishing this
                                            Financial Program Operations, at 202–
                                                                                                       OMB Control Number: 3245–0417.                      notice in compliance with the
                                            205–6573, or adrienne.grierson@
                                                                                                                                                           Paperwork Reduction Act (PRA) of
                                            sba.gov.                                                 (I) SBA Form 2483—Paycheck                            1995, as amended, to solicit public
                                            SUPPLEMENTARY INFORMATION:                               Protection Program Second Draw                        comments on the information collection
                                                                                                     Application                                           described below. The PRA requires
                                            Background
                                                                                                       Estimated Number of Respondents:                    publication of this notice before
                                              Section 1102 of the Coronavirus Aid,                   2,103,200.                                            submitting the information collection to
                                            Relief, and Economic Security (CARES)                      Estimated Annual Responses:                         the Office of Management and Budget
                                            Act, Public Law 116–136, authorized                      2,103,200.                                            (OMB) for review and approval.
                                            SBA to guarantee loans made by banks                       Estimated Annual Hour Burden:                       DATES: Submit comments on or before
                                            or other financial institutions under a                  280,427.                                              September 27, 2021.
                                            temporary program titled the ‘‘Paycheck
                                            Protection Program’’ (PPP). These loans                  (II) SBA Form 2483–SD–C—Paycheck                      ADDRESSES: Comments should refer to
                                            were available to eligible small                         Protection Program Second Draw                        the information collection by title or
                                            businesses, certain non-profit                           Application for Schedule C Filers Using               OMB Control Number (3245–0407) and
                                            organizations, veterans’ organizations,                  Gross Income                                          submitted by the deadline above to:
                                            Tribal business concerns, independent                                                                          PPP_Info_Collections@sba.gov.
                                                                                                       Estimated Number of Respondents:
                                            contractors, and self-employed                                                                                 FOR FURTHER INFORMATION CONTACT: You
                                                                                                     501,800.
                                            individuals adversely impacted by the                      Estimated Annual Responses:                         may obtain information including a
                                            COVID–19 Emergency. SBA’s authority                      501,800.                                              copy of the forms and supporting
                                            to guarantee PPP loans expired on                          Estimated Annual Hour Burden:                       documents from the Agency Clearance
                                            August 8, 2020. On December 27, 2020,                    66,907.                                               Officer, Curtis Rich, at (202) 205–7030,
                                            SBA received reauthorization under the                                                                         or curtis.rich@sba.gov, or from Adrienne
                                            Economic Aid Act, Public Law 116–260,                    (III) SBA FORM 2484–SD—Paycheck                       Grierson, Program Manager, Office of
                                            to resume guaranteeing PPP loans                         Protection Program Second Draw                        Financial Program Operations, at 202–
                                            through March 31, 2021. The Economic                     Lender’s Application for 7(A) Guaranty                205–6573, or adrienne.grierson@
                                            Aid Act also allowed certain eligible                      Estimated Number of Respondents:                    sba.gov.
                                            borrowers that previously received a                     5,506.                                                SUPPLEMENTARY INFORMATION:
                                            PPP loan to receive a second draw PPP                      Estimated Annual Responses:
                                            loan (‘‘Second Draw PPP Loan                                                                                   Background
                                                                                                     2,605,000.
                                            Program’’) and amended certain other                       Estimated Annual Hour Burden:                         Section 1102 of the Coronavirus Aid,
                                            PPP statutory provisions. On March 11,                   1,085,417.                                            Relief, and Economic Security (CARES)
                                            2021, the American Rescue Plan Act,                                                                            Act, Public Law 116–136, authorized
                                                                                                     Solicitation of Public Comments                       SBA to guarantee loans made by banks
                                            Public Law 117–2, was enacted,
                                            amending various PPP statutory                             SBA invites the public to submit                    or other financial institutions under a
                                            provisions. On March 30, 2021, the PPP                   comments, including specific and                      temporary program titled the ‘‘Paycheck
                                            Extension Act of 2021 was enacted,                       detailed suggestions on ways to improve               Protection Program’’ (PPP). These loans
                                            extending the SBA’s PPP program                          the collection and reduce the burden on               were available to eligible small
                                            authority through June 30, 2021.                         respondents. Commenters should also                   businesses, certain non-profit
                                              This information collection is used for                address (i) whether the information                   organizations, veterans’ organizations,
                                            the Second Draw PPP Loan Program.                        collection is necessary for the proper                Tribal business concerns, independent
                                            Since the initial approval of this                       performance of SBA’s functions,                       contractors, and self-employed
                                            information collection on January 8,                     including whether it has any practical                individuals adversely impacted by the
                                            2021, the information collection has                     utility; (ii) the accuracy of the estimated           COVID–19 Emergency. SBA’s authority




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                                            been amended twice to meet the ever-                     burdens; (iii) ways to enhance the                    to guarantee PPP loans expired on
                                            evolving needs of the PPP program, as                    quality, utility, and clarity of the                  August 8, 2020. On December 27, 2020,
                                            necessitated by a statutory program                      information to be collected; and (iv) the             SBA received reauthorization under the
                                            amendments, public feedback, or other                    use of automated collection techniques                Economic Aid Act, Public Law 116–260,
                                            factors. The information collection is                   or other forms of information                         to resume guaranteeing PPP loans
                                            currently approved under the                             technology to minimize the information                through March 31, 2021. The Economic


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                                                                           Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Notices                                          40895

                                            Aid Act also allowed certain eligible                    Agreement’’ and SBA Form 3507,                          • Revise to allow for direct borrower
                                            borrowers to receive a second draw PPP                   ‘‘CARES Act Section 1102 Lender                       submission of the form via SBA’s
                                            loan and amended certain other PPP                       Agreement—Non-Bank and Non-Insured                    Platform.
                                            statutory provisions. On March 11,                       Depository Institution Lenders.’’                       (D) [No Form Number] ‘‘Lender
                                            2021, the American Rescue Plan Act,                         Except for the four forms identified               Reporting Requirements Concerning
                                            Public Law 117–2, was enacted,                           above, all other components of this                   Requests for Loan Forgiveness’’:
                                            amending various PPP statutory                           information collection will still be                    • Provide an optional process for
                                            provisions. On March 30, 2021, the PPP                   needed for various reasons, including                 lenders to allow their PPP borrowers to
                                            Extension Act of 2021 was enacted,                       reporting by lenders, ongoing loan                    submit an electronic version of SBA
                                            extending the SBA’s PPP program                          reviews and requests for loan                         Form 3508S through SBA’s Platform.
                                            authority through June 30, 2021.                         forgiveness. SBA is proposing to make
                                               Subject to certain limitations,                       the following amendments to the                         • Provide an optional process for
                                            proceeds of a PPP loan may be used for                   information to be collected after                     lenders to use SBA’s Platform to
                                            payroll costs, costs related to the                      expiration of the program authority:                  perform reviews of, issue forgiveness
                                            continuation of group health care, life,                                                                       decisions on, and request forgiveness
                                                                                                        (A) SBA Form 3508, ‘‘Paycheck
                                            disability, vision or dental benefits                                                                          payments on SBA Form 3508S
                                                                                                     Protection Program, Loan Forgiveness
                                            during periods of paid sick, medical or                                                                        forgiveness applications submitted by
                                                                                                     Application Form 3508’’ and
                                            family leave and group health care, life,                                                                      their PPP borrowers.
                                                                                                     Instructions; SBA Form 3508EZ
                                            disability, vision, or dental insurance                  ‘‘Paycheck Protection Program, PPP                      • Provide an optional process for
                                            premiums, mortgage interest payments,                                                                          lenders to obtain and use a COVID
                                                                                                     Loan Forgiveness Application Form
                                            rent payments, utility payments, interest                                                                      Revenue Reduction Score to confirm
                                                                                                     3508EZ’’ and Instructions; and SBA
                                            payments on other debt incurred prior                                                                          revenue reduction for certain Second
                                                                                                     Form 3508S, ‘‘Paycheck Protection
                                            to February 15, 2020, refinancing of an                                                                        Draw PPP Loan borrowers.
                                                                                                     Program, PPP Loan Forgiveness
                                            eligible SBA Economic Injury Disaster                                                                            (E) [No Form Number] ‘‘Lender
                                                                                                     Application Form 3508S’’ and
                                            Loan, covered operations expenditures,                                                                         Reporting Requirements for Loan
                                                                                                     Instructions:
                                            covered property damage costs, covered
                                            supplier costs, and covered worker                          • Revise to reflect changes made to                Review’’:
                                            protection expenditures. Under section                   the calculation of payroll costs by                     • Delete requirement for SBA to
                                            7A of the Small Business Act, a PPP                      Schedule C filers under the interim final             review all loans of $2 million or more.
                                            loan may be forgiven in full or in part                  rule titled ‘‘Business Loan Program
                                                                                                                                                           Summary of Information Collection
                                            if the PPP borrower used the proceeds                    Temporary Changes; Paycheck
                                            for the eligible purposes during the loan                Protection Program Revisions to Loan                    Title: Paycheck Protection Loan
                                            forgiveness covered period.                              Amount Calculation and Eligibility’’ (86              Program Borrower Information Form
                                               Since the initial approval on April 6,                FR 13149, March 8, 2021).                             and Lender’s Application for Loan
                                            2020, this information collection has                       • Revise to incorporate payroll cost               Guaranty.
                                            been amended multiple times to meet                      exclusions required by the American                     OMB Control Number: 3245–0407.
                                            the ever-evolving needs of the program,                  Rescue Plan Act.
                                            as necessitated by statutory program                        • Add fields to capture the amount                 (I) SBA FORM 2483—PAYCHECK
                                            amendments, public feedback, or other                    and date of a loan increase.                          PROTECTION PROGRAM BORROWER
                                                                                                                                                           APPLICATION
                                            factors. The information collection is                      • Delete the question (and related
                                            currently approved under the                             instructions) asking if the borrower                    Estimated Number of Respondents:
                                            emergency procedures authorized by 44                    together with affiliates has $2 million or            9,279,434.
                                            U.S.C. 3507(j) and 5 CFR 1320.13; this                   more in PPP loans.                                      Estimated Annual Responses:
                                            approval is set to expire on September                      • Add Individual Taxpayer                          9,279,434.
                                            30, 2021. As required by the Paperwork                   Identification Number (ITIN) to the
                                            Reduction Act, SBA is publishing this                                                                            Estimated Annual Hour Burden:
                                                                                                     header of the ‘‘Business TIN’’ field.
                                            notice as a prerequisite to seeking                                                                            1,237,258.
                                                                                                        • Relocate the optional demographic
                                            OMB’s approval to use this information                   information collection box to earlier in              (II) SBA FORM 2483–C—PAYCHECK
                                            collection beyond September 30, 2021.                    the form.                                             PROTECTION PROGRAM BORROWER
                                               SBA has received multiple comments                                                                          APPLICATION FOR SCHEDULE C
                                                                                                        (B) SBA Form 3508S, ‘‘Paycheck
                                            on this information collection. A                                                                              FILERS USING GROSS INCOME
                                            substantial number of the commenters                     Protection Program, PPP Loan
                                            focused almost exclusively on SBA                        Forgiveness Application Form 3508S’’                    Estimated Number of Respondents:
                                            Form 3509, ‘‘Loan Necessity                              and Instructions only:                                239,160.
                                            Questionnaire (For-Profit Borrowers)’’                      • Identify data fields that will be pre-
                                                                                                                                                             Estimated Annual Responses:
                                            and SBA Form 3510, ‘‘Loan Necessity                      populated when a PPP borrower
                                                                                                                                                           239,160.
                                            Questionnaire (Non-Profit Borrowers)’’                   submits an electronic version of the
                                                                                                     SBA Form 3508S via SBA’s Paycheck                       Estimated Annual Hour Burden:
                                            and urged SBA to remove them from the                                                                          31,888.
                                            collection and not impose additional                     Protection Platform (SBA’s Platform).
                                            reporting requirements on Borrowers.                        • Add instructions regarding                       (III) SBA FORM 2484—PAYCHECK
                                            After extensive evaluation, SBA is                       submission of an electronic version of                PROTECTION PROGRAM LENDER’S
                                            discontinuing the use of these two                       the SBA Form 3508S via SBA’s                          APPLICATION FOR 7(A) GUARANTY
                                            forms.                                                   Platform.




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                                               Because SBA’s authority to guarantee                     • Add information about use of a                     Estimated Number of Respondents:
                                            PPP loans expired on June 30, 2021,                      COVID Revenue Reduction Score.                        5,467.
                                            SBA will no longer be approving new                         (C) SBA Form 3508D, ‘‘Paycheck                       Estimated Annual Responses:
                                            lenders to participate in PPP. For that                  Protection Program, Borrower’s                        9,218,594.
                                            reason, SBA is removing SBA Form                         Disclosure of Certain Controlling                       Estimated Annual Hour Burden:
                                            3506, ‘‘CARES Act Section 1102 Lender                    Interests’’:                                          3,841,081.


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                                            40896                          Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Notices

                                            (IV) SBA FORM 3508—PAYCHECK                              collection burden on those who are                    review during any subsequent
                                            PROTECTION PROGRAM—LOAN                                  required to respond.                                  abandonment, this discontinuance does
                                            FORGIVENESS APPLICATION                                                                                        not require an environmental review.
                                                                                                     Curtis Rich,
                                              Estimated Number of Respondents:                       Management Analyst.
                                                                                                                                                           See 49 CFR 1105.6(c)(5), 1105.8(b).
                                            591,180.                                                 [FR Doc. 2021–16014 Filed 7–28–21; 8:45 am]              Any offer of financial assistance
                                              Estimated Annual Responses:                            BILLING CODE 8026–03–P                                (OFA) for subsidy under 49 CFR
                                            591,180.                                                                                                       1152.27(b)(2) will be due no later than
                                              Estimated Annual Hour Burden:                                                                                120 days after the filing of the petition
                                            1,773,539.                                                                                                     for exemption, or 10 days after service
                                                                                                     SURFACE TRANSPORTATION BOARD
                                            (V) SBA FORM 3508S, PAYCHECK                                                                                   of a decision granting the petition for
                                                                                                     [Docket No. AB 1093 (Sub-No. 2X)]
                                            PROTECTION PROGRAM—PPP LOAN                                                                                    exemption, whichever occurs sooner.1
                                            FORGIVENESS APPLICATION FORM                             C&NC Railroad, LLC—Discontinuance                     Persons interested in submitting an OFA
                                            3508S                                                    Exemption—in Wayne and Henry                          must first file a formal expression of
                                              Estimated Number of Respondents:                       Counties, Ind.                                        intent to file an offer by August 6, 2021,
                                            9,458,875.                                                                                                     indicating the intent to file an OFA for
                                                                                                        On July 9, 2021, C&NC Railroad, LLC                subsidy and demonstrating that they are
                                              Estimated Annual Responses:
                                                                                                     (C&NC), filed a petition under 49 U.S.C.              preliminarily financially responsible.
                                            9,458,875.
                                                                                                     10502 for exemption from the prior                    See 49 CFR 1152.27(c)(1)(i).
                                              Estimated Annual Hour Burden:
                                                                                                     approval requirements of 49 U.S.C.
                                            2,364,719.                                                                                                        All filings in response to this notice
                                                                                                     10903 to discontinue service over
                                            (VI) SBA FORM 3508EZ—PAYCHECK                            approximately 21 miles of rail line                   must refer to Docket No. AB 1093 (Sub-
                                            PROTECTION PROGRAM—PPP LOAN                              extending from milepost CB 5.4 at                     No. 2X) and should be filed with the
                                            FORGIVENESS APPLICATION                                  Beesons, Ind., to milepost 25.30 at New               Surface Transportation Board via e-
                                              Estimated Number of Respondents:                       Castle, Ind., and from milepost R 0.1 to              filing on the Board’s website. In
                                            1,773,539.                                               milepost R 1.16 at New Castle (the                    addition, a copy of each pleading must
                                              Estimated Annual Responses:                            Line). The Line traverses U.S. Postal                 be served on C&NC’s representative,
                                            1,773,539.                                               Service Zip Codes 47327, 47357, 47362,                William H. Stewart III, Vuono & Gray,
                                              Estimated Annual Hour Burden:                          47366, 47331, and 47387.                              LLC, 310 Grant St., Suite 2310,
                                            591,180.                                                    C&NC states that it provides service               Pittsburgh, PA 15219. Replies to the
                                                                                                     on the Line pursuant to a lease with                  petition are due on or before August 18,
                                            (VII) [FORM NUMBER N/A] LENDER                           Norfolk Southern Railway Company                      2021.
                                            REPORTING REQUIREMENTS                                   (NSR), which owns the Line. (Pet. 1.)
                                            CONCERNING REQUESTS FOR LOAN                             See also C&NC R.R.—Lease Exemption                       Persons seeking further information
                                            FORGIVENESS                                              Containing Interchange Commitment—                    concerning discontinuance procedures
                                                                                                     Norfolk S. Ry., FD 35858 (STB served                  may contact the Board’s Office of Public
                                              Estimated Number of Respondents:
                                                                                                     Nov. 5, 2014). According to C&NC, NSR                 Assistance, Governmental Affairs, and
                                            5,467.
                                              Estimated Annual Responses:                            has notified C&NC that the lease is being             Compliance at (202) 245–0238 or refer
                                            11,823,594.                                              terminated and that NSR will resume                   to the full abandonment and
                                              Estimated Annual Hour Burden:                          rail operations over the Line as a                    discontinuance regulations at 49 CFR
                                            2,107,121.                                               common carrier upon the                               part 1152. Questions concerning
                                                                                                     discontinuance of service by C&NC.                    environmental issues may be directed to
                                            (VIII) [FORM NUMBER N/A] LENDER                          (Pet. 1.) C&NC states that there currently            the Board’s Office of Environmental
                                            REPORTING REQUIREMENTS FOR                               is one shipper on the Line, and that no               Analysis at (202) 245–0305. Assistance
                                            SBA LOAN REVIEWS                                         interruption in rail service will result              for the hearing impaired is available
                                              Estimated Number of Respondents:                       from the proposed discontinuance. (Id.                through the Federal Relay Service at
                                            5,467.                                                   at 4.)                                                (800) 877–8339.
                                              Estimated Annual Responses:                               C&NC states that it has no information
                                                                                                                                                              Board decisions and notices are available
                                            2,000,000.                                               indicating that the Line contains
                                                                                                                                                           at www.stb.gov.
                                              Estimated Annual Hour Burden:                          federally granted rights-of-way and, if it
                                            1,000,000.                                               discovers any information regarding                      Decided: July 26, 2021.
                                                                                                     federally granted rights-of-way, it will                 By the Board, Scott M. Zimmerman, Acting
                                            Solicitation of Public Comments                                                                                Director, Office of Proceedings.
                                                                                                     be made available to those requesting it.
                                              SBA invites the public to submit                       (Id. at 2.) C&NC states that                          Jeffrey Herzig,
                                            comments, including specific and                         discontinuance authority it seeks covers              Clearance Clerk.
                                            detailed suggestions on ways to improve                  the ‘‘entire system’’ operated by C&NC,               [FR Doc. 2021–16271 Filed 7–28–21; 8:45 am]
                                            the collection and reduce the burden on                  and it therefore requests that the Board
                                                                                                                                                           BILLING CODE 4915–01–P
                                            respondents. Commenters should also                      decline to impose employee protective
                                            address (i) whether the information                      conditions. (Id. at 6.)
                                            collection is necessary for the proper                      By issuance of this notice, the Board
                                            performance of SBA’s functions,                          is instituting an exemption proceeding
                                            including whether it has any practical                   pursuant to 49 U.S.C. 10502(b). A final
                                            utility; (ii) the accuracy of the estimated              decision will be issued by October 27,




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                                            burdens; (iii) ways to enhance the                       2021.
                                            quality, utility, and clarity of the                        Because this is a discontinuance
                                            information to be collected; and (iv) the                proceeding and not an abandonment,
                                            use of automated collection techniques                   interim trail use/rail banking and public
                                            or other forms of information                            use conditions are not appropriate.                     1 The filing fee for OFAs can be found at 49 CFR

                                            technology to minimize the information                   Because there will be environmental                   1002.2(f)(25).



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