Data Collection Available for Public Comments, 35144-35145 [2021-14118]

Agencies

• SMALL BUSINESS ADMINISTRATION

[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Pages 35144-35145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14118]


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SMALL BUSINESS ADMINISTRATION


Data Collection Available for Public Comments

ACTION: 60-Day notice and request for comments.

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SUMMARY: The Small Business Administration (SBA) intends to request 
approval, from the Office of Management and Budget (OMB), for the 
collection of information described below. The Paperwork Reduction Act 
(PRA) requires federal agencies to publish a notice in the Federal 
Register concerning each collection of information before submission to 
OMB and to allow 60 days for public comment in response to the notice. 
This information collection is currently approved under emergency 
procedures, which includes waiver of that notice. This publication 
complies with the PRA requirement to publish the waived notice as a 
prerequisite to requesting standard review and approval from OMB.

DATES: Submit comments on or before August 30, 2021.

ADDRESSES: Send all comments related to this Federal Register Notice 
electronically to [email protected]. with the 
Subject Line: ``SBA Form 3511 Comments.''

FOR FURTHER INFORMATION CONTACT: Mary Frias, Loan Specialist, at 
[email protected]; 202-401-8234, or Curtis B. Rich, Management 
Analyst, 202-205-7030; [email protected].

SUPPLEMENTARY INFORMATION: Section 1102 of the Coronavirus Aid, Relief, 
and Economic Security (CARES) Act, Public Law 116-136, authorizes SBA 
to guarantee loans made by banks or other financial institutions under 
a new temporary 7(a) program titled the ``Paycheck Protection Program'' 
(``PPP'') to small businesses, certain non-profit organizations, 
veterans' organizations, Tribal business concerns, independent 
contractors and self-employed individuals adversely impacted by the 
Coronavirus Disease (COVID-19) Emergency. This authority initially 
expired on August 8, 2020. The Economic Aid to Hard-Hit Small 
Businesses, Nonprofits, and Venues Act (Economic Aid Act), Public Law 
116-260, renewed SBA's authority to make PPP loans until March 31, 
2021, and added authority for Second Draw PPP Loans under Sec.  
7(a)(37) of the Small Business Act. The program authority was further 
extended until June 30, 2021, by the PPP Extension Act of 2021, Public 
Law 117-6.
    When they applied for a PPP loan, Borrowers with affiliates, as 
defined in SBA's regulations at 13 CFR 121.301(f), were required to 
disclose such affiliation and certify that they were eligible to 
receive the loan under the SBA's rules in effect at the time the 
application was submitted. During any review of a PPP loan, SBA will be 
evaluating the borrower's eligibility certification, including its 
compliance with size and affiliation requirements. If SBA determines 
that additional information is necessary to evaluate the borrower's 
eligibility certification, SBA uses this information collection (SBA 
Form 3511, Affiliation Worksheet) to collect that supplemental 
information from the borrower.
    On December 14, 2020, SBA received approval from OMB to collect the 
information using Form 3511. On December 27, 2020, the Economic Aid Act 
was enacted, which among other things, revised certain PPP requirements 
governing borrower eligibility. On March 11, 2021, the American Rescue 
Plan Act (ARPA), Public Law 117-2, was enacted, which among other 
things, also expanded eligibility for First and Second Draw PPP Loans, 
revised the size standard calculation for certain businesses to be on a 
per physical location basis, and added affiliation waivers for certain 
businesses and organizations. As a result, SBA is making the following 
substantive revisions to Form 3511: (a) Adding two additional 
affiliation waivers to the table in Part B, Section I for eligible news 
organizations and internet-only publishing organizations and adding a 
new note to this section stating that the same affiliation waivers 
apply to First Draw and Second Draw PPP Loans; (b) adding language to 
Section II stating that only the employee-based size standard is 
applicable to Second Draw PPP Loans and adding a new note stating the 
applicable size standards for Second Draw PPP Loans; (c) revising the 
note explaining the size standards applicable to First Draw PPP Loans; 
and (d) adding language to notes 9-12, which explain the bases of 
affiliation, to provide guidance to assist nonprofit organizations in 
applying the affiliation rules. Finally, SBA is revising the format of 
the form by changing the footnotes to endnotes to prevent the tables 
from breaking across pages and to improve readability of the form. SBA 
requested emergency approval of these revisions to ensure affected 
borrowers have the information necessary to make informed decisions. 
SBA invites the public to provide comments on this information 
collection by the deadline stated above. Based on comments received, 
the Agency will make further revisions, if necessary. (a) Solicitation 
of Public Comments: SBA is requesting comments on (i) Whether the 
collection of information is necessary for the agency to properly 
perform its functions; (ii) whether the burden estimates are accurate; 
(iii) whether there are ways to minimize the burden, including through 
the use of automated techniques or other forms of information

[[Page 35145]]

technology; and (iv) whether there are ways to enhance the quality, 
utility, and clarity of the information.
    (b) Summary of Proposed Information Collection:
    Title: Affiliation Worksheet.
    Form Number: SBA Form 3511.
    OMB Control Number: 3245-0416.
    Description of respondents: Paycheck Protection Program Borrowers 
and Lenders.
    Estimated number of respondents (Borrowers): 37,500.
    Estimated time per response: 45 minutes.
    Estimated number of respondents (Lenders): 5,000.
    Estimated time per response: 15 minutes.
    Total estimated annual responses: 42,500.
    Total Estimated Annual Hour Burden: 37,500 hours.

Curtis Rich,
Management Analyst.
[FR Doc. 2021-14118 Filed 6-30-21; 8:45 am]
BILLING CODE 8026-03-P