Reporting and Recordkeeping Requirements Under OMB Review, 46987-46989 [2018-20180]
Download as PDF
Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices
similar products as their counterparts
on other exchanges, while at the same
time allowing the Exchange to continue
to compete for order flow with other
exchanges in option issues.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were neither
solicited nor received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 15 and Rule
19b–4(f)(6) thereunder.16 Because the
proposed rule change does not: (i)
Significantly affect the protection of
investors or the public interest; (ii)
impose any significant burden on
competition; and (iii) become operative
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act and Rule 19b–4(f)(6)(iii)
thereunder.17
A proposed rule change filed under
Rule 19b–4(f)(6) 18 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b4(f)(6)(iii),19 the Commission
may designate a shorter time if such
action is consistent with the protection
of investors and the public interest. The
Exchange has asked the Commission to
waive the 30-day operative delay so that
the proposal may become operative
immediately upon filing. The
Commission notes that the Exchange’s
proposal would conform the Exchange’s
rules to the amended OLPP, which the
Commission previously approved.20
Accordingly, the Commission believes
that the proposal raises no new or novel
regulatory issues and waiver of the 30day operative delay is consistent with
the protection of investors and the
public interest. The Commission
15 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
17 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
give the Commission written notice of its intent to
file the proposed rule change, along with a brief
description and text of the proposed rule change,
at least five business days prior to the date of filing
of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange
has satisfied this requirement.
18 17 CFR 240.19b–4(f)(6).
19 17 CFR 240.19b–4(f)(6)(iii).
20 See OLPP Notice, supra note 3.
daltland on DSKBBV9HB2PROD with NOTICES
16 17
VerDate Sep<11>2014
17:47 Sep 14, 2018
Jkt 244001
therefore waives the 30-day operative
delay and designates the proposed rule
change to be operative upon filing.21
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
under Section 19(b)(2)(B) 22 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
PEARL–2018–18 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–PEARL–2018–18. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for website viewing and
21 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
22 15 U.S.C. 78s(b)(2)(B).
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
46987
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–PEARL–2018–18 and
should be submitted on or before
October 9, 2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.23
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–20191 Filed 9–14–18; 8:45 am]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
Reporting and Recordkeeping
Requirements Under OMB Review
Small Business Administration.
30-Day notice.
AGENCY:
ACTION:
The Small Business
Administration (SBA) is publishing this
notice to comply with requirements of
the Paperwork Reduction Act (PRA),
which requires agencies to submit
proposed reporting and recordkeeping
requirements to OMB for review and
approval, and to publish a notice in the
Federal Register notifying the public of
that submission.
DATES: Submit comments on or before
October 17, 2018.
ADDRESSES: Comments should refer to
the information collection by name and/
or OMB Control Number and should be
sent to: Agency Clearance Officer, Curtis
Rich, Small Business Administration,
409 3rd Street SW, 5th Floor,
Washington, DC 20416; and SBA Desk
Officer, Office of Information and
Regulatory Affairs, Office of
Management and Budget, New
Executive Office Building, Washington,
DC 20503.
FOR FURTHER INFORMATION CONTACT:
Curtis Rich, Agency Clearance Officer,
(202) 205–7030 curtis.rich@sba.gov.
Copies: A copy of the Form OMB 83–
1, supporting statement, and other
documents submitted to OMB for
SUMMARY:
23 17
E:\FR\FM\17SEN1.SGM
CFR 200.30–3(a)(12).
17SEN1
46988
Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices
review may be obtained from the
Agency Clearance Officer.
SUPPLEMENTARY INFORMATION: SBA’s
Office of Credit Risk Management
(OCRM) is responsible for the oversight
and supervision of the SBA operations
of approximately 4000 7(a) Lenders,
Certified Development Companies
(‘‘CDCs’’), and Microloan Intermediaries
(‘‘Intermediaries’’), that participate in
SBA’s business loan programs and, for
enforcement of the applicable rules and
regulations. Currently, the agency
guarantees more than $90 billion dollars
in small business loans through these
programs. The information collection
described in detail below helps OCRM
protect the safety and soundness of the
business loan programs and taxpayer
dollars.
In general, SBA collects information
in connection with PARRiS 1 reviews for
7(a) Federally-regulated Lenders,
SMART 2 reviews for CDCs, and PARRiS
Safety and Soundness Examinations for
SBA Supervised Lenders including
Small Business Lending Companies
(SBLCs) and Non-Federally Regulated
Lenders (NFRLs).3 SBA also requests
certain information when it conducts
Delegated Authority Reviews of 7(a)
Lenders and CDCs, and Microloan
Intermediary Site Visits. The discussion
below identifies the nature of the
information to be collected for each type
of lender and the related review or
examination. In addition, SBA has
created separate lists, which are also
discussed below, to clearly identify the
information to be collected.
I. 7(a) Lender and CDC PARRIS and
SMART Analytical and Full Reviews
and Safety and Soundness Exams
A. Common Information Collected
daltland on DSKBBV9HB2PROD with NOTICES
For all Analytical Reviews, Full
Reviews, and Safety and Soundness
examinations 4 of 7(a) lenders and CDCs,
as applicable, in general, SBA requests
information related to the lender’s or
CDC’s management and operation,
1 PARRiS refers to the specific risk components
reviewed for 7(a) Lenders: (i) Portfolio Performance;
(ii) Asset Management; (iii) Regulatory Compliance;
(iv) Risk Management; and (v) Special Items.
2 SMART refers to the specific risk components
reviewed for Certified Development Companies: (i)
Solvency and Financial Condition; (ii) Management
and Board Governance; (iii) Asset Quality and
Servicing; (iv) Regulatory Compliance; and (v)
Technical Issues and Mission.
3 SBLCs and NFRLs are defined in 15 U.S.C.
632(r) and 13 CFR 120.10.
4 Safety and Soundness Examinations are only
performed on SBA Supervised Lenders in the 7(a)
program. SBA Supervised Lenders include SBA
licensed Small Business Lending Companies and
Non-Federally Regulated Lenders as defined in 13
CFR 120.10. Analytical Reviews and Full Reviews
are performed on 7(a) Lenders and CDCs.
VerDate Sep<11>2014
17:47 Sep 14, 2018
Jkt 244001
eligibility of its SBA loans for SBA
guaranty, compliance with SBA Loan
Program Requirements, credit
administration, and performance of its
SBA loan portfolio.
1. Management and Operations: The
information requested generally
includes the SBA program organization
chart with responsibilities, business
plan, financial and program audits,
evidence of lender compliance with
regulatory orders and agreements (if
applicable and as appropriate), and staff
training on SBA lending.
2. Eligibility and Credit
Administration: In reviewing these
areas, SBA primarily requests lender’s
or CDC’s policies, loan sample files;
independent loan reviews; loan credit
scoring and risk rating methodologies;
and information on loans approved as
exceptions to policy.
3. Compliance with Loan Program
Requirements: Here, SBA collects
information on services and fees
charged for Third-party vendors,5
lender’s FTA6 trust account, and
lender’s use of the System of Awards
Management to perform agent due
diligence.
4. Portfolio Performance: In
considering lender or CDC portfolio
performance, SBA requests that lenders
provide a listing of loans indicating
those past due, those with servicing
actions, individual risk ratings, and
those in liquidation or purchased for
SBA to compare with SBA data. SBA
also requests that lenders provide an
explanation for risks identified (e.g.,
identified by high risk metrics or
PARRiS flags triggered).
Further detail on the information SBA
collects in Analytical and Full Reviews
and Safety and Soundness Exams is
contained in the SBA Supervised
Lender Safety and Soundness
Examination/Full Review Information
Request; 7(a) Lender PARRiS Analytical
Review Information Request; CDC
SMART Analytical Review Information
Request; 7(a) Lender PARRiS Full
Review Information Request; and, CDC
SMART Full Review Information
Request. Each Information Request
document is available upon request.
5 For purposes of this notice, Third-party vendors
include, for example, Loan Agents (e.g., Packagers
and Lender Service Providers) and Professional
Managers with management contracts.
6 FTA refers to SBA’s Fiscal and Transfer Agent.
7(a) Lenders that sell SBA loans in the Secondary
Market are required by the terms of the Form 1086,
Secondary Participation Guaranty Agreement, to
deposit the guaranteed portion of loan payments in
a segregated account for the benefit of investors.
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
B. SBA Supervised Lender
Supplemental Information for Safety
and Soundness Exams
SBA is the primary federal regulator
for SBA licensed SBLCs and NFRLs that
participate in the 7(a) program.7
Because SBA is the primary federal
regulator, SBA performs comprehensive
exams that require information in
addition to that referenced in Section
I.A. Specifically, for SBA Supervised
Lender examinations, SBA additionally
requests corporate governance
documents and information on the
lender’s financial condition, internal
controls and risk mitigation. SBA also
requests information on higher risk
loans, payments related to loans in loan
sample, fidelity insurance, credit
scoring model validation and lender
self-testing for compliance with SBA
Loan Program Requirements. SBA
Supervised Lender safety and
soundness examinations include review
of capital, earnings, and liquidity in
accordance with 13 CFR 120.1050(b)
and accordingly, SBA requests
information on the lender’s financing,
asset account calculations, and dividend
policy. Further detail on the information
that SBA requests for SBA Supervised
Lender examinations is contained in
SBA Supervised Lender Safety and
Soundness Examination/Full Review
Information Request. This document is
available upon request.
C. CDC Supplemental Information
SBA is also the primary federal
regulator for CDCs. SBA guarantees
100% of 504 program debentures.
Therefore, SBA also requests additional
information to prudently oversee CDCs,
as it does for SBA Supervised Lenders.
The additional information generally
requested includes corporate
governance documents and information
on lender’s financial condition, internal
controls and risk mitigation practices,
and the CDC’s plan for investment in
other local economic development. In
addition, SBA requests, as applicable,
information on a CDC’s Premier
Certified Lenders Program (PCLP) Loan
Loss Reserve Account and loans that a
CDC packages for other 7(a) lenders.
You may request a copy of the CDC
SMART Analytical Review Information
Request and CDC SMART Full Review
7 SBA Supervised Lenders are a relatively small
subset of 7(a) Lenders. 7(a) Lenders include SBA
Supervised Lenders and Federally Regulated 7(a)
Lenders (i.e., those lenders regulated by the federal
bank regulators—Federal Deposit Insurance
Corporation, the Office of the Comptroller of the
Currency, the Federal Reserve Board, the National
Credit Union Administration, and the Farm Credit
Administration).
E:\FR\FM\17SEN1.SGM
17SEN1
daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices
46989
Information Request for more details on
this supplemental information request.
document, a copy of which is available
upon request.
there are ways to enhance the quality,
utility, and clarity of the information.
I. 7(a) Lender and CDC Delegated
Authority Reviews
SBA collects information for
Delegated Authority Reviews
performed, in general, every two years
for lenders applying or reapplying to
SBA’s Delegated Authority Programs
(e.g., Preferred Lender Program for 7(a)
Lenders and Accredited Lender Program
or PCLP for CDCs).8 If a lender is
scheduled to receive an Analytical or
Full Review or a Safety and Soundness
Examination during the same review
cycle as a Delegated Authority Review,
generally SBA will coordinate the
timing of the reviews and the related
information collections to lessen the
burden.
For 7(a) delegated authority reviews,
SBA requests information on
organizational changes, staff training
and experience, lender explanation for
risk indicators triggered, lender risk
mitigation efforts, lender’s financial
condition, lender’s deficiencies
underlying regulatory orders (if
applicable and as appropriate), and loan
sample files (as requested).
For CDC delegated authority reviews,
SBA requests corporate governance
documents and additional information
on organization/staff, financial
condition, internal controls and risk
mitigation. SBA also requests a CDC’s
policies including its no-adverse-change
determination, loan reviews, and lender
explanation for its higher risk metrics.
For more detail on Delegated
Authority Review collections, you may
request a copy of the 7(a) Lender
Nomination for Delegated Authority
Information Request; and, the ALP/
PCLP Renewal Guide and Information
Request.
III. Other Reviews, Corrective Action
Plans, and Increased Supervision for
7(a) Lenders, CDCs, and Intermediaries
Curtis Rich,
Management Analyst.
II. Microloan Intermediary Reviews
For Microloan Program Intermediary
oversight, SBA District Offices perform
an annual site visit for active
Intermediaries. SBA requests
information on SBA program
management and operations including
organizational chart with
responsibilities, business plan, staff
training on SBA lending, and risk
mitigation practices. SBA primarily
reviews the Intermediary’s credit
administration through a loan sample
file request. Specifics on the
information collected are contained in
SBA’s Microloan Intermediary Site
Visit/Review Information Request
8 Through SBA’s Delegated Authority programs,
qualified lenders may process SBA loans with
further autonomy and reduced paperwork than
through regular SBA loan processing.
VerDate Sep<11>2014
17:47 Sep 14, 2018
Jkt 244001
SBA may pose additional information
requests for its Other Reviews,9
generally of higher risk lenders. For
example, for 7(a) lenders under a public
regulatory order or agreement, SBA may
request information relating to the status
of the underlying deficiencies, as
appropriate, or request loan files for
SBA to review to mitigate risk before the
loan can be sold into the secondary
market. SBA may also request corrective
action plans from lenders following
reviews where findings and deficiencies
are identified. Finally, SBA may request
additional information of lenders under
increased supervision. However,
information requests for increased
supervision tend to be lender specific.
In general, for information that has
already been provided by a 7(a) lender,
a CDC, or a Microloan Intermediary but
is unchanged, a lender may certify that
the information was already provided
and is unchanged in lieu of resubmitting
the information. The certification must
also state to whom and on what date the
information was provided to SBA.
Summary of Information Collection
Title: SBA Lender and Microloan
Intermediary Reporting Requirements
OMB Control Number: 3245–0365.
Description of Respondents: SBA 7(A)
Lenders, Certified Development
Companies, and Microloan Intermediary
lenders.
Form Numbers: N/A.
Total Estimated Annual Responses:
1,861.
Total Estimated Annual Hour Burden:
14,573.
Solicitation of Public Comments
Comments may be submitted on (a)
whether the collection of information is
necessary for the agency to properly
perform its functions; (b) whether the
burden estimates are accurate; (c)
whether there are ways to minimize the
burden, including through the use of
automated techniques or other forms of
information technology; and (d) whether
9 Other Reviews may include, for example,
Secondary Market loan reviews, reviews of lender
self-assessments, or Agreed Upon Procedures
Reviews performed by third-party practitioners or
an independent office within the Lender to which
SBA and the Lender agree, that follow a review
protocol as prescribed or approved by SBA.
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
[FR Doc. 2018–20180 Filed 9–14–18; 8:45 am]
BILLING CODE 8025–01–P
DEPARTMENT OF STATE
[Public Notice: 10545]
Notice of Intent To Prepare a
Supplemental Environmental Impact
Statement for the Proposed Keystone
XL Pipeline Mainline Alternative Route
in Nebraska
ACTION:
Notice of intent.
The U.S. Department of State
(Department) issues this Notice of Intent
(NOI) to announce that it will prepare
a Supplemental Environmental Impact
Statement (SEIS)—consistent with the
National Environmental Policy Act
(NEPA) of 1969—to analyze the
potential environmental impacts of the
Keystone XL Mainline Alternative Route
(MAR).
FOR FURTHER INFORMATION CONTACT:
Detailed records on the proposed Project
are available at: https://
keystonepipeline-xl.state.gov.
Marko Velikonja, Keystone XL
Program Manager, Office of
Environmental Quality and
Transboundary Issues, U.S. Department
of State, 2201 C Street NW, Washington
DC 20520. (202) 647–4828,
VelikonjaMG@state.gov.
SUPPLEMENTARY INFORMATION: On
January 26, 2017, TransCanada
Keystone Pipeline, L.P. (TransCanada)
resubmitted its 2012 Presidential permit
application for the border facilities for
the proposed Keystone XL Pipeline. The
Under Secretary of State for Political
Affairs determined that issuance of a
Presidential permit to TransCanada to
construct, connect, operate, and
maintain pipeline facilities at the
northern border of the United States to
transport crude oil from Canada to the
United States would serve the national
interest. Accordingly, on March 23,
2017, the Under Secretary issued a
Presidential permit to TransCanada for
the Keystone XL Pipeline border
facilities. Subsequently, on November
20, 2017, the Nebraska Public Service
Commission approved the Mainline
Alternative Route for that pipeline in
the State of Nebraska. TransCanada’s
application to the Bureau of Land
Management for a right-of-way remains
pending with that agency.
On May 25, 2018, the Department
issued a Notice of Intent to Prepare an
SUMMARY:
E:\FR\FM\17SEN1.SGM
17SEN1
Agencies
[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Notices]
[Pages 46987-46989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20180]
=======================================================================
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
Reporting and Recordkeeping Requirements Under OMB Review
AGENCY: Small Business Administration.
ACTION: 30-Day notice.
-----------------------------------------------------------------------
SUMMARY: The Small Business Administration (SBA) is publishing this
notice to comply with requirements of the Paperwork Reduction Act
(PRA), which requires agencies to submit proposed reporting and
recordkeeping requirements to OMB for review and approval, and to
publish a notice in the Federal Register notifying the public of that
submission.
DATES: Submit comments on or before October 17, 2018.
ADDRESSES: Comments should refer to the information collection by name
and/or OMB Control Number and should be sent to: Agency Clearance
Officer, Curtis Rich, Small Business Administration, 409 3rd Street SW,
5th Floor, Washington, DC 20416; and SBA Desk Officer, Office of
Information and Regulatory Affairs, Office of Management and Budget,
New Executive Office Building, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Curtis Rich, Agency Clearance Officer,
(202) 205-7030 [email protected].
Copies: A copy of the Form OMB 83-1, supporting statement, and
other documents submitted to OMB for
[[Page 46988]]
review may be obtained from the Agency Clearance Officer.
SUPPLEMENTARY INFORMATION: SBA's Office of Credit Risk Management
(OCRM) is responsible for the oversight and supervision of the SBA
operations of approximately 4000 7(a) Lenders, Certified Development
Companies (``CDCs''), and Microloan Intermediaries
(``Intermediaries''), that participate in SBA's business loan programs
and, for enforcement of the applicable rules and regulations.
Currently, the agency guarantees more than $90 billion dollars in small
business loans through these programs. The information collection
described in detail below helps OCRM protect the safety and soundness
of the business loan programs and taxpayer dollars.
In general, SBA collects information in connection with PARRiS \1\
reviews for 7(a) Federally-regulated Lenders, SMART \2\ reviews for
CDCs, and PARRiS Safety and Soundness Examinations for SBA Supervised
Lenders including Small Business Lending Companies (SBLCs) and Non-
Federally Regulated Lenders (NFRLs).\3\ SBA also requests certain
information when it conducts Delegated Authority Reviews of 7(a)
Lenders and CDCs, and Microloan Intermediary Site Visits. The
discussion below identifies the nature of the information to be
collected for each type of lender and the related review or
examination. In addition, SBA has created separate lists, which are
also discussed below, to clearly identify the information to be
collected.
---------------------------------------------------------------------------
\1\ PARRiS refers to the specific risk components reviewed for
7(a) Lenders: (i) Portfolio Performance; (ii) Asset Management;
(iii) Regulatory Compliance; (iv) Risk Management; and (v) Special
Items.
\2\ SMART refers to the specific risk components reviewed for
Certified Development Companies: (i) Solvency and Financial
Condition; (ii) Management and Board Governance; (iii) Asset Quality
and Servicing; (iv) Regulatory Compliance; and (v) Technical Issues
and Mission.
\3\ SBLCs and NFRLs are defined in 15 U.S.C. 632(r) and 13 CFR
120.10.
---------------------------------------------------------------------------
I. 7(a) Lender and CDC PARRIS and SMART Analytical and Full Reviews and
Safety and Soundness Exams
A. Common Information Collected
For all Analytical Reviews, Full Reviews, and Safety and Soundness
examinations \4\ of 7(a) lenders and CDCs, as applicable, in general,
SBA requests information related to the lender's or CDC's management
and operation, eligibility of its SBA loans for SBA guaranty,
compliance with SBA Loan Program Requirements, credit administration,
and performance of its SBA loan portfolio.
---------------------------------------------------------------------------
\4\ Safety and Soundness Examinations are only performed on SBA
Supervised Lenders in the 7(a) program. SBA Supervised Lenders
include SBA licensed Small Business Lending Companies and Non-
Federally Regulated Lenders as defined in 13 CFR 120.10. Analytical
Reviews and Full Reviews are performed on 7(a) Lenders and CDCs.
---------------------------------------------------------------------------
1. Management and Operations: The information requested generally
includes the SBA program organization chart with responsibilities,
business plan, financial and program audits, evidence of lender
compliance with regulatory orders and agreements (if applicable and as
appropriate), and staff training on SBA lending.
2. Eligibility and Credit Administration: In reviewing these areas,
SBA primarily requests lender's or CDC's policies, loan sample files;
independent loan reviews; loan credit scoring and risk rating
methodologies; and information on loans approved as exceptions to
policy.
3. Compliance with Loan Program Requirements: Here, SBA collects
information on services and fees charged for Third-party vendors,\5\
lender's FTA\6\ trust account, and lender's use of the System of Awards
Management to perform agent due diligence.
---------------------------------------------------------------------------
\5\ For purposes of this notice, Third-party vendors include,
for example, Loan Agents (e.g., Packagers and Lender Service
Providers) and Professional Managers with management contracts.
\6\ FTA refers to SBA's Fiscal and Transfer Agent. 7(a) Lenders
that sell SBA loans in the Secondary Market are required by the
terms of the Form 1086, Secondary Participation Guaranty Agreement,
to deposit the guaranteed portion of loan payments in a segregated
account for the benefit of investors.
---------------------------------------------------------------------------
4. Portfolio Performance: In considering lender or CDC portfolio
performance, SBA requests that lenders provide a listing of loans
indicating those past due, those with servicing actions, individual
risk ratings, and those in liquidation or purchased for SBA to compare
with SBA data. SBA also requests that lenders provide an explanation
for risks identified (e.g., identified by high risk metrics or PARRiS
flags triggered).
Further detail on the information SBA collects in Analytical and
Full Reviews and Safety and Soundness Exams is contained in the SBA
Supervised Lender Safety and Soundness Examination/Full Review
Information Request; 7(a) Lender PARRiS Analytical Review Information
Request; CDC SMART Analytical Review Information Request; 7(a) Lender
PARRiS Full Review Information Request; and, CDC SMART Full Review
Information Request. Each Information Request document is available
upon request.
B. SBA Supervised Lender Supplemental Information for Safety and
Soundness Exams
SBA is the primary federal regulator for SBA licensed SBLCs and
NFRLs that participate in the 7(a) program.\7\ Because SBA is the
primary federal regulator, SBA performs comprehensive exams that
require information in addition to that referenced in Section I.A.
Specifically, for SBA Supervised Lender examinations, SBA additionally
requests corporate governance documents and information on the lender's
financial condition, internal controls and risk mitigation. SBA also
requests information on higher risk loans, payments related to loans in
loan sample, fidelity insurance, credit scoring model validation and
lender self-testing for compliance with SBA Loan Program Requirements.
SBA Supervised Lender safety and soundness examinations include review
of capital, earnings, and liquidity in accordance with 13 CFR
120.1050(b) and accordingly, SBA requests information on the lender's
financing, asset account calculations, and dividend policy. Further
detail on the information that SBA requests for SBA Supervised Lender
examinations is contained in SBA Supervised Lender Safety and Soundness
Examination/Full Review Information Request. This document is available
upon request.
---------------------------------------------------------------------------
\7\ SBA Supervised Lenders are a relatively small subset of 7(a)
Lenders. 7(a) Lenders include SBA Supervised Lenders and Federally
Regulated 7(a) Lenders (i.e., those lenders regulated by the federal
bank regulators--Federal Deposit Insurance Corporation, the Office
of the Comptroller of the Currency, the Federal Reserve Board, the
National Credit Union Administration, and the Farm Credit
Administration).
---------------------------------------------------------------------------
C. CDC Supplemental Information
SBA is also the primary federal regulator for CDCs. SBA guarantees
100% of 504 program debentures. Therefore, SBA also requests additional
information to prudently oversee CDCs, as it does for SBA Supervised
Lenders. The additional information generally requested includes
corporate governance documents and information on lender's financial
condition, internal controls and risk mitigation practices, and the
CDC's plan for investment in other local economic development. In
addition, SBA requests, as applicable, information on a CDC's Premier
Certified Lenders Program (PCLP) Loan Loss Reserve Account and loans
that a CDC packages for other 7(a) lenders. You may request a copy of
the CDC SMART Analytical Review Information Request and CDC SMART Full
Review
[[Page 46989]]
Information Request for more details on this supplemental information
request.
I. 7(a) Lender and CDC Delegated Authority Reviews
SBA collects information for Delegated Authority Reviews performed,
in general, every two years for lenders applying or reapplying to SBA's
Delegated Authority Programs (e.g., Preferred Lender Program for 7(a)
Lenders and Accredited Lender Program or PCLP for CDCs).\8\ If a lender
is scheduled to receive an Analytical or Full Review or a Safety and
Soundness Examination during the same review cycle as a Delegated
Authority Review, generally SBA will coordinate the timing of the
reviews and the related information collections to lessen the burden.
---------------------------------------------------------------------------
\8\ Through SBA's Delegated Authority programs, qualified
lenders may process SBA loans with further autonomy and reduced
paperwork than through regular SBA loan processing.
---------------------------------------------------------------------------
For 7(a) delegated authority reviews, SBA requests information on
organizational changes, staff training and experience, lender
explanation for risk indicators triggered, lender risk mitigation
efforts, lender's financial condition, lender's deficiencies underlying
regulatory orders (if applicable and as appropriate), and loan sample
files (as requested).
For CDC delegated authority reviews, SBA requests corporate
governance documents and additional information on organization/staff,
financial condition, internal controls and risk mitigation. SBA also
requests a CDC's policies including its no-adverse-change
determination, loan reviews, and lender explanation for its higher risk
metrics.
For more detail on Delegated Authority Review collections, you may
request a copy of the 7(a) Lender Nomination for Delegated Authority
Information Request; and, the ALP/PCLP Renewal Guide and Information
Request.
II. Microloan Intermediary Reviews
For Microloan Program Intermediary oversight, SBA District Offices
perform an annual site visit for active Intermediaries. SBA requests
information on SBA program management and operations including
organizational chart with responsibilities, business plan, staff
training on SBA lending, and risk mitigation practices. SBA primarily
reviews the Intermediary's credit administration through a loan sample
file request. Specifics on the information collected are contained in
SBA's Microloan Intermediary Site Visit/Review Information Request
document, a copy of which is available upon request.
III. Other Reviews, Corrective Action Plans, and Increased Supervision
for 7(a) Lenders, CDCs, and Intermediaries
SBA may pose additional information requests for its Other
Reviews,\9\ generally of higher risk lenders. For example, for 7(a)
lenders under a public regulatory order or agreement, SBA may request
information relating to the status of the underlying deficiencies, as
appropriate, or request loan files for SBA to review to mitigate risk
before the loan can be sold into the secondary market. SBA may also
request corrective action plans from lenders following reviews where
findings and deficiencies are identified. Finally, SBA may request
additional information of lenders under increased supervision. However,
information requests for increased supervision tend to be lender
specific.
---------------------------------------------------------------------------
\9\ Other Reviews may include, for example, Secondary Market
loan reviews, reviews of lender self-assessments, or Agreed Upon
Procedures Reviews performed by third-party practitioners or an
independent office within the Lender to which SBA and the Lender
agree, that follow a review protocol as prescribed or approved by
SBA.
---------------------------------------------------------------------------
In general, for information that has already been provided by a
7(a) lender, a CDC, or a Microloan Intermediary but is unchanged, a
lender may certify that the information was already provided and is
unchanged in lieu of resubmitting the information. The certification
must also state to whom and on what date the information was provided
to SBA.
Summary of Information Collection
Title: SBA Lender and Microloan Intermediary Reporting Requirements
OMB Control Number: 3245-0365.
Description of Respondents: SBA 7(A) Lenders, Certified Development
Companies, and Microloan Intermediary lenders.
Form Numbers: N/A.
Total Estimated Annual Responses: 1,861.
Total Estimated Annual Hour Burden: 14,573.
Solicitation of Public Comments
Comments may be submitted on (a) whether the collection of
information is necessary for the agency to properly perform its
functions; (b) whether the burden estimates are accurate; (c) whether
there are ways to minimize the burden, including through the use of
automated techniques or other forms of information technology; and (d)
whether there are ways to enhance the quality, utility, and clarity of
the information.
Curtis Rich,
Management Analyst.
[FR Doc. 2018-20180 Filed 9-14-18; 8:45 am]
BILLING CODE 8025-01-P