Small Business Size Standards; Temporary Alternative Size Standards for 7(a) Business Loan Program, 20577-20580 [E9-10359]
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Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Rules and Regulations
(G) Compute the temperature
difference between jackets.
(H) The temperature difference
between the jacket with the thermal reel
wrap and the jacket without the reel
wrap must be greater than or equal to
17 °C (63 °F).
(4) Cable must be sealed at the ends
to prevent entrance of moisture.
(5) The end-of-pull (outer end) of the
cable must be securely fastened to
prevent the cable from coming loose
during transit. The start-of-pull (inner
end) of the cable must project through
a slot in the flange of the reel, around
an inner riser, or into a recess on the
flange near the drum and fastened in
such a way to prevent the cable from
becoming loose during installation.
(6) Spikes, staples or other fastening
devices must be used in a manner
which will not result in penetration of
the cable.
(7) The minimum size arbor hole must
be 44.5 mm (1.75 inch) and must admit
a spindle without binding.
(8) Each reel must be plainly marked
to indicate the direction in which it
should be rolled to prevent loosening of
the cable on the reel.
(9) Each reel must be stenciled or
lettered with the name of the
manufacturer.
(10) The following information must
be either stenciled on the reel or on a
tag firmly attached to the reel: Optical
Cable, Type and Number of Fibers,
Armored or Nonarmored, Year of
Manufacture, Name of Cable
Manufacturer, Length of Cable, Reel
Number, REA 7 CFR 1755.903.
Example: Optical Cable, G.657 class
A, 4 fibers, Armored. XYZ Company,
1050 meters, Reel Number 3, REA 7 CFR
1755.903.
(11) When pre-connectorized cable is
shipped, the splicing modules must be
protected to prevent damage during
shipment and handling.
Dated: March 27, 2009.
James R. Newby,
Acting Administrator, Rural Utilities Service.
[FR Doc. E9–9763 Filed 5–4–09; 8:45 am]
BILLING CODE 3410–15–P
SMALL BUSINESS ADMINISTRATION
13 CFR Part 121
RIN 3245–AF96
Small Business Size Standards;
Temporary Alternative Size Standards
for 7(a) Business Loan Program
AGENCY:
Small Business Administration
(SBA).
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ACTION: Interim final rule with request
for comments.
SUMMARY: The U.S. Small Business
Administration (SBA) is temporarily
amending the size eligibility criteria for
loan assistance provided under its 7(a)
Business Loan Program. This rule
temporarily establishes the same
alternative small business size standard
that applies to SBA’s Certified
Development Company (CDC) Program.
The U.S. Congress passed and the
President signed the American Recovery
and Reinvestment Act of 2009 (Recovery
Act). The purposes and goals of the
Recovery Act are to promote economic
recovery and to preserve and create jobs.
SBA prepared this rule as an interim
final rule, effective immediately,
because it will help alleviate the
pressing needs of many small
businesses for financial assistance in the
current economic environment.
DATES: Effective Dates: This rule is
effective on May 5, 2009.
Comment Date: Comments on the
interim final rule must be received on
or before August 3, 2009.
Applicability Dates: This rule applies
to all 7(a) loan applications approved
from May 5, 2009 through September
30, 2010.
ADDRESSES: You may submit comments,
identified by [RIN number 3245–
[INSERT] by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Carl J. Jordan, Acting Division
Chief for Size Standards, U.S. Small
Business Administration, 409 3rd Street,
SW., 8th floor, Washington, DC 20416.
• Hand Delivery/Courier: Carl J.
Jordan, Acting Division Chief for Size
Standards, U.S. Small Business
Administration, 409 3rd Street, SW., 8th
Floor, Washington, DC 20416.
All comments will be posted on
https://www.Regulations.gov. If you wish
to include within your comment
confidential business information (CBI)
as defined in the Privacy and Use
Notice/User Notice at https://
www.Regulations.gov and you do not
want that information disclosed, you
must submit the comment by either mail
or hand delivery, and you must address
the comment to the attention of Carl J.
Jordan, Acting Division Chief for Size
Standards. In the submission, you must
highlight the information that you
consider is CBI and explain why you
believe this information should be held
confidential. SBA will make the final
determination, in its discretion, of
whether the information is CBI and,
therefore, will not be published.
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FOR FURTHER INFORMATION CONTACT: For
size standard questions please contact
Carl J. Jordan, Acting Division Chief for
Size Standards, (202) 205–6093,
carl.jordan@sba.gov. For finance
questions please contact Grady
Hedgespeth, Director, Office of
Financial Assistance, (202) 205–7562,
grady.hedgespeth@sba.gov.
SUPPLEMENTARY INFORMATION:
I. Background Information
The American Recovery and
Reinvestment Act of 2009 (Recovery
Act), Public Law 111–05 was enacted on
February 17, 2009, to among other
things, promote economic recovery by
preserving and creating jobs, and to
assist those most impacted by the severe
economic conditions facing the nation.
SBA is one of several agencies that are
intended to play a role in achieving
these goals. SBA received funding and
authority through the Recovery Act to
modify its existing loan programs or
establish new loan programs to help reinvigorate small business lending.
SBA’s actions will increase access to
affordable credit for small businesses
through the agency’s 7(a) and 504 loan
programs, unfreeze the secondary
market for SBA guaranteed loans, help
small businesses struggling with
existing debt, and allow greater
investment in high-growth small
businesses. The changes to SBA’s
programs by the Recovery Act include
the following: (1) Temporary reduction
or elimination of fees in the 7(a) and 504
loan guarantee programs; (2) temporary
authorization of up to a 90 percent
guarantee on most 7(a) loans; (3)
creation of a temporary Secondary
Market Guarantee Authority to provide
a Federal guarantee for pools of first lien
504 loans that are to be sold to thirdparty investors; (4) new authority for
refinancing community development
loans under the 504 program; (5)
revision of the job creation goals of the
504 program; (6) simplification of the
maximum leverage limits and aggregate
investment limits required of Small
Business Investment Companies; (7)
temporary authority to provide loans on
a deferred basis to viable small business
concerns that have a qualifying small
business loan and are experiencing
immediate financial hardship; (8)
temporary increase in the surety bond
maximum amount; and (9)
establishment of a Secondary Market
Lending Authority to make loans to
systemically important broker dealers in
SBA’s 7(a) secondary market.
To achieve its mandate under the
Recovery Act and maximize credit
available through its programs to
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Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Rules and Regulations
America’s small businesses, SBA is
issuing this rule. SBA believes that in
the current economic environment,
many businesses that are slightly
outside of traditional size standards to
qualify for SBA guaranteed 7(a) loans
are shut out of conventional lending
markets and unable to obtain credit. As
a result of the recent disruptions in
credit markets, commercial borrowers
are on average less creditworthy than in
previous years. Lenders have also
significantly tightened credit standards
for borrowers. These trends are
evidenced by Quarterly Senior Loan
Officer Opinion Surveys released by the
Federal Reserve Board (available at
https://www.federalreserve.gov/
BoardDocs/SnLoanSurvey/default.htm)
in July 2008, October 2008 and January
2009 and are expected to continue given
the unprecedented disruptions in the
financial system.
Under SBA’s CDC program, a business
concern must meet either the size
eligibility criteria of the 7(a) Business
Loan Program, or have tangible net
worth not in excess of $8.5 million and
average net income after Federal income
taxes (excluding any carry-over losses)
for the preceding two completed fiscal
years not in excess of $3.0 million (13
CFR 120.301(b)). This interim final rule
temporarily extends eligibility for 7(a)
loans to businesses that meet the
alternate size criteria for the CDC
Program. SBA estimates that this will
qualify an additional 70,000 businesses
for the 7(a) Business Loan program and
immediately help make capital available
to these small businesses which may be
affected by diminished credit
opportunities as a result of the
economy. This temporary size standard
will be available from the Effective Date
of this rule though the end of Federal
Fiscal Year 2010, September 30, 2010.
SBA has at least twice before taken
similar measures to provide assistance
to additional small businesses in times
of economic uncertainty. SBA
temporarily applied the CDC size
standards to the 7(a) Business Loan
Program from December 31, 1992 to
March 4, 1993. SBA also applied the
CDC size standards to 7(a) loans made
through its Gulf Opportunity Loan Pilot
program because of the urgent need for
Federal financial assistance as a result
of Hurricanes Katrina and Rita in 2005.
70 FR 69045, November 14, 2005.
Small businesses are critical to the
nation’s economy and are responsible
for most new private sector jobs created
and roughly 50% of the non-farm
employment base. Access to capital at
affordable rates and attractive terms is
the lifeblood of a healthy small business
sector. Today, many small business
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concerns, including those which may
not qualify for 7(a) loans under the
existing framework, are experiencing
financial hardship as a result of
economy. SBA believes that temporarily
applying the CDC size standards to the
7(a) program will provide an effective
mechanism for the Federal Government
to extend crucial financial assistance to
small businesses that cannot obtain
financial assistance in the current
economic environment. This will also
help achieve the purposes and goals of
the Recovery Act to promote economic
recovery, create and preserve jobs, and
make small business credit more
available.
II. Analysis of Changes to Section 121
Section 121.301(a). This section is
revised to clarify that the alternative 7(a)
business loan size standard is temporary
and applies only for a period that
coincides with two Federal Fiscal Years
(FY 2009 and FY 2010). This date also
coincides with SBA Recovery Act
funding and several new Recovery Act
SBA Programs, which are available
through September 30, 2010.
Section 121.301(b). This section is
revised to extend temporarily the
alternate size standards currently in use
for SBA’s CDC program to small
businesses seeking financial assistance
under the Agency’s 7(a) program.
Currently, as stated above, to be
eligible for assistance under the CDC
program, a business concern must meet
either the size eligibility criteria of the
7(a) Business Loan Program, or have
tangible net worth not in excess of $8.5
million and average net income after
Federal income taxes (excluding any
carry-over losses) for the preceding two
completed fiscal years not in excess of
$3.0 million. Size standards based on
the CDC net worth and net income size
standard make assistance available to
some small businesses that may be
larger in size than business concerns
that qualify for the 7(a) Business Loan
Program.
SBA recognizes that small business
concerns are experiencing difficulty
accessing credit in the current economic
environment. Many businesses that
previously qualified for conventional
credit programs, without government
assistance, are now less able to access
the financing they need. The broader
CDC alternate size standards will make
more small businesses eligible for 7(a)
loans.
Applying the alternate net worth and
net income size standards to the 7(a)
loan program on a temporary basis
during the current downturn in the
economy provides an effective
mechanism for the Federal Government
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to extend crucial financial assistance
that would otherwise be unavailable to
this segment of the small business
community.
III. Justification for Publication as
Interim Final Rule
In general, SBA publishes a rule for
public comment before issuing a final
rule in accordance with the
Administrative Procedure Act (APA)
and SBA regulations. 5 U.S.C. 553 and
13 CFR 101.108. Section 553(b)(3)(B) of
the APA provides an exception to this
standard rulemaking process, however,
where an agency finds good cause to
adopt a rule without prior public
participation. The good cause
requirement is satisfied when prior
public participation is impracticable,
unnecessary, or contrary to the public
interest. Under such circumstances, an
agency may publish an interim final
rule without soliciting public comment.
In enacting the good cause exception
to standard rulemaking procedures,
Congress recognized that emergency
situations arise where an agency must
issue a rule without public
participation.
The Recovery Act was enacted in
response to pronounced turmoil in the
financial markets. It promotes economic
recovery by preserving and creating jobs
and assisting those most impacted by
the severe economic conditions facing
the nation. SBA received funding and
authority through the Recovery Act to
modify existing loan programs and
establish new loan programs to
significantly stimulate small business
lending. SBA expects these actions will
increase access to affordable credit for
small businesses through the Agency’s
7(a) loan programs, unfreeze the
secondary market for SBA guaranteed
loans, help small businesses struggling
with existing debt, and allow greater
investment in high-growth small
businesses.
To achieve the purposes and spirit of
the Recovery Act, SBA’s temporary
application of the broader alternate size
standards of the CDC Program to
businesses seeking 7(a) loans will
provide them with additional choices
for obtaining financial assistance. This
temporary alternative 7(a) loan size
standard will enable businesses
currently sharing many characteristics
of existing small businesses to have
access to SBA’s flagship credit program
in this time of tight credit.
Accordingly, SBA finds that good
cause exists to publish this rule as an
interim final rule in light of the urgent
need. Advance solicitation of comments
for this rulemaking would be
impracticable and contrary to the public
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Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Rules and Regulations
interest, as it would harm those small
businesses that need immediate access
to capital. Any such delay would be
extremely prejudicial to the affected
businesses.
IV. Justification for Immediate Effective
Date of Interim Final Rule
The Administrative Procedure Act
requires that ‘‘publication or service of
a substantive rule shall be made not less
than 30 days before its effective date,
except * * * as otherwise provided by
the agency for good cause found and
published with the rule.’’ 5 U.S.C.
553(d)(3). SBA finds that good cause
exists to make this final rule effective
the same day it is published in the
Federal Register.
The purpose of the APA provision is
to provide interested and affected
members of the public sufficient time to
adjust their behavior before the rule
takes effect. For the reasons set forth
above in the section on Justification for
Publication as Interim Final Rule, SBA
finds that good cause exists for making
this interim final rule effective
immediately, instead of observing the
30-day period between publication and
effective date. Small businesses can
receive assistance without delay by the
immediate adoption of this rule, and no
postponement of effective date is
necessary for the public to adjust its
behavior. The changes adopted in this
rule temporarily extend the 7(a)
program to an additional group of small
businesses; however, current programs
and practices remain in place.
V. Comments Request
Although this rule is being published
as an interim final rule, SBA is
soliciting comments from interested
members of the public on all aspects of
this rule, including the underlying
policies. In particular, SBA would
appreciate comments addressing the
duration of the regulatory change and
whether SBA should consider making
the change permanent.
Compliance With Executive Orders
12866, 12988, and 13132, the
Paperwork Reduction Act (44 U.S.C.,
Ch. 35) and the Regulatory Flexibility
Act (5 U.S.C. 601–612)
Executive Order 12866
The Office of Management and Budget
(OMB) has determined that this
proposed rule is a ‘‘significant’’
regulatory action for purposes of
Executive Order 12866. Accordingly,
the next section contains SBA’s
Regulatory Impact Analysis. This is not
a major rule, however, under the
Congressional Review Act, 5 U.S.C. 800.
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Regulatory Impact Analysis
1. Is there a need for the regulatory
action?
As discussed in the supplementary
information, the current economic
conditions warrant applying the
alternate size standards of the CDC
Program to the 7(a) Business Loan
Program as a mechanism for addressing
diminished sources of credit for the
small business community. SBA’s
mission is to aid and assist small
businesses through a variety of
financial, procurement, business
development, and advocacy programs.
To assist effectively the intended
beneficiaries of these programs, SBA
must establish distinct definitions of
which businesses are deemed small
businesses. The Small Business Act (15
U.S.C. 632(a)) delegates to SBA’s
Administrator the responsibility for
establishing small business definitions.
For two of SBA’s financial assistance
programs (i.e., the CDC Program and the
Small Business Investment Company
Program), a business may qualify for
assistance if it does not exceed the
industry size standard for its primary
industry (13 CFR 121.201) or alternate
size standards based on net worth and
net income. For certain industries, the
alternate size standards qualify
businesses larger in size than under the
industry size standard levels.
This regulatory action promotes the
Administration’s objectives. One of
SBA’s goals in support of the
Administration’s objectives is to help
individual small businesses succeed
through fair and equitable access to
capital and credit. Reviewing and
modifying size standards, when
appropriate, ensures that intended
beneficiaries have access to small
business programs designed to assist
them.
2. What are the potential benefits and
costs of this regulatory action?
The benefit to businesses obtaining
small business status as a result of this
interim final rule is eligibility for SBA’s
7(a) Business Loan Program. The
alternate CDC net worth and net income
size standards do not affect other SBA
programs, Federal procurement
preference programs for small
businesses, or regulatory and other
programs of other Federal agencies that
use SBA size standards. Under this
interim final rule, approximately 70,000
additional businesses (primarily
engaged in construction, retail trade,
and services) will become eligible for
the 7(a) Business Loan Program. The
assistance available under the 7(a)
Business Loan Program will enable
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20579
newly eligible businesses to access
credit they need to maintain or expand
their operations during the current
economic conditions.
SBA estimates that approximately 900
additional 7(a) loans per year totaling
$450 million could be made to these
newly defined small businesses.
Extending the 7(a) Business Loan
Program to additional businesses is not
expected to crowd-out other small
businesses since the estimated
additional loans represent
approximately 3.5 percent of the total
loan volume in fiscal year 2008 of
approximately $13 billion and is well
within the SBA authorized loan ceiling
for fiscal year 2009.
SBA does not anticipate any
significant costs to the Program as a
result of this interim final rule. The
Program is self-financing and existing
resources are in place to sufficiently
process the additional loans.
Executive Order 12988: For the
purposes of Executive Order 12988,
Civil Justice Reform, SBA has
determined that this rule is crafted, to
the extent practicable, in accordance
with the standards set forth in §§ 3(a)
and 3(b)(2), to minimize litigation,
eliminate ambiguity, and reduce
burden.
Executive Order 13132: For the
purposes of Executive Order 13132,
SBA determined that this rule has no
federalism implications warranting
preparation of a federalism assessment.
Paperwork Reduction Act: This
interim final rule does not impose any
additional reporting or recordkeeping
requirements under the Paperwork
Reduction Act, 44 USC Chapter 35.
Regulatory Flexibility Act: Because
the rule is an interim final rule, there is
no requirement for SBA to prepare an
Initial Regulatory Flexibility Act (IRFA)
analysis. The Regulatory Flexibility Act
(RFA), 5 U.S.C. 601, requires
administrative agencies to consider the
effect of their actions on small entities,
small non-profit businesses, and small
local governments. Pursuant to the RFA,
when an agency issues a rule, the
agency must prepare an IRFA which
describes whether the impact of the rule
will have a significant economic impact
on a substantial number of small
entities. However, the RFA requires
analysis of a rule only where notice and
comment rulemaking are required.
Rules are exempt from Administrative
Procedure Act (APA) notice and
comment requirements and therefore
from the RFA requirements when the
agency for good cause finds that notice
and public procedure thereon is
impracticable, unnecessary, or contrary
to the public interest.
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List of Subjects in 13 CFR Part 121
Loan programs—business, Disaster
assistance loans, Reporting and
recordkeeping requirements, Small
business.
■ For reasons set forth in the preamble,
amend part 121 of title 13 Code of
Federal Regulations as follows:
PART 121—SMALL BUSINESS SIZE
REGULATIONS
would have applied if the applicant
were a taxable corporation.
(iii) Sum the results obtained in
paragraphs (b)(2)(i) and (b)(2)(ii) of this
section.
*
*
*
*
*
Dated: April 15, 2009.
Karen G. Mills,
Administrator.
[FR Doc. E9–10359 Filed 5–1–09; 11:15 am]
BILLING CODE 8025–01–P
1. The authority citation for part 121
continues to read as follows:
■
Authority: 15 U.S.C. 632, 634(b)(6), 636(b),
637, 644, and 662(5); and Pub. L. 105–135,
sec. 401 et seq., 111 Stat. 2592.
DEPARTMENT OF TRANSPORTATION
2. Amend § 121.301 by revising
paragraphs (a) introductory text and (b)
to read as follows:
14 CFR Part 39
■
§ 121.301 What size standards are
applicable to financial assistance
programs?
22:59 May 04, 2009
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[Docket No. FAA–2006–23742; Directorate
Identifier 2005–NE–53–AD; Amendment 39–
15896; AD 2009–10–06]
RIN 2120–AA64
(a) For Business Loans (other than for
7(a) Business Loans for the period
beginning May 5, 2009 and ending on
September 30, 2010) and for Disaster
Loans (other than physical disaster
loans), an applicant business concern
must satisfy two criteria:
*
*
*
*
*
(b) For Development Company
programs and, for the period beginning
May 5, 2009 and ending on September
30, 2010, for 7(a) Business Loans, an
applicant must meet one of the
following standards:
(1) The same standards applicable
under paragraph (a) of this section; or
(2) Including its affiliates, tangible net
worth not in excess of $8.5 million, and
average net income after Federal income
taxes (excluding any carry-over losses)
for the preceding two completed fiscal
years not in excess of $3.0 million. If the
applicant is not required by law to pay
Federal income taxes at the enterprise
level, but is required to pass income
through to its shareholders, partners,
beneficiaries, or other equitable owners,
the applicant’s ‘‘net income after
Federal income taxes’’ will be its net
income reduced by an amount
computed as follows:
(i) If the applicant is not required by
law to pay State (and local, if any)
income taxes at the enterprise level,
multiply its net income by the marginal
State income tax rate (or by the
combined State and local income tax
rates, as applicable) that would have
applied if it were a taxable corporation.
(ii) Multiply the applicant’s net
income, less any deduction for State and
local income taxes calculated under
paragraph (b)(2)(i) of this section, by the
marginal Federal income tax rate that
VerDate Nov<24>2008
Federal Aviation Administration
Airworthiness Directives; Pratt &
Whitney (PW) JT9D–7R4 Series
Turbofan Engines
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: The FAA is superseding an
existing airworthiness directive (AD) for
PW JT9D–7R4 series turbofan engines.
That AD currently requires removing
certain reduced cooling flow 2nd stage
high-pressure turbine (HPT) vane
assemblies installed in certain 2nd stage
HPT vane cluster assemblies. It also
requires a visual and a fluorescent
penetrant inspection (FPI) of the 2nd
stage HPT air seal assembly, part
number (P/N) 815097. This AD requires
a visual and FPI of all P/N 2nd stage
HPT air seal assemblies that were used
with reduced cooling flow 2nd stage
HPT vane assemblies. This AD results
from PW identifying additional P/N air
seal assemblies that are affected by the
unsafe condition. We are issuing this
AD to prevent uncontained failure of the
2nd stage HPT air seal assembly, leading
to engine in-flight shutdown and
damage to the airplane.
DATES: This AD becomes effective June
9, 2009.
ADDRESSES: You can get the service
information identified in this AD from
Pratt & Whitney, 400 Main St., East
Hartford, CT 06108; telephone (860)
565–8770; fax (860) 565–4503.
The Docket Operations office is
located at Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
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FOR FURTHER INFORMATION CONTACT:
Mark Riley, Aerospace Engineer, Engine
Certification Office, FAA, Engine and
Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803;
e-mail: mark.riley@faa.gov; telephone
(781) 238–7758; fax (781) 238–7199.
SUPPLEMENTARY INFORMATION: The FAA
proposed to amend 14 CFR part 39 by
superseding AD 2007–17–21,
Amendment 39–15180 (72 FR 48549,
August 24, 2007), with a proposed AD.
The proposed AD applies to PW JT9D–
7R4 series turbofan engines. We
published the proposed AD in the
Federal Register on November 9, 2007
(72 FR 63510). That action proposed to
require at the next HPT module
exposure:
• Removing the reduced cooling flow
2nd stage HPT vane assemblies.
• Visual and fluorescent penetrant
inspections of the 2nd stage HPT air seal
assemblies that have operated in an
engine with reduced cooling flow 2nd
stage HPT vane assemblies.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Operations office (telephone
(800) 647–5527) is provided in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
Difficulty Determining Reduced Cooling
Flow 2nd Stage HPT Vane Assemblies
One commenter, FedEx Express,
states since FedEx Express does not
track 2nd stage NGVs, it will be difficult
to determine if the 2nd stage air seal
operated in an engine with reduced
cooling flow HPT vane assemblies
installed.
We don’t agree. There is no
requirement to identify 2nd stage air
seals which may have operated in the
past with reduced cooling flow 2nd
stage HPT vane assemblies. This AD
requires inspections of 2nd stage air
seals if at disassembly, the air seals are
found with reduced cooling flow 2nd
stage HPT vanes installed. HPT 2nd
stage air seals that pass inspection
requirements per the engine manual
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Agencies
[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Rules and Regulations]
[Pages 20577-20580]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10359]
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SMALL BUSINESS ADMINISTRATION
13 CFR Part 121
RIN 3245-AF96
Small Business Size Standards; Temporary Alternative Size
Standards for 7(a) Business Loan Program
AGENCY: Small Business Administration (SBA).
ACTION: Interim final rule with request for comments.
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SUMMARY: The U.S. Small Business Administration (SBA) is temporarily
amending the size eligibility criteria for loan assistance provided
under its 7(a) Business Loan Program. This rule temporarily establishes
the same alternative small business size standard that applies to SBA's
Certified Development Company (CDC) Program. The U.S. Congress passed
and the President signed the American Recovery and Reinvestment Act of
2009 (Recovery Act). The purposes and goals of the Recovery Act are to
promote economic recovery and to preserve and create jobs. SBA prepared
this rule as an interim final rule, effective immediately, because it
will help alleviate the pressing needs of many small businesses for
financial assistance in the current economic environment.
DATES: Effective Dates: This rule is effective on May 5, 2009.
Comment Date: Comments on the interim final rule must be received
on or before August 3, 2009.
Applicability Dates: This rule applies to all 7(a) loan
applications approved from May 5, 2009 through September 30, 2010.
ADDRESSES: You may submit comments, identified by [RIN number 3245-
[INSERT] by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Carl J. Jordan, Acting Division Chief for Size
Standards, U.S. Small Business Administration, 409 3rd Street, SW., 8th
floor, Washington, DC 20416.
Hand Delivery/Courier: Carl J. Jordan, Acting Division
Chief for Size Standards, U.S. Small Business Administration, 409 3rd
Street, SW., 8th Floor, Washington, DC 20416.
All comments will be posted on https://www.Regulations.gov. If you wish
to include within your comment confidential business information (CBI)
as defined in the Privacy and Use Notice/User Notice at https://
www.Regulations.gov and you do not want that information disclosed, you
must submit the comment by either mail or hand delivery, and you must
address the comment to the attention of Carl J. Jordan, Acting Division
Chief for Size Standards. In the submission, you must highlight the
information that you consider is CBI and explain why you believe this
information should be held confidential. SBA will make the final
determination, in its discretion, of whether the information is CBI
and, therefore, will not be published.
FOR FURTHER INFORMATION CONTACT: For size standard questions please
contact Carl J. Jordan, Acting Division Chief for Size Standards, (202)
205-6093, carl.jordan@sba.gov. For finance questions please contact
Grady Hedgespeth, Director, Office of Financial Assistance, (202) 205-
7562, grady.hedgespeth@sba.gov.
SUPPLEMENTARY INFORMATION:
I. Background Information
The American Recovery and Reinvestment Act of 2009 (Recovery Act),
Public Law 111-05 was enacted on February 17, 2009, to among other
things, promote economic recovery by preserving and creating jobs, and
to assist those most impacted by the severe economic conditions facing
the nation. SBA is one of several agencies that are intended to play a
role in achieving these goals. SBA received funding and authority
through the Recovery Act to modify its existing loan programs or
establish new loan programs to help re-invigorate small business
lending. SBA's actions will increase access to affordable credit for
small businesses through the agency's 7(a) and 504 loan programs,
unfreeze the secondary market for SBA guaranteed loans, help small
businesses struggling with existing debt, and allow greater investment
in high-growth small businesses. The changes to SBA's programs by the
Recovery Act include the following: (1) Temporary reduction or
elimination of fees in the 7(a) and 504 loan guarantee programs; (2)
temporary authorization of up to a 90 percent guarantee on most 7(a)
loans; (3) creation of a temporary Secondary Market Guarantee Authority
to provide a Federal guarantee for pools of first lien 504 loans that
are to be sold to third-party investors; (4) new authority for
refinancing community development loans under the 504 program; (5)
revision of the job creation goals of the 504 program; (6)
simplification of the maximum leverage limits and aggregate investment
limits required of Small Business Investment Companies; (7) temporary
authority to provide loans on a deferred basis to viable small business
concerns that have a qualifying small business loan and are
experiencing immediate financial hardship; (8) temporary increase in
the surety bond maximum amount; and (9) establishment of a Secondary
Market Lending Authority to make loans to systemically important broker
dealers in SBA's 7(a) secondary market.
To achieve its mandate under the Recovery Act and maximize credit
available through its programs to
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America's small businesses, SBA is issuing this rule. SBA believes that
in the current economic environment, many businesses that are slightly
outside of traditional size standards to qualify for SBA guaranteed
7(a) loans are shut out of conventional lending markets and unable to
obtain credit. As a result of the recent disruptions in credit markets,
commercial borrowers are on average less creditworthy than in previous
years. Lenders have also significantly tightened credit standards for
borrowers. These trends are evidenced by Quarterly Senior Loan Officer
Opinion Surveys released by the Federal Reserve Board (available at
https://www.federalreserve.gov/BoardDocs/SnLoanSurvey/default.htm) in
July 2008, October 2008 and January 2009 and are expected to continue
given the unprecedented disruptions in the financial system.
Under SBA's CDC program, a business concern must meet either the
size eligibility criteria of the 7(a) Business Loan Program, or have
tangible net worth not in excess of $8.5 million and average net income
after Federal income taxes (excluding any carry-over losses) for the
preceding two completed fiscal years not in excess of $3.0 million (13
CFR 120.301(b)). This interim final rule temporarily extends
eligibility for 7(a) loans to businesses that meet the alternate size
criteria for the CDC Program. SBA estimates that this will qualify an
additional 70,000 businesses for the 7(a) Business Loan program and
immediately help make capital available to these small businesses which
may be affected by diminished credit opportunities as a result of the
economy. This temporary size standard will be available from the
Effective Date of this rule though the end of Federal Fiscal Year 2010,
September 30, 2010.
SBA has at least twice before taken similar measures to provide
assistance to additional small businesses in times of economic
uncertainty. SBA temporarily applied the CDC size standards to the 7(a)
Business Loan Program from December 31, 1992 to March 4, 1993. SBA also
applied the CDC size standards to 7(a) loans made through its Gulf
Opportunity Loan Pilot program because of the urgent need for Federal
financial assistance as a result of Hurricanes Katrina and Rita in
2005. 70 FR 69045, November 14, 2005.
Small businesses are critical to the nation's economy and are
responsible for most new private sector jobs created and roughly 50% of
the non-farm employment base. Access to capital at affordable rates and
attractive terms is the lifeblood of a healthy small business sector.
Today, many small business concerns, including those which may not
qualify for 7(a) loans under the existing framework, are experiencing
financial hardship as a result of economy. SBA believes that
temporarily applying the CDC size standards to the 7(a) program will
provide an effective mechanism for the Federal Government to extend
crucial financial assistance to small businesses that cannot obtain
financial assistance in the current economic environment. This will
also help achieve the purposes and goals of the Recovery Act to promote
economic recovery, create and preserve jobs, and make small business
credit more available.
II. Analysis of Changes to Section 121
Section 121.301(a). This section is revised to clarify that the
alternative 7(a) business loan size standard is temporary and applies
only for a period that coincides with two Federal Fiscal Years (FY 2009
and FY 2010). This date also coincides with SBA Recovery Act funding
and several new Recovery Act SBA Programs, which are available through
September 30, 2010.
Section 121.301(b). This section is revised to extend temporarily
the alternate size standards currently in use for SBA's CDC program to
small businesses seeking financial assistance under the Agency's 7(a)
program.
Currently, as stated above, to be eligible for assistance under the
CDC program, a business concern must meet either the size eligibility
criteria of the 7(a) Business Loan Program, or have tangible net worth
not in excess of $8.5 million and average net income after Federal
income taxes (excluding any carry-over losses) for the preceding two
completed fiscal years not in excess of $3.0 million. Size standards
based on the CDC net worth and net income size standard make assistance
available to some small businesses that may be larger in size than
business concerns that qualify for the 7(a) Business Loan Program.
SBA recognizes that small business concerns are experiencing
difficulty accessing credit in the current economic environment. Many
businesses that previously qualified for conventional credit programs,
without government assistance, are now less able to access the
financing they need. The broader CDC alternate size standards will make
more small businesses eligible for 7(a) loans.
Applying the alternate net worth and net income size standards to
the 7(a) loan program on a temporary basis during the current downturn
in the economy provides an effective mechanism for the Federal
Government to extend crucial financial assistance that would otherwise
be unavailable to this segment of the small business community.
III. Justification for Publication as Interim Final Rule
In general, SBA publishes a rule for public comment before issuing
a final rule in accordance with the Administrative Procedure Act (APA)
and SBA regulations. 5 U.S.C. 553 and 13 CFR 101.108. Section
553(b)(3)(B) of the APA provides an exception to this standard
rulemaking process, however, where an agency finds good cause to adopt
a rule without prior public participation. The good cause requirement
is satisfied when prior public participation is impracticable,
unnecessary, or contrary to the public interest. Under such
circumstances, an agency may publish an interim final rule without
soliciting public comment.
In enacting the good cause exception to standard rulemaking
procedures, Congress recognized that emergency situations arise where
an agency must issue a rule without public participation.
The Recovery Act was enacted in response to pronounced turmoil in
the financial markets. It promotes economic recovery by preserving and
creating jobs and assisting those most impacted by the severe economic
conditions facing the nation. SBA received funding and authority
through the Recovery Act to modify existing loan programs and establish
new loan programs to significantly stimulate small business lending.
SBA expects these actions will increase access to affordable credit for
small businesses through the Agency's 7(a) loan programs, unfreeze the
secondary market for SBA guaranteed loans, help small businesses
struggling with existing debt, and allow greater investment in high-
growth small businesses.
To achieve the purposes and spirit of the Recovery Act, SBA's
temporary application of the broader alternate size standards of the
CDC Program to businesses seeking 7(a) loans will provide them with
additional choices for obtaining financial assistance. This temporary
alternative 7(a) loan size standard will enable businesses currently
sharing many characteristics of existing small businesses to have
access to SBA's flagship credit program in this time of tight credit.
Accordingly, SBA finds that good cause exists to publish this rule
as an interim final rule in light of the urgent need. Advance
solicitation of comments for this rulemaking would be impracticable and
contrary to the public
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interest, as it would harm those small businesses that need immediate
access to capital. Any such delay would be extremely prejudicial to the
affected businesses.
IV. Justification for Immediate Effective Date of Interim Final Rule
The Administrative Procedure Act requires that ``publication or
service of a substantive rule shall be made not less than 30 days
before its effective date, except * * * as otherwise provided by the
agency for good cause found and published with the rule.'' 5 U.S.C.
553(d)(3). SBA finds that good cause exists to make this final rule
effective the same day it is published in the Federal Register.
The purpose of the APA provision is to provide interested and
affected members of the public sufficient time to adjust their behavior
before the rule takes effect. For the reasons set forth above in the
section on Justification for Publication as Interim Final Rule, SBA
finds that good cause exists for making this interim final rule
effective immediately, instead of observing the 30-day period between
publication and effective date. Small businesses can receive assistance
without delay by the immediate adoption of this rule, and no
postponement of effective date is necessary for the public to adjust
its behavior. The changes adopted in this rule temporarily extend the
7(a) program to an additional group of small businesses; however,
current programs and practices remain in place.
V. Comments Request
Although this rule is being published as an interim final rule, SBA
is soliciting comments from interested members of the public on all
aspects of this rule, including the underlying policies. In particular,
SBA would appreciate comments addressing the duration of the regulatory
change and whether SBA should consider making the change permanent.
Compliance With Executive Orders 12866, 12988, and 13132, the Paperwork
Reduction Act (44 U.S.C., Ch. 35) and the Regulatory Flexibility Act (5
U.S.C. 601-612)
Executive Order 12866
The Office of Management and Budget (OMB) has determined that this
proposed rule is a ``significant'' regulatory action for purposes of
Executive Order 12866. Accordingly, the next section contains SBA's
Regulatory Impact Analysis. This is not a major rule, however, under
the Congressional Review Act, 5 U.S.C. 800.
Regulatory Impact Analysis
1. Is there a need for the regulatory action?
As discussed in the supplementary information, the current economic
conditions warrant applying the alternate size standards of the CDC
Program to the 7(a) Business Loan Program as a mechanism for addressing
diminished sources of credit for the small business community. SBA's
mission is to aid and assist small businesses through a variety of
financial, procurement, business development, and advocacy programs. To
assist effectively the intended beneficiaries of these programs, SBA
must establish distinct definitions of which businesses are deemed
small businesses. The Small Business Act (15 U.S.C. 632(a)) delegates
to SBA's Administrator the responsibility for establishing small
business definitions.
For two of SBA's financial assistance programs (i.e., the CDC
Program and the Small Business Investment Company Program), a business
may qualify for assistance if it does not exceed the industry size
standard for its primary industry (13 CFR 121.201) or alternate size
standards based on net worth and net income. For certain industries,
the alternate size standards qualify businesses larger in size than
under the industry size standard levels.
This regulatory action promotes the Administration's objectives.
One of SBA's goals in support of the Administration's objectives is to
help individual small businesses succeed through fair and equitable
access to capital and credit. Reviewing and modifying size standards,
when appropriate, ensures that intended beneficiaries have access to
small business programs designed to assist them.
2. What are the potential benefits and costs of this regulatory action?
The benefit to businesses obtaining small business status as a
result of this interim final rule is eligibility for SBA's 7(a)
Business Loan Program. The alternate CDC net worth and net income size
standards do not affect other SBA programs, Federal procurement
preference programs for small businesses, or regulatory and other
programs of other Federal agencies that use SBA size standards. Under
this interim final rule, approximately 70,000 additional businesses
(primarily engaged in construction, retail trade, and services) will
become eligible for the 7(a) Business Loan Program. The assistance
available under the 7(a) Business Loan Program will enable newly
eligible businesses to access credit they need to maintain or expand
their operations during the current economic conditions.
SBA estimates that approximately 900 additional 7(a) loans per year
totaling $450 million could be made to these newly defined small
businesses. Extending the 7(a) Business Loan Program to additional
businesses is not expected to crowd-out other small businesses since
the estimated additional loans represent approximately 3.5 percent of
the total loan volume in fiscal year 2008 of approximately $13 billion
and is well within the SBA authorized loan ceiling for fiscal year
2009.
SBA does not anticipate any significant costs to the Program as a
result of this interim final rule. The Program is self-financing and
existing resources are in place to sufficiently process the additional
loans.
Executive Order 12988: For the purposes of Executive Order 12988,
Civil Justice Reform, SBA has determined that this rule is crafted, to
the extent practicable, in accordance with the standards set forth in
Sec. Sec. 3(a) and 3(b)(2), to minimize litigation, eliminate
ambiguity, and reduce burden.
Executive Order 13132: For the purposes of Executive Order 13132,
SBA determined that this rule has no federalism implications warranting
preparation of a federalism assessment.
Paperwork Reduction Act: This interim final rule does not impose
any additional reporting or recordkeeping requirements under the
Paperwork Reduction Act, 44 USC Chapter 35.
Regulatory Flexibility Act: Because the rule is an interim final
rule, there is no requirement for SBA to prepare an Initial Regulatory
Flexibility Act (IRFA) analysis. The Regulatory Flexibility Act (RFA),
5 U.S.C. 601, requires administrative agencies to consider the effect
of their actions on small entities, small non-profit businesses, and
small local governments. Pursuant to the RFA, when an agency issues a
rule, the agency must prepare an IRFA which describes whether the
impact of the rule will have a significant economic impact on a
substantial number of small entities. However, the RFA requires
analysis of a rule only where notice and comment rulemaking are
required. Rules are exempt from Administrative Procedure Act (APA)
notice and comment requirements and therefore from the RFA requirements
when the agency for good cause finds that notice and public procedure
thereon is impracticable, unnecessary, or contrary to the public
interest.
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List of Subjects in 13 CFR Part 121
Loan programs--business, Disaster assistance loans, Reporting and
recordkeeping requirements, Small business.
0
For reasons set forth in the preamble, amend part 121 of title 13 Code
of Federal Regulations as follows:
PART 121--SMALL BUSINESS SIZE REGULATIONS
0
1. The authority citation for part 121 continues to read as follows:
Authority: 15 U.S.C. 632, 634(b)(6), 636(b), 637, 644, and
662(5); and Pub. L. 105-135, sec. 401 et seq., 111 Stat. 2592.
0
2. Amend Sec. 121.301 by revising paragraphs (a) introductory text and
(b) to read as follows:
Sec. 121.301 What size standards are applicable to financial
assistance programs?
(a) For Business Loans (other than for 7(a) Business Loans for the
period beginning May 5, 2009 and ending on September 30, 2010) and for
Disaster Loans (other than physical disaster loans), an applicant
business concern must satisfy two criteria:
* * * * *
(b) For Development Company programs and, for the period beginning
May 5, 2009 and ending on September 30, 2010, for 7(a) Business Loans,
an applicant must meet one of the following standards:
(1) The same standards applicable under paragraph (a) of this
section; or
(2) Including its affiliates, tangible net worth not in excess of
$8.5 million, and average net income after Federal income taxes
(excluding any carry-over losses) for the preceding two completed
fiscal years not in excess of $3.0 million. If the applicant is not
required by law to pay Federal income taxes at the enterprise level,
but is required to pass income through to its shareholders, partners,
beneficiaries, or other equitable owners, the applicant's ``net income
after Federal income taxes'' will be its net income reduced by an
amount computed as follows:
(i) If the applicant is not required by law to pay State (and
local, if any) income taxes at the enterprise level, multiply its net
income by the marginal State income tax rate (or by the combined State
and local income tax rates, as applicable) that would have applied if
it were a taxable corporation.
(ii) Multiply the applicant's net income, less any deduction for
State and local income taxes calculated under paragraph (b)(2)(i) of
this section, by the marginal Federal income tax rate that would have
applied if the applicant were a taxable corporation.
(iii) Sum the results obtained in paragraphs (b)(2)(i) and
(b)(2)(ii) of this section.
* * * * *
Dated: April 15, 2009.
Karen G. Mills,
Administrator.
[FR Doc. E9-10359 Filed 5-1-09; 11:15 am]
BILLING CODE 8025-01-P