Microloan Program Expanded Eligibility and Other Program Changes, 14617-14621 [2014-05549]
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Proposed Rules
Federal Register
Vol. 79, No. 51
Monday, March 17, 2014
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
SMALL BUSINESS ADMINISTRATION
13 CFR Part 120
[Docket No. SBA–2013–0002]
RIN 3245–AG53
Microloan Program Expanded
Eligibility and Other Program Changes
U.S. Small Business
Administration (SBA).
ACTION: Proposed rule.
AGENCY:
This proposed rule would
amend certain existing regulations for
the Microloan Program. The Microloan
Program assists women, low income,
veteran, and minority entrepreneurs,
and others capable of operating a small
business that are in need of small
amounts of financial assistance.
Specifically, this proposed rule would
allow any Microloan Program
Intermediary to make microloans (loans
of $50,000 or less) to businesses with an
Associate who is on probation or parole,
except in limited circumstances; it
would increase the minimum number of
loans that microloan Intermediaries
must make annually; and it would
remove the requirement that the
Microloan Revolving Fund (MRF) and
the Loan Loss Reserve Fund (LLRF) be
held in interest-bearing Deposit
Accounts. In addition, the proposed rule
includes technical amendments that
would conform the regulations to
current statutory authority.
DATES: Comments must be received on
or before May 16, 2014.
ADDRESSES: You may submit comments,
identified by RIN: 3245–AG53, docket
number [SBA–2013–0002] by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Jody Raskind, Chief,
Microenterprise Development Branch,
U.S. Small Business Administration,
409 3rd Street SW., 8th floor,
Washington, DC 20416.
• Hand Delivery/Courier: Jody
Raskind, Chief, Microenterprise
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SUMMARY:
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Development Branch, U.S. Small
Business Administration, 409 3rd Street
SW., 8th floor, Washington, DC 20416.
All comments will be posted on
www.regulations.gov. If you wish to
submit confidential business
information (CBI) as defined in the User
Notice at www.regulations.gov, please
submit the information to Jody Raskind,
Chief, Microenterprise Development
Branch, U.S. Small Business
Administration, 409 3rd Street SW., 8th
Floor, Washington, DC 20416, or send
an email to jody.raskind@sba.gov.
Highlight the information that you
consider to be CBI and explain why you
believe SBA should hold this
information as confidential. SBA will
review the information and make the
final determination whether it will
publish the information.
FOR FURTHER INFORMATION CONTACT: Jody
Raskind, Chief, Microenterprise
Development Branch, at (202) 205–7076
or Jody.Raskind@sba.gov.
SUPPLEMENTARY INFORMATION:
I. Background Information
Section 7(m) of the Small Business
Act (15 U.S.C. 636(m)) (‘‘Act’’)
authorizes SBA’s Microloan Program,
which assists small businesses that need
small amounts of financial assistance.
Under the program, SBA makes direct
loans to Intermediaries, as defined in
§ 120.701(e), that use the loan proceeds
to make microloans to eligible
borrowers. SBA is also authorized to
make grants to Intermediaries to be used
for marketing, management, and
technical assistance.
This proposed rule includes several
regulatory changes, as well as technical
amendments that conform the
regulations to current statutory
authority. SBA is proposing these
changes in order to clarify certain
program requirements that have caused
confusion and in response to feedback
from existing Intermediaries.
II. Section by Section Analysis
Intermediaries must keep their
Microloan Revolving Funds (MRFs) and
Loan Loss Reserve Funds (LLRFs) at
insured depository institutions. See 13
CFR 120.701(a), 120.709, and 120.710.
SBA proposes to revise the definition of
insured depository institution in
§ 120.701(d) to specifically include
Federally-insured credit unions. The
current definition specifies only insured
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banks and savings associations. SBA is
proposing this change to clarify
inconsistent interpretations of this
definition through a clear statement that
such credit unions are included.
Section 120.707(a), What conditions
apply to loans by Intermediaries to
Microloan borrowers?, sets forth the
eligibility conditions placed on loans
between Intermediaries and microloan
borrowers. However, the current
language of § 120.707(a) has caused
some confusion among Intermediaries
as to which businesses are eligible for
microloans. Currently, § 120.707(a)
states that ‘‘An intermediary may make
Microloans to any small business
eligible to receive financial assistance
under this part.’’ SBA interprets this
language to mean that microloan
borrowers must meet the same
eligibility criteria as borrowers under
the Agency’s 7(a) and 504 business loan
programs (except that nonprofit child
care businesses are eligible for
microloans). See 13 CFR 120.110. The
proposed rule would revise this
language to clarify that microloan
borrowers must meet the same
eligibility requirements as borrowers in
the 7(a) and 504 programs, except as
specifically set forth in § 120.707(a).
This rule would also amend
§ 120.707(a) to allow Intermediaries to
make loans to businesses with an
Associate, as defined in § 120.10, who is
currently on probation or parole, except
in limited circumstances. Businesses
with an Associate who is incarcerated,
on probation, on parole, or currently
under indictment for a felony or a crime
of moral turpitude are ineligible for
assistance under the 7(a) or 504
programs under § 120.110(n); therefore,
such businesses are currently ineligible
for assistance under the Microloan
Program as well. SBA is proposing this
change as a result of a regulatory review
conducted in connection with SBA’s
participation on the Federal Interagency
Reentry Council (Reentry Council),
https://
www.nationalreentryresourcecenter.org/
reentry-council. The Reentry Council is
an interagency task force led by the
Department of Justice which seeks to
explore ways in which agencies can
reduce the Federal barriers to successful
reentry of formerly incarcerated
individuals in order to assist them in
becoming productive citizens. Formerly
incarcerated individuals who maintain
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steady employment are less likely to
return to jail; however, many formerly
incarcerated individuals have difficulty
finding steady employment. The
Microloan Program offers an
opportunity for such individuals who
meet the Intermediaries’ lending criteria
to receive financing and technical
assistance to start their own businesses.
Under the amended rule, businesses
with an Associate on probation or
parole for an offense involving fraud or
dishonesty would be ineligible, as
would child care businesses with an
Associate on probation or parole for an
offense against children. Also, under the
proposed rule, individuals who are
currently incarcerated or under
indictment would remain ineligible for
microloans.
In § 120.709, What is the Microloan
Revolving Fund?, and § 120.710(a),
What is the Loan Loss Reserve Fund?,
SBA proposes to remove the
requirement that Deposit Accounts, as
defined in § 120.701(a), be interestbearing. SBA is proposing this change
after receiving information from several
Intermediaries that interest-bearing
accounts are not readily available or
require Intermediaries to pay a fee. This
proposed rule eliminates the
requirement that the Deposit Accounts
be interest-bearing and, as a result,
would reduce the burden and costs
faced by microloan Intermediaries.
In § 120.712, How does an
Intermediary get a grant to assist
Microloan borrowers?, SBA proposes to
remove paragraph (c) to conform to
current statutory authority. Section
120.712(c) states that Intermediaries that
make at least 50 percent of their loans
to small businesses located in or owned
by residents of Economically Distressed
Areas are not subject to the 25 percent
grant contribution requirement. This
Intermediary contribution waiver
authority was removed from the statute
in 2010. See 15 U.S.C. 636(m)(4), as
amended by Public Law 111–240.
Paragraphs (d) and (e) would be
redesignated as paragraphs (c) and (d).
SBA proposes to add a new § 120.716,
What is the minimum number of loans
an Intermediary must make each
Federal fiscal year?, which would
contain the minimum loan requirement
for Intermediaries. The minimum loan
requirement is currently contained in
§ 120.1425(d)(2), Grounds for
enforcement actions—Intermediaries
participating in the Microloan Program
and NTAPs, which is located in Subpart
I, ‘‘Risk-Based Lender Oversight’’
(including oversight of Intermediaries).
SBA is proposing to move the minimum
loan requirement to Subpart G, which
contains the other regulations specific to
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the Microloan Program. The new
§ 120.716 would also specifically state
that Intermediaries that do not meet the
minimum loan requirement are not
eligible to receive new grant funding.
This is consistent with SBA’s current
policy and practice. SBA determines
whether an Intermediary is eligible for
grant funding based on the number of
microloans made in the previous
Federal fiscal year. An Intermediary that
is ineligible for a grant due to failure to
make the minimum number of
microloans in the previous Federal
fiscal year may become eligible for grant
funding the following year by meeting
the minimum number of loans for the
current year. Section 120.1425(d)(2)
would be revised to include a cross
reference to the new § 120.716.
Proposed § 120.716 would also
increase the minimum number of
microloans that Intermediaries must
close and fund each year. Currently,
Intermediaries must close and fund (i.e.,
make an initial disbursement on) at least
four loans each Federal fiscal year.
Under the proposed rule, the minimum
number of microloans will gradually
increase to twelve per year. In FY2015,
the minimum loan requirement will be
six microloans. In FY2016, the
requirement will increase to eight
microloans. In FY2017 and thereafter,
the requirement will increase to a
minimum of twelve microloans each
year.
SBA proposes to increase the
minimum loan requirement for several
reasons. First, many existing
Intermediaries have repeatedly
requested an increase in the
requirement so that more grant funding
is available for those Intermediaries that
generate higher numbers of loans.
Second, increasing the minimum
number of loans will expand access to
capital by increasing the total number of
microloans made each year by
Intermediaries. Finally, SBA believes
that a minimum requirement of twelve
loans, which represents approximately
one microloan per month, is a
reasonable standard that active lenders
should be able to meet. Increasing the
minimum loan requirement will require
Intermediaries that currently make less
than the minimum number of
microloans per year to increase their
lending. SBA proposes a graduated
increase in the minimum loan
requirement to allow Intermediaries
sufficient time to build scale to meet the
higher requirements.
SBA invites comments on all aspects
of the proposed rule and, in particular,
whether the proposed minimum loan
requirements are achievable without
sacrificing prudent lending standards.
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SBA would also like comments
regarding the limitation on making of
microloans to businesses with an
Associate who is on probation or parole
for certain offenses, and on how
Intermediaries would comply with this
requirement.
Compliance With Executive Orders
12866, 12988, 13132, and 13563, 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
has determined that this proposed rule
is a ‘‘significant’’ regulatory action for
the purposes of Executive Order 12866.
Accordingly, the next section contains
SBA’s Regulatory Impact Analysis.
However, this is not a major rule under
the Congressional Review Act, 5 U.S.C.
800.
A. Regulatory Objective of the Proposal
The proposed rule would allow any
Microloan Program Intermediary to
make microloans (loans of $50,000 or
less) to businesses with an Associate
who is on probation or parole; it
increases the minimum number of loans
that microloan Intermediaries must
make annually; and it removes the
requirement that the Microloan
Revolving Fund (MRF) and the Loan
Loss Reserve Fund (LLRF) be held in
interest-bearing Deposit Accounts. In
addition, the proposed rule includes
technical amendments that conform the
regulations to current statutory
authority.
B. Benefits of the Rule
The small business borrowers that
receive loans from Microloan Program
Intermediaries directly benefit from the
Microloan Program. The most
significant benefit to small business
borrowers as a result of this proposed
rule is increased access to capital. This
proposed rule would allow Microloan
Program Intermediaries to make loans to
businesses with an Associate who is on
probation or parole, except in limited
circumstances. This change would meet
the unmet financing and employment
opportunity needs of this segment of the
population.
Additionally, this proposed rule
would require Intermediaries to meet a
higher standard in terms of minimum
loan production. Once fully
implemented, this new standard will
represent an increase of approximately
400 microloans per year. During FY
2012, 77 Intermediaries (approximately
half of Intermediaries) made fewer than
12 microloans. As proposed,
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Intermediaries would be required to
increase the number of microloans made
each year in order to receive grant
funding, which is used to provide
technical assistance to borrowers and
prospective borrowers. As a result, this
proposed rule change would also
increase the number of microborrowers
receiving training with limited technical
assistance resources. Finally, the rule
change would encourage the expansion
of Intermediaries into new lending
territories to broaden the base of
customers from which borrowers can be
drawn. This expansion represents
geographic growth in availability of
capital for small business borrowers.
The final element of the proposed rule
change, the removal of the interestbearing requirement on deposit
accounts, will ultimately mean more
financing capital and technical
assistance training for small business
borrowers. Banks often charge monthly
fees for use of interest-bearing deposit
accounts. By allowing microloan
Intermediaries to use non-interest
bearing accounts, the Intermediaries
will have additional resources to use
toward providing loans or technical
assistance.
C. Costs of the Rule
The proposed rule changes would
impact the approximately 77
Intermediaries making fewer than
twelve microloans per year. However,
the graduated introduction of the higher
minimum loan requirement will lessen
the cost faced by the Intermediaries by
allowing additional time to ramp up
loan production. Because the financing
capital is provided by SBA, the only
cost to the Intermediaries will be the
operating expenses associated with the
increased number of loans that are not
covered by the interest rate spread
allowed by the program.
SBA does not anticipate that the
proposed rule changes will impact the
program’s subsidy model. For loans to
businesses with an associate on parole
or probation, SBA believes that
Intermediaries will continue to make
prudent lending decisions regardless of
whether a micro-borrower is a member
of the newly eligible population.
Because SBA does not expect the new
population of borrowers to have a
different repayment rate than the rest of
the borrowers, inclusion of this
population in the model will not impact
subsidy.
Since the subsidy models do not use
as an input the number of microloans
made by Intermediaries to microborrowers, increasing the minimum
number of loans made per year will not
impact subsidy. Finally, SBA believes
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that a change in the interest-bearing
nature of the MRF and LLRF accounts
will not impact subsidy. The MRF and
LLRF are established for each loan made
to an intermediary. MRF consists of loan
proceeds from SBA to the Intermediary.
Microloans to micro-borrowers and
microloan repayments are processed
through this account. A Loan Loss
Reserve Fund (LLRF) is established and
maintained at 15% of the outstanding
balance of microloans owed to the
Intermediary under the corresponding
loan from SBA. In the event that an
Intermediary defaults on its payments or
goes out of business or ceases to
participate in the Microloan program,
SBA will have right to the proceeds in
the MRF and LLRF up to the amount
due to SBA under the program.
D. Alternatives
SBA received a number of
recommendations and support for the
proposed changes on numerous
occasions from Intermediaries. Such
comments came during conference calls,
training conferences, and in some cases,
letters from Intermediaries. The
Intermediaries that have provided input
to SBA seek more efficient ways to use
limited resources, ensure that resources
are going where most needed, and to
reduce administrative costs. The
proposed regulatory changes will move
the Microloan Program to the next level
of market expansion, cost reduction,
and better utilization of taxpayer
dollars. SBA believes that this rule is
SBA’s best available means for
increasing access to capital for women,
low income individuals, minority
entrepreneurs, and other small
businesses which need small amounts
of financial assistance. SBA also
believes that it will encourage selfemployment as an option for those not
easily employable due to mistakes in
their past.
Executive Order 12988
This action meets applicable
standards set forth in §§ 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden. This action does not have
retroactive or preemptive effect.
Executive Order 13132
SBA has determined that the
proposed rule will not have substantial,
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, for the
purposes of Executive Order 13132,
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SBA has determined that this proposed
rule has no federalism implications
warranting preparation of a federalism
assessment.
Executive Order 13563
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the nation’s
regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. The
executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
this rule in a manner consistent with
these requirements. This rule is also
part of the Agency’s commitment under
the Executive Order to reduce the
number and burden of regulations.
A description of the need for this
regulatory action and benefits and costs
associated with this action is included
above in the Regulatory Impact Analysis
under Executive Order 12866. SBA
discussed implementing these proposed
rule changes with Microloan Program
Intermediary associations and
representatives from Intermediaries
during conference calls. In addition,
these issues were discussed during the
Microloan Training Conference with
Intermediaries in 2012. Most of these
proposed changes were specifically
requested by Intermediaries.
Paperwork Reduction Act, 44 U.S.C.,
Ch. 35
SBA has determined that this
proposed rule would not impose any
new reporting and recordkeeping
requirements under the Paperwork
Reduction Act, 44 U.S.C. Chapter 35.
The Microloan Program Electronic
Reporting System (MPERS) is approved
under OMB Control Number 3245–0352,
ICR Reference Number 201011–3245–
004 and the SBA Lender Microloan
Intermediary and NTAP Reporting
Requirements are approved under OMB
Control Number 3245–0365, ICR
Reference Number 201203–3245–001.
Regulatory Flexibility Act 5 U.S.C.
601–612
The Regulatory Flexibility Act (5
U.S.C. 601–612) (RFA) requires
administrative agencies to consider the
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economic impact of their actions on
small entities, which includes small
businesses, small nonprofit businesses,
and small local governments. The RFA
requires agencies to prepare a regulatory
flexibility analysis, which describes the
economic impact that the rule will have
on small entities, or certify that the rule
will not have a significant economic
impact on a substantial number of small
entities.
SBA has determined that this rule
affects a substantial number of small
entities, but that it will not have
significant impact on those entities. All
of the Intermediaries that participate in
the Microloan program are small
nonprofit or quasi-governmental
entities. Approximately half of the 148
existing Intermediaries will be required
to increase loan production in order to
meet the new minimum loan
requirements. SBA anticipates that
approximately 15 of these
Intermediaries may choose not to
participate in the Microloan Program as
result of the increased lending
requirement. These 15 Intermediaries
made fewer than 4 loans in FY 2012 and
may choose not to increase loan
production to meet the higher
requirements. These entities are making
so few loans, and generating so little
revenue from those loans, that exiting
the program will not cause a significant
economic impact.
SBA estimates that entities leaving the
program will lose approximately
$15,000 in annual revenue associated
with microloans that would have been
made under the SBA Microloan
Program. The $15,000 represents
approximate annual interest and fee
income for 3 microloans of $50,000. An
organization making just three
microloans a year is not sustainable and
must rely on other sources of income to
operate. Additionally, these entities are
already out of compliance with program
requirements and as a result, do not
receive grants through the Microloan
Program.
The graduated introduction of the
minimum loan requirement will allow
Intermediaries additional time to ramp
up loan production. The proposed rule
would require six microloans in 2015,
eight microloans in 2016, and twelve
loans per year in 2017 and thereafter.
This graduated approach allows
Intermediaries to adapt business
practices to meet higher loan
requirements. For example, rural
Intermediaries may seek out new ways
to utilize technology to more efficiently
serve rural areas and therefore, make
more microloans. Additionally, the
graduated approach allows
Intermediaries to anticipate and seek
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out future funding needs to meet
increased microloan requirements.
Finally, SBA will offer a series of
training events for Intermediaries to
share best practices related to building
up an organization’s capacity to make
more microloans.
Accordingly, the Administrator of
SBA hereby certifies that this rule will
not have a significant economic impact
on a substantial number of small
entities. SBA invites comment from
members of the public who believe
there will be a significant impact either
on Microloan Intermediaries, or on
microborrowers that receive funding
from Microloan Intermediaries.
List of Subjects in 13 CFR Part 120
Community development, Equal
employment opportunity, Loan
programs-business, Reporting and
recordkeeping requirements, Small
business.
For the reasons stated in the
preamble, SBA proposes to amend 13
CFR Part 120 as follows:
PART 120—BUSINESS LOANS
1. The authority citation for 13 CFR
Part 120 continues to read as follows:
■
Authority: 15 U.S.C. 634(b)(6), (b)(7),
(b)(14), (h), and note, 636(a), (h) and (m), 650,
687(f), 696(3), and 697(a) and (e); Pub. Law
111–5, 123 Stat. 115, Pub. Law 111–240, 124
Stat. 2504.
2. Amend § 120.701 by revising
paragraph (d) to read as follows:
■
§ 120.701
Definitions.
*
*
*
*
*
(d) Insured depository institution
means any Federally insured bank,
savings association, or credit union.
*
*
*
*
*
■ 3. Amend § 120.707 by revising
paragraph (a) to read as follows:
§ 120.707 What conditions apply to loans
by Intermediaries to Microloan borrowers?
(a) Except as otherwise provided in
this paragraph, an Intermediary may
only make Microloans to small
businesses eligible to receive financial
assistance under this part. A borrower
may also use Microloan proceeds to
establish a nonprofit child care
business. An Intermediary may also
make Microloans to businesses with an
Associate who is currently on probation
or parole, provided, however, that the
Associate is not on probation or parole
for an offense involving fraud or
dishonesty or, in the case of a child care
business, is not on probation or parole
for an offense against children. Proceeds
from Microloans may be used only for
working capital and acquisition of
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materials, supplies, furniture, fixtures,
and equipment. SBA does not review
Microloans for creditworthiness.
*
*
*
*
*
■ 4. Amend § 120.709 by revising the
first sentence to read as follows:
§ 120.709
Fund?
What is the Microloan Revolving
The Microloan Revolving Fund
(‘‘MRF’’) is a Deposit Account into
which an Intermediary must deposit the
proceeds from SBA loans, its
contributions from non-Federal sources,
and payments from its Microloan
borrowers. * * *
*
*
*
*
*
■ 5. Amend § 120.710 by revising
paragraph (a) to read as follows:
§ 120.710
Fund?
What is the Loan Loss Reserve
(a) General. The Loan Loss Reserve
Fund (‘‘LLRF’’) is a Deposit Account
which an Intermediary must establish to
pay any shortage in the MRF caused by
delinquencies or losses on Microloans.
*
*
*
*
*
§ 120.712
[Amended]
6. In § 120.712, remove paragraph (c)
and redesignate paragraphs (d) and (e)
as paragraphs (c) and (d), respectively.
■ 7. Add new § 120.716 to read as
follows:
■
§ 120.716 What is the minimum number of
loans an Intermediary must make each
Federal fiscal year?
(a) Minimum loan requirement.
Intermediaries must close and fund the
required number of microloans per year
(October 1–September 30) as follows:
(1) For fiscal year 2015, six
microloans,
(2) For fiscal year 2016, eight
microloans, and
(3) For fiscal years 2017 and
following, twelve microloans per year.
(b) Failure to meet minimum loan
requirement. Intermediaries that do not
meet the minimum loan requirement are
not eligible to receive new grant
funding.
■ 8. Amend § 120.1425 by revising
paragraph (d)(2) to read as follows:
§ 120.1425 Grounds for enforcement
actions—Intermediaries participating in the
Microloan Program and NTAPs.
*
*
*
*
*
(d) * * *
(2) Failure to close and fund the
required number of microloans per year
under § 120.716.
*
*
*
*
*
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Dated: March 6, 2014.
Marianne O. Markowitz,
Acting Administrator.
[FR Doc. 2014–05549 Filed 3–14–14; 8:45 am]
BILLING CODE 8025–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 120
[Docket No.: FAA–2012–1058; Notice No.
14–02]
RIN 2120–AK09
Drug and Alcohol Testing of Certain
Maintenance Provider Employees
Located Outside of the United States
Federal Aviation
Administration (FAA), DOT.
ACTION: Advance notice of proposed
rulemaking (ANPRM).
AGENCY:
The FAA is considering
amending its drug and alcohol testing
regulations to require drug and alcohol
testing of certain maintenance personnel
outside the United States. Specifically,
the FAA is considering requiring certain
air carriers to ensure that all employees
of certificated repair stations, and
certain other maintenance organizations
that are located outside the United
States, who perform safety-sensitive
maintenance functions on aircraft
operated by that air carrier are subject
to a drug and alcohol testing program
that has been determined acceptable by
the FAA Administrator and is consistent
with the applicable laws of the country
in which the repair station is located.
Safety-sensitive maintenance functions
include aircraft maintenance and
preventive maintenance duties. This
action is necessary to address a statutory
mandate. The FAA has determined that
it needs additional information to
develop a proposed rule and assess its
likely economic impact. This notice
invites comments on a variety of issues
related to proposing drug and alcohol
testing requirements for the relevant
employees of covered maintenance
providers.
SUMMARY:
Send comments on or before
May 16, 2014.
ADDRESSES: Send comments identified
by docket number FAA–2012–1058
using any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30; U.S. Department of
tkelley on DSK3SPTVN1PROD with PROPOSALS
DATES:
VerDate Mar<15>2010
16:33 Mar 14, 2014
Jkt 232001
Transportation (DOT), 1200 New Jersey
Avenue SE., Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations at (202) 493–2251.
Privacy: In accordance with 5 USC
553(c), DOT solicits comments from the
public to better inform its rulemaking
process. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy. https://
DocketsInfo.dot.gov.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For
technical questions concerning this
action, contact Rafael Ramos, Office of
Aerospace Medicine, Drug Abatement
Division, AAM–800, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591;
telephone (202) 267–8442; facsimile
(202) 267–5200; email: drugabatement@
faa.gov.
For legal questions concerning this
action, contact Neal O’Hara, Attorney,
Regulations Division, AGC–240, Federal
Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 20591; telephone (202)
267–5348.
For cost and benefit questions
concerning this action, contact Nicole
Nance, Office of Aviation Policy and
Plans, APO–300, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591;
telephone (202) 267–3311.
SUPPLEMENTARY INFORMATION:
Comments Invited
See the ‘‘Additional Information’’
section for information on how to
comment on this ANPRM and how the
FAA will handle comments received.
The ‘‘Additional Information’’ section
also contains related information about
the docket, privacy, and the handling of
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
14621
proprietary or confidential business
information. In addition, there is
information on obtaining copies of
related rulemaking documents.
Authority for This Rulemaking
The FAA’s authority to issue rules on
aviation safety is found in title 49 of the
United States Code (U.S.C.). Subtitle I,
section 106 describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority. In carrying out part A (Air
Commerce and Safety) of subtitle VII,
the Administrator is directed to act
consistently with obligations of the
United States Government under an
international agreement and to consider
applicable laws and requirements of a
foreign country. See 49 U.S.C.
40105(b)(1)-(2). Additionally, section
308(d)(2) of the FAA Modernization and
Reform Act of 2012 (the Act), 49 U.S.C.
44733 requires that:
Not later than 1 year after the date of
enactment of this section, the [FAA]
Administrator shall promulgate a proposed
rule requiring that all part 145 repair station
employees responsible for safety-sensitive
maintenance functions on part 121 air carrier
aircraft are subject to an alcohol and
controlled substances testing program
determined acceptable by the Administrator
and consistent with the applicable laws of
the country in which the repair station is
located.1
In 49 U.S.C. 44733(d)(2) Congress did
not address employees of maintenance
providers located outside the United
States that are not certificated by the
FAA. However, authorized persons
performing safety-sensitive maintenance
functions on aircraft operated by part
121 air carriers in accordance with 14
CFR 43.17 are substantially similar to
those employees of part 145 repair
stations located outside the United
States for whom the FAA has been
directed to propose drug and alcohol
testing. Because of their substantial
similarity, under the authority of 49
U.S.C. 44701(a)(5), which requires the
Administrator to promote the safe flight
of civil aircraft in air commerce by
prescribing regulations and minimum
standards for practices, methods, and
procedures that the Administrator finds
necessary for safety in air commerce and
national security, we request comment
on the application of these requirements
to this group/category of authorized
persons.
1 Except when quoting the text of section 308 of
the Act, the FAA uses the term ‘‘drug’’ rather than
‘‘controlled substance’’ in this ANPRM, because an
illegal substance in the United States may be legal
to use in the country in which a covered
maintenance provider is located.
E:\FR\FM\17MRP1.SGM
17MRP1
Agencies
[Federal Register Volume 79, Number 51 (Monday, March 17, 2014)]
[Proposed Rules]
[Pages 14617-14621]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05549]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 79, No. 51 / Monday, March 17, 2014 /
Proposed Rules
[[Page 14617]]
SMALL BUSINESS ADMINISTRATION
13 CFR Part 120
[Docket No. SBA-2013-0002]
RIN 3245-AG53
Microloan Program Expanded Eligibility and Other Program Changes
AGENCY: U.S. Small Business Administration (SBA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would amend certain existing regulations
for the Microloan Program. The Microloan Program assists women, low
income, veteran, and minority entrepreneurs, and others capable of
operating a small business that are in need of small amounts of
financial assistance. Specifically, this proposed rule would allow any
Microloan Program Intermediary to make microloans (loans of $50,000 or
less) to businesses with an Associate who is on probation or parole,
except in limited circumstances; it would increase the minimum number
of loans that microloan Intermediaries must make annually; and it would
remove the requirement that the Microloan Revolving Fund (MRF) and the
Loan Loss Reserve Fund (LLRF) be held in interest-bearing Deposit
Accounts. In addition, the proposed rule includes technical amendments
that would conform the regulations to current statutory authority.
DATES: Comments must be received on or before May 16, 2014.
ADDRESSES: You may submit comments, identified by RIN: 3245-AG53,
docket number [SBA-2013-0002] by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Jody Raskind, Chief, Microenterprise Development
Branch, U.S. Small Business Administration, 409 3rd Street SW., 8th
floor, Washington, DC 20416.
Hand Delivery/Courier: Jody Raskind, Chief,
Microenterprise Development Branch, U.S. Small Business Administration,
409 3rd Street SW., 8th floor, Washington, DC 20416.
All comments will be posted on www.regulations.gov. If you wish to
submit confidential business information (CBI) as defined in the User
Notice at www.regulations.gov, please submit the information to Jody
Raskind, Chief, Microenterprise Development Branch, U.S. Small Business
Administration, 409 3rd Street SW., 8th Floor, Washington, DC 20416, or
send an email to jody.raskind@sba.gov. Highlight the information that
you consider to be CBI and explain why you believe SBA should hold this
information as confidential. SBA will review the information and make
the final determination whether it will publish the information.
FOR FURTHER INFORMATION CONTACT: Jody Raskind, Chief, Microenterprise
Development Branch, at (202) 205-7076 or Jody.Raskind@sba.gov.
SUPPLEMENTARY INFORMATION:
I. Background Information
Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) (``Act'')
authorizes SBA's Microloan Program, which assists small businesses that
need small amounts of financial assistance. Under the program, SBA
makes direct loans to Intermediaries, as defined in Sec. 120.701(e),
that use the loan proceeds to make microloans to eligible borrowers.
SBA is also authorized to make grants to Intermediaries to be used for
marketing, management, and technical assistance.
This proposed rule includes several regulatory changes, as well as
technical amendments that conform the regulations to current statutory
authority. SBA is proposing these changes in order to clarify certain
program requirements that have caused confusion and in response to
feedback from existing Intermediaries.
II. Section by Section Analysis
Intermediaries must keep their Microloan Revolving Funds (MRFs) and
Loan Loss Reserve Funds (LLRFs) at insured depository institutions. See
13 CFR 120.701(a), 120.709, and 120.710. SBA proposes to revise the
definition of insured depository institution in Sec. 120.701(d) to
specifically include Federally-insured credit unions. The current
definition specifies only insured banks and savings associations. SBA
is proposing this change to clarify inconsistent interpretations of
this definition through a clear statement that such credit unions are
included.
Section 120.707(a), What conditions apply to loans by
Intermediaries to Microloan borrowers?, sets forth the eligibility
conditions placed on loans between Intermediaries and microloan
borrowers. However, the current language of Sec. 120.707(a) has caused
some confusion among Intermediaries as to which businesses are eligible
for microloans. Currently, Sec. 120.707(a) states that ``An
intermediary may make Microloans to any small business eligible to
receive financial assistance under this part.'' SBA interprets this
language to mean that microloan borrowers must meet the same
eligibility criteria as borrowers under the Agency's 7(a) and 504
business loan programs (except that nonprofit child care businesses are
eligible for microloans). See 13 CFR 120.110. The proposed rule would
revise this language to clarify that microloan borrowers must meet the
same eligibility requirements as borrowers in the 7(a) and 504
programs, except as specifically set forth in Sec. 120.707(a).
This rule would also amend Sec. 120.707(a) to allow Intermediaries
to make loans to businesses with an Associate, as defined in Sec.
120.10, who is currently on probation or parole, except in limited
circumstances. Businesses with an Associate who is incarcerated, on
probation, on parole, or currently under indictment for a felony or a
crime of moral turpitude are ineligible for assistance under the 7(a)
or 504 programs under Sec. 120.110(n); therefore, such businesses are
currently ineligible for assistance under the Microloan Program as
well. SBA is proposing this change as a result of a regulatory review
conducted in connection with SBA's participation on the Federal
Interagency Reentry Council (Reentry Council), https://www.nationalreentryresourcecenter.org/reentry-council. The Reentry
Council is an interagency task force led by the Department of Justice
which seeks to explore ways in which agencies can reduce the Federal
barriers to successful reentry of formerly incarcerated individuals in
order to assist them in becoming productive citizens. Formerly
incarcerated individuals who maintain
[[Page 14618]]
steady employment are less likely to return to jail; however, many
formerly incarcerated individuals have difficulty finding steady
employment. The Microloan Program offers an opportunity for such
individuals who meet the Intermediaries' lending criteria to receive
financing and technical assistance to start their own businesses. Under
the amended rule, businesses with an Associate on probation or parole
for an offense involving fraud or dishonesty would be ineligible, as
would child care businesses with an Associate on probation or parole
for an offense against children. Also, under the proposed rule,
individuals who are currently incarcerated or under indictment would
remain ineligible for microloans.
In Sec. 120.709, What is the Microloan Revolving Fund?, and Sec.
120.710(a), What is the Loan Loss Reserve Fund?, SBA proposes to remove
the requirement that Deposit Accounts, as defined in Sec. 120.701(a),
be interest-bearing. SBA is proposing this change after receiving
information from several Intermediaries that interest-bearing accounts
are not readily available or require Intermediaries to pay a fee. This
proposed rule eliminates the requirement that the Deposit Accounts be
interest-bearing and, as a result, would reduce the burden and costs
faced by microloan Intermediaries.
In Sec. 120.712, How does an Intermediary get a grant to assist
Microloan borrowers?, SBA proposes to remove paragraph (c) to conform
to current statutory authority. Section 120.712(c) states that
Intermediaries that make at least 50 percent of their loans to small
businesses located in or owned by residents of Economically Distressed
Areas are not subject to the 25 percent grant contribution requirement.
This Intermediary contribution waiver authority was removed from the
statute in 2010. See 15 U.S.C. 636(m)(4), as amended by Public Law 111-
240. Paragraphs (d) and (e) would be redesignated as paragraphs (c) and
(d).
SBA proposes to add a new Sec. 120.716, What is the minimum number
of loans an Intermediary must make each Federal fiscal year?, which
would contain the minimum loan requirement for Intermediaries. The
minimum loan requirement is currently contained in Sec.
120.1425(d)(2), Grounds for enforcement actions--Intermediaries
participating in the Microloan Program and NTAPs, which is located in
Subpart I, ``Risk-Based Lender Oversight'' (including oversight of
Intermediaries). SBA is proposing to move the minimum loan requirement
to Subpart G, which contains the other regulations specific to the
Microloan Program. The new Sec. 120.716 would also specifically state
that Intermediaries that do not meet the minimum loan requirement are
not eligible to receive new grant funding. This is consistent with
SBA's current policy and practice. SBA determines whether an
Intermediary is eligible for grant funding based on the number of
microloans made in the previous Federal fiscal year. An Intermediary
that is ineligible for a grant due to failure to make the minimum
number of microloans in the previous Federal fiscal year may become
eligible for grant funding the following year by meeting the minimum
number of loans for the current year. Section 120.1425(d)(2) would be
revised to include a cross reference to the new Sec. 120.716.
Proposed Sec. 120.716 would also increase the minimum number of
microloans that Intermediaries must close and fund each year.
Currently, Intermediaries must close and fund (i.e., make an initial
disbursement on) at least four loans each Federal fiscal year. Under
the proposed rule, the minimum number of microloans will gradually
increase to twelve per year. In FY2015, the minimum loan requirement
will be six microloans. In FY2016, the requirement will increase to
eight microloans. In FY2017 and thereafter, the requirement will
increase to a minimum of twelve microloans each year.
SBA proposes to increase the minimum loan requirement for several
reasons. First, many existing Intermediaries have repeatedly requested
an increase in the requirement so that more grant funding is available
for those Intermediaries that generate higher numbers of loans. Second,
increasing the minimum number of loans will expand access to capital by
increasing the total number of microloans made each year by
Intermediaries. Finally, SBA believes that a minimum requirement of
twelve loans, which represents approximately one microloan per month,
is a reasonable standard that active lenders should be able to meet.
Increasing the minimum loan requirement will require Intermediaries
that currently make less than the minimum number of microloans per year
to increase their lending. SBA proposes a graduated increase in the
minimum loan requirement to allow Intermediaries sufficient time to
build scale to meet the higher requirements.
SBA invites comments on all aspects of the proposed rule and, in
particular, whether the proposed minimum loan requirements are
achievable without sacrificing prudent lending standards. SBA would
also like comments regarding the limitation on making of microloans to
businesses with an Associate who is on probation or parole for certain
offenses, and on how Intermediaries would comply with this requirement.
Compliance With Executive Orders 12866, 12988, 13132, and 13563, 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 has determined that this
proposed rule is a ``significant'' regulatory action for the purposes
of Executive Order 12866. Accordingly, the next section contains SBA's
Regulatory Impact Analysis. However, this is not a major rule under the
Congressional Review Act, 5 U.S.C. 800.
A. Regulatory Objective of the Proposal
The proposed rule would allow any Microloan Program Intermediary to
make microloans (loans of $50,000 or less) to businesses with an
Associate who is on probation or parole; it increases the minimum
number of loans that microloan Intermediaries must make annually; and
it removes the requirement that the Microloan Revolving Fund (MRF) and
the Loan Loss Reserve Fund (LLRF) be held in interest-bearing Deposit
Accounts. In addition, the proposed rule includes technical amendments
that conform the regulations to current statutory authority.
B. Benefits of the Rule
The small business borrowers that receive loans from Microloan
Program Intermediaries directly benefit from the Microloan Program. The
most significant benefit to small business borrowers as a result of
this proposed rule is increased access to capital. This proposed rule
would allow Microloan Program Intermediaries to make loans to
businesses with an Associate who is on probation or parole, except in
limited circumstances. This change would meet the unmet financing and
employment opportunity needs of this segment of the population.
Additionally, this proposed rule would require Intermediaries to
meet a higher standard in terms of minimum loan production. Once fully
implemented, this new standard will represent an increase of
approximately 400 microloans per year. During FY 2012, 77
Intermediaries (approximately half of Intermediaries) made fewer than
12 microloans. As proposed,
[[Page 14619]]
Intermediaries would be required to increase the number of microloans
made each year in order to receive grant funding, which is used to
provide technical assistance to borrowers and prospective borrowers. As
a result, this proposed rule change would also increase the number of
microborrowers receiving training with limited technical assistance
resources. Finally, the rule change would encourage the expansion of
Intermediaries into new lending territories to broaden the base of
customers from which borrowers can be drawn. This expansion represents
geographic growth in availability of capital for small business
borrowers.
The final element of the proposed rule change, the removal of the
interest-bearing requirement on deposit accounts, will ultimately mean
more financing capital and technical assistance training for small
business borrowers. Banks often charge monthly fees for use of
interest-bearing deposit accounts. By allowing microloan Intermediaries
to use non-interest bearing accounts, the Intermediaries will have
additional resources to use toward providing loans or technical
assistance.
C. Costs of the Rule
The proposed rule changes would impact the approximately 77
Intermediaries making fewer than twelve microloans per year. However,
the graduated introduction of the higher minimum loan requirement will
lessen the cost faced by the Intermediaries by allowing additional time
to ramp up loan production. Because the financing capital is provided
by SBA, the only cost to the Intermediaries will be the operating
expenses associated with the increased number of loans that are not
covered by the interest rate spread allowed by the program.
SBA does not anticipate that the proposed rule changes will impact
the program's subsidy model. For loans to businesses with an associate
on parole or probation, SBA believes that Intermediaries will continue
to make prudent lending decisions regardless of whether a micro-
borrower is a member of the newly eligible population. Because SBA does
not expect the new population of borrowers to have a different
repayment rate than the rest of the borrowers, inclusion of this
population in the model will not impact subsidy.
Since the subsidy models do not use as an input the number of
microloans made by Intermediaries to micro-borrowers, increasing the
minimum number of loans made per year will not impact subsidy. Finally,
SBA believes that a change in the interest-bearing nature of the MRF
and LLRF accounts will not impact subsidy. The MRF and LLRF are
established for each loan made to an intermediary. MRF consists of loan
proceeds from SBA to the Intermediary. Microloans to micro-borrowers
and microloan repayments are processed through this account. A Loan
Loss Reserve Fund (LLRF) is established and maintained at 15% of the
outstanding balance of microloans owed to the Intermediary under the
corresponding loan from SBA. In the event that an Intermediary defaults
on its payments or goes out of business or ceases to participate in the
Microloan program, SBA will have right to the proceeds in the MRF and
LLRF up to the amount due to SBA under the program.
D. Alternatives
SBA received a number of recommendations and support for the
proposed changes on numerous occasions from Intermediaries. Such
comments came during conference calls, training conferences, and in
some cases, letters from Intermediaries. The Intermediaries that have
provided input to SBA seek more efficient ways to use limited
resources, ensure that resources are going where most needed, and to
reduce administrative costs. The proposed regulatory changes will move
the Microloan Program to the next level of market expansion, cost
reduction, and better utilization of taxpayer dollars. SBA believes
that this rule is SBA's best available means for increasing access to
capital for women, low income individuals, minority entrepreneurs, and
other small businesses which need small amounts of financial
assistance. SBA also believes that it will encourage self-employment as
an option for those not easily employable due to mistakes in their
past.
Executive Order 12988
This action meets applicable standards set forth in Sec. Sec. 3(a)
and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden. This action does
not have retroactive or preemptive effect.
Executive Order 13132
SBA has determined that the proposed rule will not have
substantial, direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. Therefore,
for the purposes of Executive Order 13132, SBA has determined that this
proposed rule has no federalism implications warranting preparation of
a federalism assessment.
Executive Order 13563
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements. This rule is also part of the Agency's
commitment under the Executive Order to reduce the number and burden of
regulations.
A description of the need for this regulatory action and benefits
and costs associated with this action is included above in the
Regulatory Impact Analysis under Executive Order 12866. SBA discussed
implementing these proposed rule changes with Microloan Program
Intermediary associations and representatives from Intermediaries
during conference calls. In addition, these issues were discussed
during the Microloan Training Conference with Intermediaries in 2012.
Most of these proposed changes were specifically requested by
Intermediaries.
Paperwork Reduction Act, 44 U.S.C., Ch. 35
SBA has determined that this proposed rule would not impose any new
reporting and recordkeeping requirements under the Paperwork Reduction
Act, 44 U.S.C. Chapter 35. The Microloan Program Electronic Reporting
System (MPERS) is approved under OMB Control Number 3245-0352, ICR
Reference Number 201011-3245-004 and the SBA Lender Microloan
Intermediary and NTAP Reporting Requirements are approved under OMB
Control Number 3245-0365, ICR Reference Number 201203-3245-001.
Regulatory Flexibility Act 5 U.S.C. 601-612
The Regulatory Flexibility Act (5 U.S.C. 601-612) (RFA) requires
administrative agencies to consider the
[[Page 14620]]
economic impact of their actions on small entities, which includes
small businesses, small nonprofit businesses, and small local
governments. The RFA requires agencies to prepare a regulatory
flexibility analysis, which describes the economic impact that the rule
will have on small entities, or certify that the rule will not have a
significant economic impact on a substantial number of small entities.
SBA has determined that this rule affects a substantial number of
small entities, but that it will not have significant impact on those
entities. All of the Intermediaries that participate in the Microloan
program are small nonprofit or quasi-governmental entities.
Approximately half of the 148 existing Intermediaries will be required
to increase loan production in order to meet the new minimum loan
requirements. SBA anticipates that approximately 15 of these
Intermediaries may choose not to participate in the Microloan Program
as result of the increased lending requirement. These 15 Intermediaries
made fewer than 4 loans in FY 2012 and may choose not to increase loan
production to meet the higher requirements. These entities are making
so few loans, and generating so little revenue from those loans, that
exiting the program will not cause a significant economic impact.
SBA estimates that entities leaving the program will lose
approximately $15,000 in annual revenue associated with microloans that
would have been made under the SBA Microloan Program. The $15,000
represents approximate annual interest and fee income for 3 microloans
of $50,000. An organization making just three microloans a year is not
sustainable and must rely on other sources of income to operate.
Additionally, these entities are already out of compliance with program
requirements and as a result, do not receive grants through the
Microloan Program.
The graduated introduction of the minimum loan requirement will
allow Intermediaries additional time to ramp up loan production. The
proposed rule would require six microloans in 2015, eight microloans in
2016, and twelve loans per year in 2017 and thereafter. This graduated
approach allows Intermediaries to adapt business practices to meet
higher loan requirements. For example, rural Intermediaries may seek
out new ways to utilize technology to more efficiently serve rural
areas and therefore, make more microloans. Additionally, the graduated
approach allows Intermediaries to anticipate and seek out future
funding needs to meet increased microloan requirements. Finally, SBA
will offer a series of training events for Intermediaries to share best
practices related to building up an organization's capacity to make
more microloans.
Accordingly, the Administrator of SBA hereby certifies that this
rule will not have a significant economic impact on a substantial
number of small entities. SBA invites comment from members of the
public who believe there will be a significant impact either on
Microloan Intermediaries, or on microborrowers that receive funding
from Microloan Intermediaries.
List of Subjects in 13 CFR Part 120
Community development, Equal employment opportunity, Loan programs-
business, Reporting and recordkeeping requirements, Small business.
For the reasons stated in the preamble, SBA proposes to amend 13
CFR Part 120 as follows:
PART 120--BUSINESS LOANS
0
1. The authority citation for 13 CFR Part 120 continues to read as
follows:
Authority: 15 U.S.C. 634(b)(6), (b)(7), (b)(14), (h), and note,
636(a), (h) and (m), 650, 687(f), 696(3), and 697(a) and (e); Pub.
Law 111-5, 123 Stat. 115, Pub. Law 111-240, 124 Stat. 2504.
0
2. Amend Sec. 120.701 by revising paragraph (d) to read as follows:
Sec. 120.701 Definitions.
* * * * *
(d) Insured depository institution means any Federally insured
bank, savings association, or credit union.
* * * * *
0
3. Amend Sec. 120.707 by revising paragraph (a) to read as follows:
Sec. 120.707 What conditions apply to loans by Intermediaries to
Microloan borrowers?
(a) Except as otherwise provided in this paragraph, an Intermediary
may only make Microloans to small businesses eligible to receive
financial assistance under this part. A borrower may also use Microloan
proceeds to establish a nonprofit child care business. An Intermediary
may also make Microloans to businesses with an Associate who is
currently on probation or parole, provided, however, that the Associate
is not on probation or parole for an offense involving fraud or
dishonesty or, in the case of a child care business, is not on
probation or parole for an offense against children. Proceeds from
Microloans may be used only for working capital and acquisition of
materials, supplies, furniture, fixtures, and equipment. SBA does not
review Microloans for creditworthiness.
* * * * *
0
4. Amend Sec. 120.709 by revising the first sentence to read as
follows:
Sec. 120.709 What is the Microloan Revolving Fund?
The Microloan Revolving Fund (``MRF'') is a Deposit Account into
which an Intermediary must deposit the proceeds from SBA loans, its
contributions from non-Federal sources, and payments from its Microloan
borrowers. * * *
* * * * *
0
5. Amend Sec. 120.710 by revising paragraph (a) to read as follows:
Sec. 120.710 What is the Loan Loss Reserve Fund?
(a) General. The Loan Loss Reserve Fund (``LLRF'') is a Deposit
Account which an Intermediary must establish to pay any shortage in the
MRF caused by delinquencies or losses on Microloans.
* * * * *
Sec. 120.712 [Amended]
0
6. In Sec. 120.712, remove paragraph (c) and redesignate paragraphs
(d) and (e) as paragraphs (c) and (d), respectively.
0
7. Add new Sec. 120.716 to read as follows:
Sec. 120.716 What is the minimum number of loans an Intermediary must
make each Federal fiscal year?
(a) Minimum loan requirement. Intermediaries must close and fund
the required number of microloans per year (October 1-September 30) as
follows:
(1) For fiscal year 2015, six microloans,
(2) For fiscal year 2016, eight microloans, and
(3) For fiscal years 2017 and following, twelve microloans per
year.
(b) Failure to meet minimum loan requirement. Intermediaries that
do not meet the minimum loan requirement are not eligible to receive
new grant funding.
0
8. Amend Sec. 120.1425 by revising paragraph (d)(2) to read as
follows:
Sec. 120.1425 Grounds for enforcement actions--Intermediaries
participating in the Microloan Program and NTAPs.
* * * * *
(d) * * *
(2) Failure to close and fund the required number of microloans per
year under Sec. 120.716.
* * * * *
[[Page 14621]]
Dated: March 6, 2014.
Marianne O. Markowitz,
Acting Administrator.
[FR Doc. 2014-05549 Filed 3-14-14; 8:45 am]
BILLING CODE 8025-01-P