Regulatory Reform Initiative: Disaster Loan Program, 12862-12864 [2020-03657]
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Federal Register / Vol. 85, No. 44 / Thursday, March 5, 2020 / Rules and Regulations
System. Amendment No. 8 revised the
technical specifications to delete
Technical Specification A5.6 and
revised the maximum pellet diameter in
the technical specifications, Appendix
B, Table B2–3, from 0.325 inches to
0.3255 inches for the CE16H1 hybrid
fuel assembly, which includes
Combustion Engineering 16 x 16 fuel
assemblies.
In the direct final rule, the NRC stated
that if no significant adverse comments
were received, the direct final rule
would become effective on March 24,
2020. The NRC did not receive any
comments on the direct final rule.
Therefore, this direct final rule will
become effective as scheduled.
Dated at Rockville, Maryland, this 14th day
of February 2020.
For the Nuclear Regulatory Commission.
Cindy K. Bladey,
Chief, Regulatory Analysis and Rulemaking
Support Branch, Division of Rulemaking,
Envionmental and Financial Support, Office
of Nuclear Material Safety and Safeguards.
[FR Doc. 2020–03947 Filed 3–4–20; 8:45 am]
BILLING CODE 7590–01–P
SMALL BUSINESS ADMINISTRATION
13 CFR Part 123
I. Background Information
RIN 3245–AH12
Regulatory Reform Initiative: Disaster
Loan Program
U. S. Small Business
Administration.
ACTION: Direct final rule.
AGENCY:
The U.S. Small Business
Administration (SBA) is removing from
the Code of Federal Regulations (CFR)
20 regulations that are no longer
necessary because the programs they
govern are no longer in effect. The rule
will remove all regulations applicable to
two subparts: Pre-Disaster Mitigation
Loans and Economic Injury Disaster
Loans as a Result of the September 11,
2001 Terrorist Attacks. The removal of
these regulations will assist the public
by simplifying SBA’s regulations in the
CFR.
DATES: This rule is effective on June 3,
2020 without further action, unless
significant adverse comment is received
by May 4, 2020. If significant adverse
comment is received, SBA will publish
a timely withdrawal of the rule in the
Federal Register.
ADDRESSES: You may submit comments,
identified by RIN: 3245–AH12 by any of
the following methods:
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SUMMARY:
VerDate Sep<11>2014
15:45 Mar 04, 2020
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail or Hand Delivery/Courier:
Jerome Edwards, Director, Program
Policy and Evaluation, Office of Disaster
Assistance, Small Business
Administration, 409 Third Street SW,
Washington, DC 20416.
SBA will post all comments on https://
www.regulations.gov. If you wish to
submit confidential business
information (CBI), as defined in the User
Notice at https://www.regulations.gov,
please submit the information to Jerome
Edwards, Director, Program Policy and
Evaluation, Office of Disaster
Assistance, Small Business
Administration, 409 Third Street SW,
Washington, DC 20416, or send an email
to jerome.edwards@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 on whether it will
publish the information.
FOR FURTHER INFORMATION CONTACT:
Jerome Edwards, Director, Program
Policy and Evaluation, (202) 205–6734,
jerome.edwards@sba.gov.
SUPPLEMENTARY INFORMATION:
Jkt 250001
A. Pre-Disaster Mitigation Loans, Part
123, Subpart E
Pre-disaster mitigation loans were
authorized by Congress in 1999 to
encourage disaster preparedness rather
than reliance on response and recovery.
The program was authorized for five
fiscal years (2000–2004). During that
time, SBA made four loans under the
program. SBA published regulations
implementing the Pre-Disaster
Mitigation Loan program on October 7,
2002 (67 FR 62337). SBA is now
removing those regulations as the
program is no longer authorized.
B. Economic Injury Disaster Loans as a
Result of the September 11, 2001
Terrorist Attacks, Part 123, Subpart G
In response to the September 11,
2001, terrorist attacks, SBA published
regulations authorizing economic injury
disaster loans outside the declared
disaster areas to small businesses that
suffered economic injury as a direct
result of the attacks or any related
Federal action following the attacks.
The rule, published on October 22, 2001
(66 FR 53331), outlined the eligibility
criteria and loan terms. On June 24,
2002, SBA extended the deadline for
businesses to apply for the loans from
May 22, 2002 to September 30, 2002 (67
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Frm 00004
Fmt 4700
Sfmt 4700
FR 42594). SBA made 4,996 loans under
the program. SBA is now removing
these regulations as they are now
obsolete.
C. Executive Order 13771
On January 30, 2017, President Trump
signed Executive Order 13771, Reducing
Regulation and Controlling Regulatory
Costs, which, among other objectives, is
intended to ensure that an agency’s
regulatory costs are prudently managed
and controlled so as to minimize the
compliance burden imposed on the
public. For every new regulation an
agency proposes to implement, unless
prohibited by law, this Executive order
requires the agency to (i) identify at
least two existing regulations that the
agency can cancel; and (ii) use the cost
savings from the cancelled regulations
to offset the cost of the new regulation.
D. Executive Order 13777
On February 24, 2017, the President
issued Executive Order 13777,
Enforcing the Regulatory Reform
Agenda, which further emphasized the
goal of the Administration to alleviate
the regulatory burdens placed on the
public. Under Executive Order 13777,
agencies must evaluate their existing
regulations to determine which ones
should be repealed, replaced, or
modified. In doing so, agencies should
focus on identifying regulations that,
among other things: Eliminate jobs or
inhibit job creation; are outdated,
unnecessary or ineffective; impose costs
that exceed benefits; create a serious
inconsistency or otherwise interfere
with regulatory reform initiatives and
policies; or are associated with
Executive orders or other Presidential
directives that have been rescinded or
substantially modified. SBA has
engaged in this process and has
identified the regulations in this
rulemaking as appropriate for removal
in accordance with Executive Order
13777.
II. Section by Section Analysis
A. Pre-Disaster Mitigation Loans, Part
123, Subpart E
SBA is removing subpart E from part
123 of SBA’s regulations because the
regulations are no longer necessary. The
regulations at 13 CFR 123.400 through
123.412 describe eligibility
requirements, allowable uses of
proceeds, loan terms, and application
procedures for Pre-Disaster Mitigation
Loans. Specifically, the provisions to be
removed are: (1) § 123.400 What is the
Pre-Disaster Mitigation Loan Program?;
(2) § 123.401 What types of mitigation
measures can your business include in
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Federal Register / Vol. 85, No. 44 / Thursday, March 5, 2020 / Rules and Regulations
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an application for a pre-disaster
mitigation loan?; (3) § 123.402 Can your
business include its relocation as a
mitigation measure in an application for
a pre-disaster mitigation loan?; (4)
§ 123.403 When is your business eligible
to apply for a pre-disaster mitigation
loan?; (5) § 123.404 When is your
business ineligible to apply for a predisaster mitigation loan?; (6) § 123.405
How much can your business borrow
with a pre-disaster mitigation loan?; (7)
§ 123.406 What is the interest rate on a
pre-disaster mitigation loan?; (8)
§ 123.407 When does your business
apply for a pre-disaster mitigation loan
and where does your business get an
application?; (9) § 123.408 How does
your business apply for a pre-disaster
mitigation loan?; (10) § 123.409 Which
pre-disaster mitigation loan requests
will SBA consider for funding?; (11)
§ 123.410 Which loan requests will SBA
fund?; (12) § 123.411 What if SBA
determines that your business loan
request meets the selection criteria of
§ 123.409 but SBA is unable to fund it
because SBA has already allocated all
program funds?; and (13) § 123.412
What happens if SBA declines your
business’ pre-disaster mitigation loan
request?
The statutory authority for PreDisaster Mitigation Loans expired in
2004; therefore, SBA is no longer
making these loans. There are no
outstanding loans.
B. Economic Injury Disaster Loans as a
Result of the September 11, 2001
Terrorist Attacks, Part 123, Subpart G
SBA is also removing subpart G from
part 123 of SBA’s regulations because
the regulations are no longer necessary.
The regulations at 13 CFR 123.600
through 123.606 describe eligibility
requirements, allowable uses of
proceeds, loan terms, and application
procedures for economic injury disaster
loans made under Subpart G.
Specifically, the provisions to be
removed are: (1) § 123.600 Are
economic injury disaster loans under
this subpart limited to the geographic
areas contiguous to the declared disaster
areas?; (2) § 123.601 Is my business
eligible to apply for an economic injury
disaster loan under this subpart?; (3)
§ 123.602 When would my business not
be eligible to apply for an economic
injury disaster loan under this subpart?;
(4) § 123.603 What is the interest rate on
an economic injury disaster loan under
this subpart?; (5) § 123.604 How can my
business spend my economic injury
disaster loan under this subpart?; (6)
§ 123.605 How long do I have to apply
for a loan under this subpart?; and (7)
§ 123.606 May I request an increase in
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15:45 Mar 04, 2020
Jkt 250001
the amount of an economic injury
disaster loan under this subpart?
This loan program was intended to
specifically address the unique injury
caused by the September 11, 2001
terrorist attacks. Since the deadline for
businesses to apply for the loans was
September 30, 2002 (67 FR 42594), SBA
is no longer making these loans.
Therefore, the regulations are no longer
necessary. There are approximately 478
outstanding loans; existing borrowers
can refer to their loan documents for
information on loan terms.
C. Conforming Amendment
SBA is removing regulatory text that
cross-references the regulations being
removed by this rule. Specifically, this
conforming change removes the text in
§ 123.21 that references pre-disaster
mitigation loans.
D. Administrative Procedure Act—
Direct Final Rule
SBA is publishing this rule as a direct
final rule because SBA views this action
as a non-controversial administrative
action that relates solely to expired SBA
programs. This rule will be effective on
the date shown in the DATES section
unless SBA receives any significant
adverse comments on or before the
deadline for comments set forth in the
DATES section. Significant adverse
comments are comments that SBA
determines provide strong justifications
for why the rule should not be adopted
or for changing the rule. If SBA receives
any significant adverse comments, SBA
will publish a document in the Federal
Register withdrawing this rule before
the effective date.
III. Compliance With Executive Orders
12866, 13771, 12988, and 13132, the
Paperwork Reduction Act (44 U.S.C.,
Ch. 35), and the Regulatory Flexibility
Act (5 U.S.C. 601–612)
A. Executive Order 12866
The Office of Management and Budget
(OMB) has determined that this rule
does not constitute a significant
regulatory action for purposes of
Executive Order 12866 and is not a
major rule under the Congressional
Review Act, 5 U.S.C. 801, et seq.
B. Executive Order 13771
This direct final rule is an Executive
Order 13771 deregulatory action with an
annualized net savings of $45,245 and a
net present value of $646,355, both in
2016 dollars. This rule will remove
information, which will save potential
applicants time in reading and inquiring
about these obsolete programs and
reduce confusion around whether
applications are being accepted.
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Fmt 4700
Sfmt 4700
12863
Approximately 109,131 applicants
apply for SBA disaster assistance loans
per year on average, based on data from
2014–2018. These calculations assume
3% of disaster loan applicants read the
regulations per year (or approximately
3,300 applicants) and that the removal
of these obsolete regulations would save
each applicant 30 minutes of time
otherwise spent reviewing or inquiring
about non-existent programs. This time
is valued at $28.80 per hour—the
median wage of a full-time working
adult based on 2018 Bureau of Labor
Statistics (BLS) data, adding 30% more
for benefits. The removal of these
regulations produces a total savings per
year of $47,145 in current dollars.
C. Executive Order 12988
This action meets applicable
standards set forth in Sections 3(a) and
3(b)(2) of Executive Order 12988, Civil
Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden. The action does not have
retroactive or preemptive effect.
D. Executive Order 13132
This rule does not have federalism
implications as defined in Executive
Order 13132. It 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, as specified in the
Executive order. As such it does not
warrant the preparation of a Federalism
Assessment.
E. Paperwork Reduction Act
The SBA has determined that this
final rule does not affect any existing
collection of information.
F. Regulatory Flexibility Act
When an agency issues a rule, the
Regulatory Flexibility Act (RFA)
requires the agency to prepare a final
regulatory flexibility analysis (FRFA),
which describes whether the rule will
have a significant economic impact on
a substantial number of small entities.
However, Section 605 of the RFA allows
an agency to certify a rule, in lieu of
preparing a FRFA, if the rulemaking is
not expected to have a significant
economic impact on a substantial
number of small entities.
This direct final rule is removing
descriptions of obsolete programs in the
current regulations, which will reduce
confusion and the time required to read
and/or inquire about obsolete programs.
Approximately 109,131 applicants
apply for SBA disaster assistance loans
per year, on average based on data from
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12864
Federal Register / Vol. 85, No. 44 / Thursday, March 5, 2020 / Rules and Regulations
2014–2018. The net savings to potential
disaster loan applicants is $47,145 per
year in current dollars, or less than a
dollar per applicant.
Therefore, SBA hereby certifies that
this rule will not have a significant
economic impact on a substantial
number of small entities.
List of Subjects in 13 CFR Part 123
Disaster assistance, Loan programsbusiness, Small businesses, Terrorism.
Accordingly, for the reasons stated in
the preamble, SBA is amending 13 CFR
part 123 as follows:
PART 123—DISASTER LOAN
PROGRAM
1. The authority citation for part 123
is revised to read as follows:
■
Authority: 15 U.S.C. 632, 634(b)(6), 636(b),
636(d), and 657n.
§ 123.21
[Amended]
2. Amend § 123.21 by removing the
last sentence.
■
Subpart E—[Removed and Reserved]
3. Remove and reserve subpart E,
consisting of §§ 123.400 through
123.412.
■
Subpart G—[Removed and Reserved]
4. Remove and reserve subpart G,
consisting of §§ 123.600 through
123.606.
■
Dated: February 11, 2020.
Jovita Carranza,
Administrator.
[FR Doc. 2020–03657 Filed 3–4–20; 8:45 am]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2019–0329; Special
Conditions No. 25–760–SC]
Special Conditions: The Boeing
Company (Boeing) Model 777–9 Series
Airplane; Interior Design To Facilitate
Searches Above Passenger Cabin High
Wall Suites
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions.
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AGENCY:
These special conditions are
issued for The Boeing Company
(Boeing) Model 777–9 series airplane.
This airplane will have novel or
unusual design features when compared
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15:45 Mar 04, 2020
Jkt 250001
Background
On April 24, 2018, Boeing applied for
an amendment to Type Certificate No.
T00001SE to include the new Model
777–9 series airplane. The Boeing
Model 777–9 series airplane, which is a
derivative of the 777–300ER currently
approved under Type Certificate No.
T00001SE, is a twin-engine, transport
category airplane with seating for up to
495 passengers depending upon
airplane configuration, and a maximum
takeoff weight of approximately 775,000
lbs.
Type Certification Basis
BILLING CODE 8025–01–P
SUMMARY:
to the state of technology envisioned in
the airworthiness standards for
transport category airplanes. These
design features are passenger cabins
with high wall suites (HWS). The
applicable airworthiness regulations do
not contain adequate or appropriate
safety standards for this design feature.
These special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
DATES: Effective April 6, 2020.
FOR FURTHER INFORMATION CONTACT:
Shannon Lennon, Airframe and Cabin
Safety Section, AIR–675, Transport
Standards Branch, Policy and
Innovation Division, Aircraft
Certification Service, Federal Aviation
Administration, 2200 South 216th
Street, Des Moines, Washington 98198;
telephone and fax 206–231–3209; email
shannon.lennon@faa.gov.
SUPPLEMENTARY INFORMATION:
Under the provisions of title 14, Code
of Federal Regulations (14 CFR) 21.101,
Boeing must show that the Model 777–
9 series airplane continues to meet the
applicable provisions of part 25,
through amendment 139, and the
regulations listed in Type Certificate No.
T00001SE, or the applicable regulations
in effect on the date of application for
the change, except for earlier
amendments as agreed upon by the
FAA.
If the Administrator finds that the
applicable airworthiness regulations
(e.g., 14 CFR part 25) do not contain
adequate or appropriate safety standards
for the Boeing Model 777–9 series
airplane because of a novel or unusual
design feature, special conditions are
prescribed under the provisions of
§ 21.16.
Special conditions are initially
applicable to the model for which they
are issued. Should the type certificate
for that model be amended later to
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Frm 00006
Fmt 4700
Sfmt 4700
include any other model that
incorporates the same novel or unusual
design feature, these special conditions
would also apply to the other model
under § 21.101.
In addition to the applicable
airworthiness regulations and special
conditions, the Boeing Model 777–9
series airplane must comply with the
fuel vent and exhaust emission
requirements of 14 CFR part 34, and the
noise certification requirements of 14
CFR part 36.
The FAA issues special conditions, as
defined in 14 CFR 11.19, in accordance
with § 11.38, and they become part of
the type certification basis under
§ 21.101.
Novel or Unusual Design Features
The Boeing Model 777–9 series
airplane will incorporate the following
novel or unusual design features:
This airplane will include a passenger
cabin with six HWS arranged in two
rows of three suites each in a 1–1–1
configuration. Each HWS has a door and
walls that extend from the floor to the
ceiling or close to the ceiling. The
characteristics of the HWS design are
novel or unusual in that the suites are
within, but not fully open to the cabin
(such as for conventional mini-suites
with partial height surrounds). They are
not remote from the main cabin, as are
overhead crew rest areas.
Discussion
This Boeing Model 777–9 series
airplane HWS with interfacing ceiling
design is novel or unusual since its
design was not specifically considered
during the development of
§ 25.795(c)(3), which requires that
certain areas of the airplane incorporate
features that deter the concealment, or
promote the discovery, of weapons,
explosives, or other objects. The areas
regulated by that rule are toilets, life
preservers and their storage areas, and
the areas above overhead bins. These
areas are not readily visible, but are
readily accessible. For example, areas
above overhead bins may not be easily
visible when conducting a search due to
light fixtures that could inhibit both the
visual and physical inspection, but
these areas could be accessible places to
hide an explosive device.
The wall-to-ceiling interface
presented in the HWS design in this
application is similar to overhead bin
designs with respect to such challenges
associated with conducting searches.
These special conditions address those
challenges.
However, as opposed to areas above
overhead bins, which often exist in
continuous sections in the passenger
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Agencies
[Federal Register Volume 85, Number 44 (Thursday, March 5, 2020)]
[Rules and Regulations]
[Pages 12862-12864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03657]
=======================================================================
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
13 CFR Part 123
RIN 3245-AH12
Regulatory Reform Initiative: Disaster Loan Program
AGENCY: U. S. Small Business Administration.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Small Business Administration (SBA) is removing from
the Code of Federal Regulations (CFR) 20 regulations that are no longer
necessary because the programs they govern are no longer in effect. The
rule will remove all regulations applicable to two subparts: Pre-
Disaster Mitigation Loans and Economic Injury Disaster Loans as a
Result of the September 11, 2001 Terrorist Attacks. The removal of
these regulations will assist the public by simplifying SBA's
regulations in the CFR.
DATES: This rule is effective on June 3, 2020 without further action,
unless significant adverse comment is received by May 4, 2020. If
significant adverse comment is received, SBA will publish a timely
withdrawal of the rule in the Federal Register.
ADDRESSES: You may submit comments, identified by RIN: 3245-AH12 by any
of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail or Hand Delivery/Courier: Jerome Edwards, Director,
Program Policy and Evaluation, Office of Disaster Assistance, Small
Business Administration, 409 Third Street SW, Washington, DC 20416.
SBA will post all comments on https://www.regulations.gov. If you
wish to submit confidential business information (CBI), as defined in
the User Notice at https://www.regulations.gov, please submit the
information to Jerome Edwards, Director, Program Policy and Evaluation,
Office of Disaster Assistance, Small Business Administration, 409 Third
Street SW, Washington, DC 20416, or send an email to
[email protected]. 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 on whether it will publish the information.
FOR FURTHER INFORMATION CONTACT: Jerome Edwards, Director, Program
Policy and Evaluation, (202) 205-6734, [email protected].
SUPPLEMENTARY INFORMATION:
I. Background Information
A. Pre-Disaster Mitigation Loans, Part 123, Subpart E
Pre-disaster mitigation loans were authorized by Congress in 1999
to encourage disaster preparedness rather than reliance on response and
recovery. The program was authorized for five fiscal years (2000-2004).
During that time, SBA made four loans under the program. SBA published
regulations implementing the Pre-Disaster Mitigation Loan program on
October 7, 2002 (67 FR 62337). SBA is now removing those regulations as
the program is no longer authorized.
B. Economic Injury Disaster Loans as a Result of the September 11, 2001
Terrorist Attacks, Part 123, Subpart G
In response to the September 11, 2001, terrorist attacks, SBA
published regulations authorizing economic injury disaster loans
outside the declared disaster areas to small businesses that suffered
economic injury as a direct result of the attacks or any related
Federal action following the attacks. The rule, published on October
22, 2001 (66 FR 53331), outlined the eligibility criteria and loan
terms. On June 24, 2002, SBA extended the deadline for businesses to
apply for the loans from May 22, 2002 to September 30, 2002 (67 FR
42594). SBA made 4,996 loans under the program. SBA is now removing
these regulations as they are now obsolete.
C. Executive Order 13771
On January 30, 2017, President Trump signed Executive Order 13771,
Reducing Regulation and Controlling Regulatory Costs, which, among
other objectives, is intended to ensure that an agency's regulatory
costs are prudently managed and controlled so as to minimize the
compliance burden imposed on the public. For every new regulation an
agency proposes to implement, unless prohibited by law, this Executive
order requires the agency to (i) identify at least two existing
regulations that the agency can cancel; and (ii) use the cost savings
from the cancelled regulations to offset the cost of the new
regulation.
D. Executive Order 13777
On February 24, 2017, the President issued Executive Order 13777,
Enforcing the Regulatory Reform Agenda, which further emphasized the
goal of the Administration to alleviate the regulatory burdens placed
on the public. Under Executive Order 13777, agencies must evaluate
their existing regulations to determine which ones should be repealed,
replaced, or modified. In doing so, agencies should focus on
identifying regulations that, among other things: Eliminate jobs or
inhibit job creation; are outdated, unnecessary or ineffective; impose
costs that exceed benefits; create a serious inconsistency or otherwise
interfere with regulatory reform initiatives and policies; or are
associated with Executive orders or other Presidential directives that
have been rescinded or substantially modified. SBA has engaged in this
process and has identified the regulations in this rulemaking as
appropriate for removal in accordance with Executive Order 13777.
II. Section by Section Analysis
A. Pre-Disaster Mitigation Loans, Part 123, Subpart E
SBA is removing subpart E from part 123 of SBA's regulations
because the regulations are no longer necessary. The regulations at 13
CFR 123.400 through 123.412 describe eligibility requirements,
allowable uses of proceeds, loan terms, and application procedures for
Pre-Disaster Mitigation Loans. Specifically, the provisions to be
removed are: (1) Sec. 123.400 What is the Pre-Disaster Mitigation Loan
Program?; (2) Sec. 123.401 What types of mitigation measures can your
business include in
[[Page 12863]]
an application for a pre-disaster mitigation loan?; (3) Sec. 123.402
Can your business include its relocation as a mitigation measure in an
application for a pre-disaster mitigation loan?; (4) Sec. 123.403 When
is your business eligible to apply for a pre-disaster mitigation loan?;
(5) Sec. 123.404 When is your business ineligible to apply for a pre-
disaster mitigation loan?; (6) Sec. 123.405 How much can your business
borrow with a pre-disaster mitigation loan?; (7) Sec. 123.406 What is
the interest rate on a pre-disaster mitigation loan?; (8) Sec. 123.407
When does your business apply for a pre-disaster mitigation loan and
where does your business get an application?; (9) Sec. 123.408 How
does your business apply for a pre-disaster mitigation loan?; (10)
Sec. 123.409 Which pre-disaster mitigation loan requests will SBA
consider for funding?; (11) Sec. 123.410 Which loan requests will SBA
fund?; (12) Sec. 123.411 What if SBA determines that your business
loan request meets the selection criteria of Sec. 123.409 but SBA is
unable to fund it because SBA has already allocated all program funds?;
and (13) Sec. 123.412 What happens if SBA declines your business' pre-
disaster mitigation loan request?
The statutory authority for Pre-Disaster Mitigation Loans expired
in 2004; therefore, SBA is no longer making these loans. There are no
outstanding loans.
B. Economic Injury Disaster Loans as a Result of the September 11, 2001
Terrorist Attacks, Part 123, Subpart G
SBA is also removing subpart G from part 123 of SBA's regulations
because the regulations are no longer necessary. The regulations at 13
CFR 123.600 through 123.606 describe eligibility requirements,
allowable uses of proceeds, loan terms, and application procedures for
economic injury disaster loans made under Subpart G. Specifically, the
provisions to be removed are: (1) Sec. 123.600 Are economic injury
disaster loans under this subpart limited to the geographic areas
contiguous to the declared disaster areas?; (2) Sec. 123.601 Is my
business eligible to apply for an economic injury disaster loan under
this subpart?; (3) Sec. 123.602 When would my business not be eligible
to apply for an economic injury disaster loan under this subpart?; (4)
Sec. 123.603 What is the interest rate on an economic injury disaster
loan under this subpart?; (5) Sec. 123.604 How can my business spend
my economic injury disaster loan under this subpart?; (6) Sec. 123.605
How long do I have to apply for a loan under this subpart?; and (7)
Sec. 123.606 May I request an increase in the amount of an economic
injury disaster loan under this subpart?
This loan program was intended to specifically address the unique
injury caused by the September 11, 2001 terrorist attacks. Since the
deadline for businesses to apply for the loans was September 30, 2002
(67 FR 42594), SBA is no longer making these loans. Therefore, the
regulations are no longer necessary. There are approximately 478
outstanding loans; existing borrowers can refer to their loan documents
for information on loan terms.
C. Conforming Amendment
SBA is removing regulatory text that cross-references the
regulations being removed by this rule. Specifically, this conforming
change removes the text in Sec. 123.21 that references pre-disaster
mitigation loans.
D. Administrative Procedure Act--Direct Final Rule
SBA is publishing this rule as a direct final rule because SBA
views this action as a non-controversial administrative action that
relates solely to expired SBA programs. This rule will be effective on
the date shown in the DATES section unless SBA receives any significant
adverse comments on or before the deadline for comments set forth in
the DATES section. Significant adverse comments are comments that SBA
determines provide strong justifications for why the rule should not be
adopted or for changing the rule. If SBA receives any significant
adverse comments, SBA will publish a document in the Federal Register
withdrawing this rule before the effective date.
III. Compliance With Executive Orders 12866, 13771, 12988, and 13132,
the Paperwork Reduction Act (44 U.S.C., Ch. 35), and the Regulatory
Flexibility Act (5 U.S.C. 601-612)
A. Executive Order 12866
The Office of Management and Budget (OMB) has determined that this
rule does not constitute a significant regulatory action for purposes
of Executive Order 12866 and is not a major rule under the
Congressional Review Act, 5 U.S.C. 801, et seq.
B. Executive Order 13771
This direct final rule is an Executive Order 13771 deregulatory
action with an annualized net savings of $45,245 and a net present
value of $646,355, both in 2016 dollars. This rule will remove
information, which will save potential applicants time in reading and
inquiring about these obsolete programs and reduce confusion around
whether applications are being accepted.
Approximately 109,131 applicants apply for SBA disaster assistance
loans per year on average, based on data from 2014-2018. These
calculations assume 3% of disaster loan applicants read the regulations
per year (or approximately 3,300 applicants) and that the removal of
these obsolete regulations would save each applicant 30 minutes of time
otherwise spent reviewing or inquiring about non-existent programs.
This time is valued at $28.80 per hour--the median wage of a full-time
working adult based on 2018 Bureau of Labor Statistics (BLS) data,
adding 30% more for benefits. The removal of these regulations produces
a total savings per year of $47,145 in current dollars.
C. Executive Order 12988
This action meets applicable standards set forth in Sections 3(a)
and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden. The action does not
have retroactive or preemptive effect.
D. Executive Order 13132
This rule does not have federalism implications as defined in
Executive Order 13132. It 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, as specified in the Executive order. As
such it does not warrant the preparation of a Federalism Assessment.
E. Paperwork Reduction Act
The SBA has determined that this final rule does not affect any
existing collection of information.
F. Regulatory Flexibility Act
When an agency issues a rule, the Regulatory Flexibility Act (RFA)
requires the agency to prepare a final regulatory flexibility analysis
(FRFA), which describes whether the rule will have a significant
economic impact on a substantial number of small entities. However,
Section 605 of the RFA allows an agency to certify a rule, in lieu of
preparing a FRFA, if the rulemaking is not expected to have a
significant economic impact on a substantial number of small entities.
This direct final rule is removing descriptions of obsolete
programs in the current regulations, which will reduce confusion and
the time required to read and/or inquire about obsolete programs.
Approximately 109,131 applicants apply for SBA disaster assistance
loans per year, on average based on data from
[[Page 12864]]
2014-2018. The net savings to potential disaster loan applicants is
$47,145 per year in current dollars, or less than a dollar per
applicant.
Therefore, SBA hereby certifies that this rule will not have a
significant economic impact on a substantial number of small entities.
List of Subjects in 13 CFR Part 123
Disaster assistance, Loan programs-business, Small businesses,
Terrorism.
Accordingly, for the reasons stated in the preamble, SBA is
amending 13 CFR part 123 as follows:
PART 123--DISASTER LOAN PROGRAM
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1. The authority citation for part 123 is revised to read as follows:
Authority: 15 U.S.C. 632, 634(b)(6), 636(b), 636(d), and 657n.
Sec. 123.21 [Amended]
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2. Amend Sec. 123.21 by removing the last sentence.
Subpart E--[Removed and Reserved]
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3. Remove and reserve subpart E, consisting of Sec. Sec. 123.400
through 123.412.
Subpart G--[Removed and Reserved]
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4. Remove and reserve subpart G, consisting of Sec. Sec. 123.600
through 123.606.
Dated: February 11, 2020.
Jovita Carranza,
Administrator.
[FR Doc. 2020-03657 Filed 3-4-20; 8:45 am]
BILLING CODE 8025-01-P