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Temporary 504 Express Loan Authority for Certified Development Companies Participating in the Accredited Lenders Program (rule, 87 FR 37979, June 27, 2022)

Summary

An interim final rule with request for comments of the U.S. Small Business Administration, "Temporary 504 Express Loan Authority for Certified Development Companies Participating in the Accredited Lenders Program" (RIN 3245–AH74; 13 CFR Part 120). It was printed in the Federal Register of Monday, June 27, 2022 (Vol. 87, No. 122). It implements the additional authority that the Economic Aid Act temporarily provides to Certified Development Companies (CDCs) in the Accredited Lenders Program with respect to 504 loans. The rule states that under the 504 Loan Program, CDCs make loans to small business applicants for the purchase or improvement of land, buildings and major equipment. The contact named is Linda Reilly, Chief, 504 Program Branch. The same pages print a Federal Housing Finance Agency correction to 12 CFR Part 1240.

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Cite this document

“Temporary 504 Express Loan Authority for Certified Development Companies Participating in the Accredited Lenders Program (rule, 87 FR 37979, June 27, 2022).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/temporary-504-express-loan-authority-for-certified-development-compani-1ad6af9c70/, SHA-256 a029a711d7f9d93b25c6a21bd1fc22186a1ce4c07f4624c3252cc78494854d2f.

Full text

                                                                                                                                                                                                     37979

                                             Rules and Regulations                                                                                          Federal Register
                                                                                                                                                            Vol. 87, No. 122

                                                                                                                                                            Monday, June 27, 2022



                                             This section of the FEDERAL REGISTER                    ■ 2. On page 33433, in § 1240.63, in                   information via email to ALPExpress@
                                             contains regulatory documents having general            footnote 5 following table 7 to paragraph              sba.gov. Highlight the information that
                                             applicability and legal effect, most of which           (c), remove the word ‘‘bank’’ and add                  you consider to be CBI and explain why
                                             are keyed to and codified in the Code of                the word ‘‘Enterprise’’ in its place.                  you believe SBA should hold this
                                             Federal Regulations, which is published under                                                                  information as confidential. SBA will
                                             50 titles pursuant to 44 U.S.C. 1510.                   Sandra L. Thompson,
                                                                                                                                                            review the information and make the
                                                                                                     Acting Director, Federal Housing Finance               final determination whether it will
                                             The Code of Federal Regulations is sold by              Agency.
                                             the Superintendent of Documents.                                                                               publish the information.
                                                                                                     [FR Doc. 2022–13544 Filed 6–24–22; 8:45 am]
                                                                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                                                                     BILLING CODE 8070–01–P
                                                                                                                                                            Linda Reilly, Chief, 504 Program
                                             FEDERAL HOUSING FINANCE                                                                                        Branch, Office of Financial Assistance,
                                             AGENCY                                                                                                         Small Business Administration, 409 3rd
                                                                                                     SMALL BUSINESS ADMINISTRATION                          Street SW, Washington, DC 20416;
                                             12 CFR Part 1240                                                                                               telephone: (202) 604–5032; email:
                                                                                                     13 CFR Part 120                                        linda.reilly@sba.gov.
                                             RIN 2590–AB18                                                                                                  SUPPLEMENTARY INFORMATION:
                                                                                                     RIN 3245–AH74
                                             Enterprise Regulatory Capital                                                                                  I. Background Information
                                                                                                     Temporary 504 Express Loan Authority
                                             Framework—Public Disclosures for the                    for Certified Development Companies                       The 504 Loan Program is an SBA
                                             Standardized Approach; Correction                       Participating in the Accredited Lenders                financing program authorized under
                                             AGENCY: Federal Housing Finance                         Program                                                title V of the Small Business Investment
                                             Agency.                                                                                                        Act of 1958, as amended, 15 U.S.C. 695
                                                                                                     AGENCY: U.S. Small Business                            et seq. The core mission of the 504 Loan
                                             ACTION: Final rule; correction.                         Administration.                                        Program is to provide long-term
                                             SUMMARY: This document corrects
                                                                                                     ACTION: Interim final rule with request                financing to small businesses for the
                                             typographical errors that appeared in                   for comments.                                          purchase or improvement of land,
                                             the final rule published in the Federal                                                                        buildings, and major equipment, in an
                                                                                                     SUMMARY: This interim final rule                       effort to facilitate the creation or
                                             Register on June 2, 2022, titled                        implements the additional authority                    retention of jobs and local economic
                                             ‘‘Enterprise Regulatory Capital                         that the Economic Aid to Hard-Hit                      development. Under the 504 Loan
                                             Framework—Public Disclosures for the                    Small Businesses, Nonprofits, and                      Program, loans are made to small
                                             Standardized Approach’’.                                Venues Act temporarily provides to                     business applicants by Certified
                                             DATES: Effective August 1, 2022.                        Certified Development Companies                        Development Companies (‘‘CDCs’’),
                                             FOR FURTHER INFORMATION CONTACT:                        participating in the Accredited Lenders                which are certified and regulated by
                                             Andrew Varrieur, Senior Associate                       Program with respect to 504 loans that                 SBA to promote economic development
                                             Director, Office of Capital Policy, (202)               are not more than $500,000 and that are                within their community. In general, a
                                             649–3141, Andrew.Varrieur@fhfa.gov;                     not made to a borrower in an industry                  project in the 504 Loan Program (a ‘‘504
                                             Christopher Vincent, Senior Financial                   with a high rate of default, as defined by             Project’’) includes: a loan obtained from
                                             Analyst, Office of Capital Policy, (202)                SBA.                                                   a private sector lender with a senior lien
                                             649–3685, Christopher.Vincent@                          DATES:                                                 covering at least 50 percent of the
                                             fhfa.gov; or James Jordan, Associate                       Effective Date: This rule is effective              project cost; a loan obtained from a CDC
                                             General Counsel, Office of General                      June 27, 2022.                                         (a ‘‘504 Loan’’) with a junior lien
                                             Counsel, (202) 649–3075,                                   Applicability Date: This rule applies               covering up to 40 percent of the total
                                             James.Jordan@fhfa.gov (these are not                    to loan applications submitted to the                  cost (backed by a 100 percent SBA-
                                             toll-free numbers); Federal Housing                     Certified Development Company on or                    guaranteed debenture); and a
                                             Finance Agency, 400 7th Street SW,                      after June 27, 2022 and approved by the                contribution from the Borrower of at
                                             Washington, DC 20219. For TTY/TRS                       Certified Development Company and                      least 10 percent equity.
                                             users with hearing and speech                           the U.S. Small Business Administration                    There are three types of CDCs that
                                             disabilities, dial 711 and ask to be                    through September 30, 2023.                            participate in the 504 Loan Program.
                                             connected to any of the contact numbers                    Comment Date: Comments must be                      This rulemaking addresses the
                                             above.                                                  received on or before August 26, 2022.                 temporary authority that will be
                                                                                                                                                            granted, in accordance with section
                                             SUPPLEMENTARY INFORMATION: In FR Doc.                   ADDRESSES: You may submit comments,
                                                                                                                                                            328(b) of the Economic Aid to Hard-Hit
                                             2022–11582 of June 2, 2022 (87 FR                       identified by RIN 3245–AH74, through
                                                                                                                                                            Small Businesses, Nonprofits, and
                                             33423), the following corrections are                   the Federal eRulemaking Portal: http://
                                                                                                                                                            Venues Act (Pub. L. 116–260)
                                             made:                                                   www.regulations.gov. Follow the
                                                                                                                                                            (‘‘Economic Aid Act’’), to CDCs that are
                                                                                                     instructions for submitting comments.




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                                             § 1240.63    [Corrected]                                                                                       approved by SBA to participate in the
                                                                                                        SBA will post all comments on http://
                                                                                                                                                            Accredited Lenders Program (hereafter
                                             ■ 1. On page 33432, in § 1240.63, in the                www.regulations.gov. If you wish to
                                                                                                                                                            ‘‘ALP CDCs’’).1 Currently, ALP CDCs
                                             table titled ‘‘Table 7 to Paragraph (c)—                submit confidential business
                                             CRT and Securitization’’, in paragraph                  information (‘‘CBI’’) as defined in the                  1 The other 2 types of CDCs are the Premier
                                             (e), remove the word ‘‘bank’’ and add                   User Notice at http://                                 Certified Lenders Program CDCs (PCLP CDCs),
                                             the word ‘‘Enterprise’’ in its place.                   www.regulations.gov, please submit the                                                          Continued




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                                             37980               Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Rules and Regulations

                                             must obtain SBA’s approval to make a                    their approval of any servicing action on              final rule, because there is an urgent
                                             504 loan, including with respect to both                ALP Express Loans. SBA will consider                   need for SBA to implement this
                                             the loan’s eligibility and                              prompt notification to be within 5                     temporary program without further
                                             creditworthiness.2 With respect to                      business days of approval.                             delay. Since the Economic Aid Act was
                                             closing, ALP CDCs have delegated                           With respect to the closing process,                enacted in December 2020 (and for
                                             authority to make the ‘‘No Adverse                      ALP CDCs, like PCLP CDCs, will be                      many months before), SBA has been
                                             Change’’ certification prior to loan                    responsible for properly undertaking all               required to implement many initiatives
                                             closing without SBA’s review and                        actions necessary to close the ALP                     related to the pandemic. These
                                             approval and are authorized to close 504                Express Loan and Debenture in                          initiatives have competed for SBA’s
                                             loans under the expedited loan closing                  accordance with the expedited loan                     limited time and resources, and the
                                             procedures applicable to a Priority CDC.                closing procedures applicable to a                     implementation of some programs has
                                             With respect to servicing, ALP CDCs are                 Priority CDC and with § 120.960.                       been unavoidably delayed by those
                                             currently required to obtain SBA’s                         In their own discretion, ALP CDCs                   limitations. Any further delay in
                                             approval for most servicing actions.                    may decide to not exercise their                       implementing the ALP Express Loan
                                                Section 328(b) of the Economic Aid                   delegated authority with respect to an                 authority would be contrary to the
                                             Act temporarily provides increased                      ALP Express Loan and may instead                       public interest, as small businesses
                                             authority to ALP CDCs with respect to                   submit the loan to SBA under non-
                                                                                                                                                            would have to wait even longer to
                                             ‘‘covered loans.’’ The Economic Aid Act                 delegated procedures. ALP CDCs may
                                                                                                                                                            benefit from the expedited processing
                                             defines a ‘‘covered loan’’ as a loan that               not use their ALP Express Loan
                                                                                                                                                            provided by this temporary program. By
                                             is not more than $500,000 and that is                   authority to service a loan that was
                                                                                                                                                            providing an expedited process for
                                             not made to a borrower in an industry                   approved under non-delegated authority
                                                                                                                                                            certain loans made by ALP CDCs, this
                                             with a high rate of default as defined by               that could have been made as an ALP
                                                                                                     Express Loan. In addition, PCLP CDCs                   program will assist in meeting the
                                             SBA (hereafter referred to as ‘‘ALP                                                                            ongoing financing needs of small
                                             Express Loans’’). Section 328(b) of the                 may decide to process an ALP Express
                                                                                                     Loan under their status as an ALP CDC                  businesses that continue to be impacted
                                             Economic Aid Act further requires that                                                                         by the COVID–19 pandemic.
                                             SBA annually identify the industries                    instead of as a PCLP CDC, thereby not
                                             with a high rate of default. Accordingly,               requiring the CDC to comply with Loan                     Although this rule is being published
                                             on an annual basis, SBA will list the                   Loss Reserve Fund requirements for that                as an interim final rule, comments are
                                             industries that it has determined have a                loan.                                                  hereby solicited from interested
                                             high rate of default in a notice                           Finally, the authority provided by the              members of the public. These comments
                                             published in the Federal Register. ALP                  Economic Aid Act is available for loan                 must be received on or before August
                                             CDCs may not use ALP Express Loan                       applications submitted to the ALP CDC                  26, 2022. SBA will consider any
                                             authority with respect to any loan made                 on or after the effective date of this                 comments it receives and the need for
                                             to a business in an industry listed in the              rulemaking and approved by the                         making any amendments as a result of
                                             Federal Register notice as having a high                Certified Development Company and                      the comments.
                                             rate of default.                                        SBA through September 30, 2023.
                                                                                                        Therefore, SBA is issuing this interim                 In addition, the APA requires that
                                                In accordance with section 328(b) of                                                                        ‘‘publication or service of a substantive
                                             the Economic Aid Act, SBA is                            final rule to conform its rules with the
                                                                                                     requirements of the Economic Aid Act                   rule shall be made not less than 30 days
                                             delegating to ALP CDCs the authority to                                                                        before its effective date, except * * * as
                                             make the final decision with respect to                 by adding a new section to part 120 of
                                                                                                     its regulations, § 120.842. The contents               otherwise provided by the agency for
                                             the applicant’s creditworthiness on ALP                                                                        good cause found and published with
                                             Express Loans. The ALP CDC’s                            of this section are discussed in detail in
                                                                                                     Section III, below.                                    the rule.’’ 5 U.S.C. 553(d)(3). SBA finds
                                             determination regarding                                                                                        that good cause exists to make this final
                                             creditworthiness will not be subject to                 II. Justification for Publication as                   rule effective the same day it is
                                             SBA review. SBA will continue to be                     Interim Final Rule With Immediate                      published in the Federal Register. The
                                             responsible for reviewing each loan to                  Effective Date                                         purpose of this APA provision is to
                                             ensure that it meets all Loan Program                      In general, SBA publishes a rule for                provide interested and affected
                                             Requirements for program eligibility,                   public comment before issuing a final                  members of the public sufficient time to
                                             including but not limited to those                      rule, in accordance with the                           adjust their behavior before the rule
                                             requirements involving franchise or                     Administrative Procedure Act (APA)                     takes effect. Because of the nature of the
                                             similar agreements, historic properties,                and SBA regulations. 5 U.S.C. 553 and                  changes made by this rule, ALP CDCs
                                             property with environmental issues,                     13 CFR 101.108. In addition to section                 and potential loan applicants will not
                                             businesses involving religious activities,              303 of the Economic Aid Act that                       need 30 days after publication of the
                                             or businesses with activities of a                      authorizes SBA to issue regulations to                 rule to adjust to the more relaxed
                                             prurient sexual nature. SBA also is                     implement the amendments described                     procedures. The rule does not change
                                             delegating to ALP CDCs the authority to                 above without regard to notice                         the substantive requirements for
                                             approve certain servicing actions after                 requirements, the APA also provides an                 obtaining certain 504 loans; delegating
                                             closing on ALP Express Loans. ALP                       exception to this standard rulemaking                  increased authority to ALP CDCs with
                                             CDCs must promptly notify the                           process where an agency finds good                     respect to the approval and servicing of
                                             appropriate SBA servicing center of                     cause to adopt a rule without prior                    those loans only impacts the procedural
                                                                                                     public participation. 5 U.S.C.                         steps that ALP CDCs are currently
                                             which have increased authority to process, service
                                                                                                     553(b)(3)(B). In enacting the good cause               required to follow to process a loan. For




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                                             and liquidate 504 loans, and the CDCs that are
                                             neither PCLP nor ALP CDCs, which must obtain            exception to standard rulemaking                       this and other reasons discussed above,
                                             SBA approval for nearly all loan actions.               procedures, Congress recognized that                   SBA finds there is good cause to make
                                               2 ALP CDCs with a record of submitting high
                                                                                                     emergency situations arise where an                    this interim final rule effective
                                             quality loan applications may be selected by the
                                             Sacramento Loan Processing Center (‘‘SLPC’’) to
                                                                                                     agency must issue a rule without public                immediately instead of imposing a 30-
                                             participate in the Abridged Submission Method,          participation. SBA finds that good cause               day period between publication and
                                             which is a streamlined application process.             exists to publish this rule as an interim              effective date.


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                                                                 Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Rules and Regulations                                          37981

                                             III. Discussion of New § 120.842                        all actions necessary to close the ALP                 authority and providing ALP CDCs with
                                                SBA is adding a new section, 120.842,                Express Loan and Debenture in                          greater authority to approve and service
                                             to implement the authority of ALP CDCs                  accordance with the expedited loan                     loans will reduce processing time and
                                             to make ALP Express Loans.                              closing procedures applicable to a                     therefore benefit small businesses, their
                                                                                                     Priority CDC and with § 120.960.                       employees, and the communities they
                                             Paragraph (a)                                              With respect to servicing, the ALP                  serve.
                                               Paragraph (a) sets forth the definition               CDC is responsible for servicing its ALP
                                                                                                                                                            Congressional Review Act
                                             of ‘‘ALP Express Loan.’’                                Express Loans in accordance with
                                                                                                     § 120.970. SBA may in certain                            OMB has determined that this rule is
                                             Paragraph (b)                                           circumstances, in its discretion, elect to             not a major rule under 5 U.S.C. 804(2).
                                                Paragraph (b) sets forth the                         handle such duties with respect to a
                                             requirements related to the                                                                                    Executive Order 12988
                                                                                                     particular ALP Express Loan or Loans.
                                             underwriting, approving, closing, and                   Additional servicing requirements are                     This action meets applicable
                                             servicing of ALP Express Loans. In                      set forth in subpart E of this part. SBA               standards set forth in sections 3(a) and
                                             conducting such activities, ALP CDCs                    will identify through its Loan Program                 3(b)(2) of Executive Order 12988, Civil
                                             must comply with Loan Program                           Requirements which servicing actions                   Justice Reform, to minimize litigation,
                                             Requirements, act in accordance with                    that SBA will delegate to the CDC with                 eliminate ambiguity, and reduce
                                             prudent and commercially reasonable                     respect to ALP Express Loans. The CDC                  burden. The action does not have
                                             lending standards, and document in its                  must promptly notify the appropriate                   preemptive effect or retroactive effect.
                                             files the basis for each of its decisions.              SBA commercial loan servicing center
                                                With respect to underwriting, this                   of any servicing action that it has                    Executive Order 13132
                                             provision provides that ALP CDCs are                    approved under its delegated authority.                  This rule does not have federalism
                                             authorized to make the final decision                   SBA will consider prompt notification                  implications as defined in Executive
                                             with respect to the applicant’s                         to be within 5 business days of                        Order 13132, Federalism. It will not
                                             creditworthiness and establishing the                   approval.                                              have substantial direct effects on the
                                             terms and conditions of the ALP
                                                                                                     Paragraph (c)                                          States, on the relationship between the
                                             Express Loan. The ALP CDC’s
                                                                                                                                                            national government and the States, or
                                             determination regarding                                   Paragraph (c) provides that a CDC is                 on the distribution of power and
                                             creditworthiness will not be subject to                 prohibited from processing a loan as an                responsibilities among the various
                                             SBA review. However, ALP CDCs are                       ALP Express Loan if the loan was                       levels of government, as specified in the
                                             reminded that, in accordance with                       previously submitted to SBA and was                    Executive Order. As such it does not
                                             § 120.938, SBA will look to the CDC for                 withdrawn by the CDC or was declined                   warrant the preparation of a Federalism
                                             the entire amount of the Debenture in                   or otherwise not approved by SBA.
                                             the case of fraud, negligence, or                                                                              Assessment.
                                             misrepresentation by the CDC if the                     Paragraph (d)                                          Paperwork Reduction Act
                                             CDC defaults on the Debenture that                        Paragraph (d) explains that the
                                             funded an ALP Express Loan.                                                                                      In order to implement the Act, SBA
                                                                                                     authority to make ALP Express Loans is                 has determined that it is necessary to
                                                SBA will continue to be responsible                  available for applications submitted to
                                             for reviewing each loan to ensure that it                                                                      temporarily modify SBA Form 1244,
                                                                                                     the ALP CDC on or after the effective                  which is currently approved under
                                             meets all Loan Program Requirements                     date of this rulemaking and approved by
                                             for program eligibility, including but not                                                                     OMB Control Number 3245–0071,
                                                                                                     the Certified Development Company                      Application for Section 504 Loans, to
                                             limited to those requirements involving                 and SBA through September 30, 2023.
                                             franchise and similar agreements,                                                                              conform the application with the
                                             historic properties, property with                      Compliance With Executive Orders                       revised requirements for ALP Express
                                             environmental issues, businesses                        12866, 12988, 13132, and 13563, the                    Loan authority. The changes will not
                                             involving religious activities, or                      Congressional Review Act, (5 U.S.C.                    add any new burdens for the
                                             businesses with activities of a prurient                801–808), Paperwork Reduction Act (44                  respondents. SBA recently updated SBA
                                             sexual nature. After approving the                      U.S.C., Ch. 35), and the Regulatory                    Form 1244 to account for permanent
                                             creditworthiness of the loan, ALP CDCs                  Flexibility Act (5 U.S.C. 601–612)                     changes to the Debt Refinancing 504
                                             will be required to submit to SBA with                                                                         program, along with technical
                                                                                                     Executive Orders 12866 and 13563                       corrections for the last update to SBA
                                             the loan application all required
                                             documentation, including                                   The Office of Management and Budget                 Form 1244. SBA is making the following
                                             documentation necessary for SBA to                      (‘‘OMB’’) has determined that this rule                technical corrections and clarifying
                                             make the final eligibility decision. If                 constitutes a ‘‘significant regulatory                 changes to SBA Form 1244: (1) revising
                                             SBA determines that the applicant and                   action’’ for purposes of Executive                     the instructions on page 1 (Purpose of
                                             the ALP Express Loan are eligible and                   Orders 12866, Regulatory Planning and                  the Form) to clarify that CDCs with ALP
                                             that SBA funds are available, SBA will                  Review, and 13563, Improving                           Express Loan authority must use the
                                             notify the ALP CDC of the loan number                   Regulation and Regulatory Review. SBA,                 form; (2) adding a new ALP Express
                                             assigned to the loan and provide the                    however, is proceeding under the                       checkbox to page 12 in the Submission
                                             CDC with a signed copy of the Loan                      emergency provision at Executive Order                 Method field; and (3) updating the
                                             Authorization. ALP CDCs must submit                     12866, section 6(a)(3)(D), based on the                instructions on pages 15 and 16
                                             to the Sacramento Loan Processing                       need to move expeditiously to mitigate                 (Required Exhibits) to identify which
                                             Center (SLPC) for review and approval                   the current conditions arising from the                exhibits must be completed and




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                                             any servicing action that the ALP CDC                   COVID–19 pandemic. This rule is                        uploaded in SBA’s E-Tran system for
                                             proposes prior to closing that may affect               necessary to implement the Economic                    ALP Express Loans and which exhibits
                                             the eligibility of the borrower or the                  Aid Act and provide economic relief to                 non-ASM CDCs must complete and
                                             ALP Express Loan.                                       small businesses adversely impacted by                 upload into E-Tran. SBA has obtained
                                                With respect to closing, the ALP CDC                 COVID–19. SBA anticipates that                         emergency approval from OMB for the
                                             is responsible for properly undertaking                 implementing the ALP Express Loan                      revised information collection to


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                                             37982               Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Rules and Regulations

                                             implement these revisions as                            the ALP CDC must comply with Loan                      to the CDC under Loan Program
                                             expeditiously as possible.                              Program Requirements and conduct                       Requirements.
                                                                                                     such activities in accordance with                       (c) Prohibition against making a 504
                                             Regulatory Flexibility Act                                                                                     loan previously submitted to the SBA.
                                                                                                     prudent and commercially reasonable
                                               The Regulatory Flexibility Act (RFA)                  lending standards.                                     An ALP CDC may not process a 504
                                             generally requires administrative                          (2) Documentation of decision                       loan application under paragraph (b)(3)
                                             agencies to consider the effect of their                making. For each ALP Express Loan, the                 of this section from an applicant whose
                                             actions on small entities, including                    ALP CDC must document in its files the                 application was previously submitted to
                                             small non-profit businesses, and small                  basis for its decisions with respect to                SBA and was withdrawn by the CDC or
                                             local governments. Pursuant to the RFA,                 underwriting, approving, closing, and                  was declined or otherwise not approved
                                             when an agency issues a rule, the                       servicing the loan.                                    by SBA.
                                             agency must prepare an analysis that                       (3) Processing requirements—(i)                       (d) Applicability. The authority to
                                             describes whether the impact of the rule                Eligibility. An ALP Express Loan is                    make ALP Express Loans is available for
                                             will have a significant economic impact                 subject to SBA’s final approval as to                  applications submitted to the ALP CDC
                                             on a substantial number of these small                  eligibility and, for each loan, an ALP                 on or after June 27, 2022 and approved
                                             entities. However, the RFA requires                     CDC must submit the documents                          through September 30, 2023.
                                             such analysis only where notice and                     required by SBA to complete the                        Isabella Casillas Guzman,
                                             comment rulemaking is required. As                      eligibility review. ALP CDCs must                      Administrator.
                                             discussed above, SBA is publishing this                 submit to SBA for review and approval                  [FR Doc. 2022–13359 Filed 6–24–22; 8:45 am]
                                             rule as an interim final rule without                   any servicing action that the ALP CDC
                                             advance notice and public comment                                                                              BILLING CODE 8026–03–P
                                                                                                     proposes prior to closing that may affect
                                             because section 303 of the Economic                     the eligibility of the borrower or the
                                             Aid Act authorizes SBA to issue                         ALP Express Loan.
                                             regulations to implement the                                                                                   DEPARTMENT OF TRANSPORTATION
                                                                                                        (ii) Credit decisions. The ALP CDC is
                                             amendments in the Act without regard                    responsible for properly determining the
                                             to notice requirements. This rule is,                                                                          Federal Aviation Administration
                                                                                                     applicant’s creditworthiness and
                                             therefore, exempt from the RFA                          establishing the terms and conditions                  14 CFR Part 39
                                             requirements.                                           under which the ALP Express Loan will
                                                                                                     be made in accordance with SBA’s Loan                  [Docket No. FAA–2022–0800; Project
                                             List of Subjects in 13 CFR Part 120                                                                            Identifier MCAI–2022–00705–T; Amendment
                                                                                                     Program Requirements and prudent
                                               Loan programs-business, Reporting                                                                            39–22105; AD 2022–13–19]
                                                                                                     lending standards. The ALP CDC’s
                                             and recordkeeping requirements, Small                   determination regarding                                RIN 2120–AA64
                                             businesses.                                             creditworthiness will not be subject to
                                               For the reasons stated in the                         SBA review.                                            Airworthiness Directives; Airbus SAS
                                             preamble, SBA amends 13 CFR part 120                       (4) Submission of loan documents. An                Airplanes
                                             as follows:                                             ALP CDC must notify SBA of its credit                  AGENCY: Federal Aviation
                                                                                                     decision on an ALP Express Loan by                     Administration (FAA), DOT.
                                             PART 120—BUSINESS LOANS
                                                                                                     submitting to SBA all required                         ACTION: Final rule; request for
                                             ■ 1. The authority citation for part 120                documentation. SBA will review these                   comments.
                                             is revised to read as follows:                          documents to determine whether the
                                                                                                     applicant and the ALP Express Loan are                 SUMMARY: The FAA is superseding
                                               Authority: 15 U.S.C. 634(b)(6), (b)(7),                                                                      Airworthiness Directive (AD) 2022–11–
                                                                                                     eligible and whether SBA funds are
                                             (b)(14), (h), and note, 636(a), (h) and (m), and
                                             note, 636m, 650, 657t, and note, 657u, and              available for the ALP Express Loan. If                 03, which applied to certain Airbus SAS
                                             note, 687(f), 696(3), and (7), and note, 697,           approved, SBA will notify the ALP CDC                  Model A350–941 and –1041 airplanes.
                                             697a and e, and note; Pub. L. 116–260, 134              of the loan number assigned to the loan                AD 2022–11–03 required revising the
                                             Stat. 1182.                                             and provide the CDC with a signed copy                 existing airplane flight manual (AFM),
                                                                                                     of the Loan Authorization.                             and revising the operator’s existing
                                             ■ 2. Add § 120.842 under the
                                                                                                        (5) Loan and Debenture closing. After               FAA-approved minimum equipment list
                                             undesignated center heading
                                                                                                     receiving notification of the loan                     (MEL) by incorporating certain master
                                             ‘‘Accredited Lenders Program (ALP)’’ to
                                                                                                     number and a signed copy of the Loan                   minimum equipment list (MMEL)
                                             read as follows:
                                                                                                     Authorization from SBA, the ALP CDC                    provisions, to include limitations and
                                             § 120.842   ALP Express Loans.                          is responsible for properly undertaking                procedures to mitigate the risk of
                                               (a) Definition. For the purposes of this              all actions necessary to close the ALP                 elevator failure during flare. Since the
                                             section, an ALP Express Loan:                           Express Loan and Debenture in                          FAA issued AD 2022–11–03, an
                                               (1) Means a 504 loan in an amount                     accordance with the expedited loan                     updated software standard for the
                                             that is not more than $500,000; and                     closing procedures applicable to a                     PRIMary flight control computers
                                               (2) Does not include a loan made to                   Priority CDC and with § 120.960.                       (PRIMs) has been developed to address
                                             a borrower that is in an industry that                     (6) Servicing. The ALP CDC is                       the unsafe condition. This AD continues
                                             has a high rate of default, as annually                 responsible for servicing its ALP                      to require the actions in AD 2022–11–
                                             determined by SBA. SBA will publish                     Express Loans in accordance with                       03, and also requires installing an
                                             an annual list of the industries with a                 § 120.970. SBA may in certain                          updated PRIM software standard, as
                                             high rate of default in a notice in the                 circumstances, in its discretion, elect to             specified in a European Union Aviation




jspears on DSK121TN23PROD with RULES1
                                             Federal Register.                                       handle such duties with respect to a                   Safety Agency (EASA) AD, which is
                                               (b) Requirements for the underwriting,                particular ALP Express Loan or Loans.                  incorporated by reference. The FAA is
                                             approving, closing, and servicing of ALP                Additional servicing requirements are                  issuing this AD to address the unsafe
                                             Express Loans—(1) General. When                         set forth in subpart E of this part. The               condition on these products.
                                             underwriting, approving, closing, and                   CDC must promptly notify SBA when it                   DATES: This AD is effective July 12,
                                             servicing 504 loans under this section,                 approves any servicing action delegated                2022.


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