Unknown. Interim final rule

4,705 words·~21 min read·/register/2020/05/26/2020-11292

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2020-05-26.xml --- 85 101 Tuesday, May 26, 2020 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31432-31433 2020-11187 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Micro-Grants for Food Security Program, 31431-31432 2020-11222 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Forest Service Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Proposed Establishment of the Palos Verdes Peninsula Viticultural Area, 31416-31421 2020-10363 Centers Disease Centers for Disease Control and Prevention NOTICES Order Suspending Introduction of Certain Persons from Countries Where a Communicable Disease Exists;

Amendment and Extension, 31503-31509 2020-11179 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31511 2020-11161 Announcement of the Re-Approval of AABB (formerly known as the American Association of Blood Banks) as an Accreditation Organization under the Clinical Laboratory Improvement Amendments, 31509-31511 2020-11235 Medicare and Medicaid Programs: Application from the Joint Commission for Continued CMS-Approval of Its Ambulatory Surgical Center Accreditation Program, 31511-31513 2020-11234 Civil Rights Civil Rights Commission NOTICES Meetings:

Illinois Advisory Committee, 31439 2020-11244 Coast Guard Coast Guard RULES Special Local Regulations and Safety Zones: Recurring Marine Events and Fireworks Displays and Swim Events Held in the Coast Guard Sector Northern New England Captain of the Port Zone, 31363-31372 2020-09284 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Consumer Product Consumer Product Safety Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Standard for the Flammability of Clothing Textiles and Standard for the Flammability of Vinyl Plastic Film, 31476-31477 2020-11226 Standard for the Flammability of Mattresses and Mattress Pads and Standard for the Flammability (Open Flame) of Mattress Sets, 31477-31478 2020-11225 Education Department Education Department RULES Assistance to States for the Education of Children with Disabilities, 31374-31378 2020-09273 Impact Aid Program;

Extension of the Application Amendment Deadline, 31372-31374 2020-10147 NOTICES Applications for New Awards: Magnet Schools Assistance Program; Deadline Extension, 31478-31479 2020-11212 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Industry-Recognized Apprenticeship Program and Performance Reports for Standards Recognition Entities, 31551-31552 2020-11188 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Draft Waste Incidental to Reprocessing Evaluation for Vitrified Low Activity Waste for Onsite Disposal at the Hanford Site, Washington, 31479-31481 2020-11192 Energy Conservation Program:

Decision and Order Granting a Waiver to GD Midea Air Conditioning Equipment Co. LTD. from the Department of Energy Room Air Conditioner Test Procedure, 31481-31488 2020-11214 Meetings: Environmental Management Site-Specific Advisory Board, Oak Ridge, 31479 2020-11189 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Illinois; Redesignation of the Lemont and Pekin Sulfur Dioxide Nonattainment Areas, 31378-31383 2020-09549 National Oil and Hazardous Substances Pollution Contingency Plan;

National Priorities List: Partial Deletion of the Libby Asbestos Superfund Site, 31389-31390 2020-09563 Pesticide Tolerances: Chlormequat Chloride, 31383-31386 2020-10331 Indoxacarb, 31386-31389 2020-10483 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Washington; Infrastructure Requirements for the 2010 Sulfur Dioxide and 2015 Ozone Standards, 31421-31423 2020-10853 National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List:

Deletion of the JASCO Chemical Corp. Superfund Site, 31427-31430 2020-11028 New Source Performance Standards: Delegation of Authority to Oklahoma, 31423-31427 2020-10834 NOTICES Public Water System Supervision Program: Revision for the State of Montana, 31494-31495 2020-11162 Farm Credit Farm Credit Administration NOTICES Privacy Act; Systems of Records, 31495-31499 2020-11198 2020-11199 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: MD Helicopter Inc., Helicopters, 31359-31361 2020-11157 Pilatus Aircraft Ltd.

Airplanes, 31361-31363 2020-11204 Federal Communications Federal Communications Commission RULES Unlicensed Use of the 6 GHz Band, 31390-31414 2020-11236 PROPOSED RULES Establishing a 5G Fund for Rural America, 31616-31661 2020-09620 NOTICES Updated Population Data for 95 License Areas for the Auction of Priority Access Licenses in the 3550-3650 MHz Band: Availability of File with Recalculated Bidding Units and Upfront Payment and Minimum Opening Bid Amounts for Auction 105, 31499-31500 2020-11193 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31500-31503 2020-11223 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consolidated FEMA-National Training and Education Division Level 3 Training Evaluation Forms, 31538-31539 2020-11185 Major Disaster and Related Determinations: Alabama, 31536 2020-11181 American Samoa, 31541 2020-11165 Colorado, 31541-31542 2020-11166 Connecticut, 31542-31543 2020-11164 District of Columbia, 31534 2020-11172 Georgia, 31538 2020-11169 Guam, 31540 2020-11171 Kansas, 31537-31538 2020-11178 Kentucky, 31537 2020-11177 Massachusetts, 31535 2020-11180 Michigan, 31542 2020-11168 Oregon, 31540 2020-11174 Pennsylvania, 31536-31537 2020-11175 Rhode Island, 31535-31536 2020-11167 Major Disaster Declaration:

South Carolina, 31534-31535 2020-11170 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31488-31489, 31491-31493 2020-11240 2020-11241 Application: Otter Tail Power Co., 31493-31494 2020-11239 Combined Filings, 31490-31491 2020-11208 Preliminary Determination of a Qualifying Conduit Hydropower Facility: Kyle Kembel Farm Irrigation Hydropower Project, 31489-31490 2020-11207 Federal Railroad Federal Railroad Administration NOTICES Petition for Waiver of Compliance, 31587 2020-11142 Federal Reserve Federal Reserve System NOTICES Solicitation of Applications:

Membership on the Community Advisory Council; Extension of Application Period, 31503 2020-11186 Federal Transit Federal Transit Administration NOTICES Funding Opportunity: Public Transportation Innovation Program, 31587-31593 2020-11129 Public Transportation on Indian Reservations Program; Tribal Transit Program, 31593-31598 2020-11128 Financial Crimes Financial Crimes Enforcement Network NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Bank Secrecy Act Reports by Financial Institutions of Suspicious Transactions, 31598-31613 2020-11247 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Native Youth Community Adaptation and Leadership Congress, 31543-31544 2020-11190 Food and Drug Food and Drug Administration NOTICES Guidance Documents Related to Coronavirus Disease 2019, 31513-31520 2020-11238 Food and Nutrition Food and Nutrition Service NOTICES Emergency Food Assistance Program:

Availability of Foods for Fiscal Year 2020, 31437-31438 2020-11249 Special Supplemental Nutrition Program for Women, Infants, and Children: 2020/2021 Income Eligibility Guidelines, 31433-31437 2020-11251 Foreign Claims Foreign Claims Settlement Commission NOTICES Meetings; Sunshine Act, 31551 2020-11268 Forest Forest Service NOTICES Meetings: Collaborative Forest Restoration Program, 31438-31439 2020-11141 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Indian Health Service See National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31520-31521 2020-11250 Findings of Research Misconduct, 31521-31522 2020-11158 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection Indian Affairs Indian Affairs Bureau NOTICES Solicitation of Proposals: Living Languages Grant Program, 31544-31548 2020-11201 Indian Health Indian Health Service NOTICES Funding Opportunity: National Indian Health Outreach and Education, 31522-31529 2020-11210 Industry Industry and Security Bureau NOTICES Exclusion Process for Steel and Aluminum Import Tariffs and Quotas, 31441-31451 2020-11173 National Security Investigation of Imports of Mobile Cranes, 31439-31441 2020-11144 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31613-31614 2020-11132 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Aluminum Extrusions from the People's Republic of China, 31451-31452 2020-11205 Forged Steel Fluid End Blocks from India, 31452-31454 2020-11229 Forged Steel Fluid End Blocks from Italy, 31460-31462 2020-11230 Forged Steel Fluid End Blocks from the Federal Republic of Germany, 31454-31457 2020-11206 Forged Steel Fluid End Blocks from the People's Republic of China, 31457-31459 2020-11231 Determinations in the Less-Than-Fair-Value Investigations:

Wood Mouldings and Millwork Products from Brazil and the People's Republic of China, 31459-31460 2020-11209 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Filament Light-Emitting Diodes and Products Containing Same, 31550-31551 2020-11245 Certain Human Milk Oligosaccharides and Methods of Producing the Same, 31549 2020-11176 Light-Walled Rectangular Pipe and Tube from China, Korea, Mexico, and Turkey, 31550 2020-11156 Justice Department Justice Department See Foreign Claims Settlement Commission Labor Department Labor Department See Employment and Training Administration National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 31530 2020-11146 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 31530-31531 2020-11151 National Institute of Diabetes and Digestive and Kidney Diseases, 31531 2020-11152 National Institute on Aging, 31529-31532 2020-11147 2020-11148 2020-11149 National Institute on Arthritis and Musculoskeletal and Skin Diseases, 31531 2020-11150 National Institute on Minority Health and Health Disparities, 31530 2020-11153 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species:

Atlantic Bluefin Tuna Fisheries, 31414-31415 2020-11246 NOTICES Meetings: Western Pacific Fishery Management Council, 31473-31474 2020-11254 Takes of Marine Mammals Incidental to Specified Activities: U.S. Marine Corps Training Exercises at Cherry Point Range Complex, NC, 31462-31473 2020-11224 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 31548-31549 2020-11200 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Establishment of Atomic Safety and Licensing Board:

Southern Nuclear Operating Co.; Vogtle Electric Generating Plant, Unit 3, 31552-31553 2020-11140 Exemption; Issuance: Energy Harbor Nuclear Corp. Energy Harbor Nuclear Generation LLC Beaver Valley Power Station, Unit Nos. 1 and 2, 31553-31555 2020-11221 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Trademark Trial and Appeal Board Actions, 31474-31476 2020-11248 Peace Peace Corps NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31555-31556 2020-11267 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS COVID-19 Response and Economic Recovery Facilitation in Utah; Continued Federal Support for Governors' Use of National Guard (Memorandum of May 20, 2020), 31663-31666 2020-11427 Securities Securities and Exchange Commission NOTICES Application: Sutter Rock Capital Corp., 31575-31578 2020-11139 Intention to Cancel Registration Pursuant to Section 203(h) of the Investment Advisers Act, 31559-31560 2020-11253 Meetings;

Sunshine Act, 31564 2020-11290 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BYX Exchange, Inc., 31556-31559 2020-11133 ICE Clear Europe Ltd., 31564-31575 2020-11137 2020-11138 NYSE Arca, Inc., 31560-31564 2020-11135 NYSE Chicago, Inc., 31578-31582 2020-11134 NYSE National, Inc., 31582-31586 2020-11136 Small Business Small Business Administration RULES Business Loan Program Temporary Changes: Paycheck Protection Program—Second Extension of Limited Safe Harbor with Respect to Certification Concerning Need for Paycheck Protection Program Loan and Lender Reporting, 31357-31359 2020-11292 State Department State Department NOTICES Meetings:

U.S. Advisory Commission on Public Diplomacy, 31586-31587 2020-11211 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Financial Crimes Enforcement Network See Internal Revenue Service Customs U.S. Customs and Border Protection NOTICES Commercial Gaugers and Laboratories; Accreditation and Approvals:

Intertek USA, Inc. (St. Croix, USVI), 31533 2020-11197 King Laboratories Inc. (Tampa, FL), 31532-31533 2020-11195 Commercial Gaugers; Approval: Intertek USA, Inc. (Kapolei, HI), 31533-31534 2020-11194 Petrospect, Inc. (Honolulu, HI), 31532 2020-11196 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Service Level Measurement—PREVENTS Survey, 31614 2020-11184 Separate Parts In This Issue Part II Federal Communications Commission, 31616-31661 2020-09620 Part III Presidential Documents, 31663-31666 2020-11427 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 85 101 Tuesday, May 26, 2020 Rules and Regulations SMALL BUSINESS ADMINISTRATION 13 CFR Part 120 [Docket Number SBA-2020-0031] RIN 3245-AH45 Business Loan Program Temporary Changes; Paycheck Protection Program—Second Extension of Limited Safe Harbor With Respect to Certification Concerning Need for PPP Loan and Lender Reporting AGENCY:

U.S. Small Business Administration. ACTION: Interim final rule. SUMMARY: On May 8, 2020, the U.S. Small Business Administration

(SBA)posted an interim final rule relating to the extension of a safe harbor with respect to a certification required by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act or the Act) in connection with the implementation of a temporary new program, titled the “Paycheck Protection Program.” This interim final rule revises the interim final rule posted on May 8, 2020, and published in the **Federal Register** on May 19, 2020, by extending the date by which certain Paycheck Protection Program

(PPP)borrowers may repay their loans from May 14, 2020 to May 18, 2020, in order to avail themselves of a safe harbor with respect to the certification required by the Act, and by extending the timeframe for submission of the initial SBA Form 1502 report for PPP loans. This interim final rule supplements SBA's implementation of the Act and requests public comment. DATES: *Effective date:* This rule is effective May 26, 2020. *Comment date:* Comments must be received on or before June 25, 2020. ADDRESSES: You may submit comments, identified by number SBA-2020-0031 through the Federal eRulemaking Portal: *http://www.regulations.gov.* Follow the instructions for submitting comments. SBA will post all comments on *www.regulations.gov.* If you wish to submit confidential business information

(CBI)as defined in the User Notice at *www.regulations.gov,* please send an email to *ppp-ifr@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: A Call Center Representative at 833-572-0502, or the local SBA Field Office; the list of offices can be found at *https://www.sba.gov/tools/local-assistance/districtoffices.* SUPPLEMENTARY INFORMATION: I. Background Information On March 13, 2020, President Trump declared the ongoing Coronavirus Disease 2019 (COVID-19) pandemic of sufficient severity and magnitude to warrant an emergency declaration for all States, territories, and the District of Columbia. With the COVID-19 emergency, many small businesses nationwide are experiencing economic hardship as a direct result of the Federal, State, tribal, and local public health measures that are being taken to minimize the public's exposure to the virus. These measures, some of which are government-mandated, are being implemented nationwide and include the closures of restaurants, bars, and gyms. In addition, based on the advice of public health officials, other measures, such as keeping a safe distance from others or even stay-at-home orders, are being implemented, resulting in a dramatic decrease in economic activity as the public avoids malls, retail stores, and other businesses. On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act or the Act) (Pub. L. 116-136) to provide emergency assistance and health care response for individuals, families, and businesses affected by the coronavirus pandemic. The Small Business Administration

(SBA)received funding and authority through the Act to modify existing loan programs and establish a new loan program to assist small businesses nationwide adversely impacted by the COVID-19 emergency. Section 1102 of the Act temporarily permits SBA to guarantee 100 percent of 7(a) loans under a new program titled the “Paycheck Protection Program.” Section 1106 of the Act provides for forgiveness of up to the full principal amount of qualifying loans guaranteed under the Paycheck Protection Program. On April 24, 2020, the President signed the Paycheck Protection Program and Health Care Enhancement Act (Pub. L. 116-139), which provided additional funding and authority for the PPP. II. Comments and Immediate Effective Date This interim final rule is effective without advance notice and public comment because section 1114 of the Act authorizes SBA to issue regulations to implement Title I of the Act without regard to notice requirements. In addition, SBA has determined that there is good cause for dispensing with advance public notice and comment on the ground that it would be contrary to the public interest. Specifically, SBA, in consultation with the Department of the Treasury, issued additional guidance with regard to the safe harbor posted on SBA's website on May 13, 2020. *See* FAQ 46 (posted May 13, 2020). 1 SBA, in consultation with the Department of the Treasury, determined that extending the safe harbor deadline from May 14, 2020 to May 18, 2020 would afford Paycheck Protection Program borrowers time to review SBA's May 13, 2020 guidance and decide whether to avail themselves of the safe harbor. SBA previously announced this intended extension in nonbinding guidance published on May 13, 2020. *See* FAQ 47 (posted on May 13, 2020). 2 SBA, in consultation with the Department of the Treasury, determined that the immediate effective date of this interim final rule would benefit lenders by allowing them to swiftly close and disburse loans to small businesses and fulfill associated reporting requirements. Advance notice and public comment would defeat the purpose of this interim final rule given the existing May 22, 2020 deadline for lenders to submit the initial SBA Form 1502 report for PPP loans, which this interim final rule extends to the later of

(1)May 29, 2020; or

(2)10 calendar days after disbursement or cancellation of a PPP loan. These same reasons provide good cause for SBA to dispense with the 30-day delayed effective date provided in the Administrative Procedure Act. 1 *https://www.sba.gov/sites/default/files/2020-05/Paycheck-Protection-Program-Frequently-Asked-Questions_05%2013%2020_2.pdf.* 2 *Id.* Although this interim final rule is effective immediately, comments are solicited from interested members of the public on all aspects of the interim final rule, including section III below. These comments must be submitted on or before June 25, 2020. SBA will consider these comments and the need for making any revisions as a result of these comments. III. Paycheck Protection Program Requirements for Second Extension of Limited Safe Harbor With Respect to Certification Concerning Need for PPP Loan Request and Lender Reporting Overview The CARES Act was enacted to provide immediate assistance to individuals, families, and organizations affected by the COVID-19 emergency. Among the provisions contained in the CARES Act are provisions authorizing SBA to temporarily guarantee loans under the Paycheck Protection Program (PPP). Loans under the PPP are 100 percent guaranteed by SBA, and the full principal amount of the loans and any accrued interest may qualify for loan forgiveness. Additional information about the PPP is available in interim final rules published by SBA and the Department of the Treasury in the **Federal Register** (85 FR 20811, 85 FR 20817, 85 FR 21747, 85 FR 23450, 85 FR 23917, 85 FR 26321, 85 FR 26324, 85 FR 27287, 85 FR 29845, 85 FR 29842, 85 FR 29847, and 85 FR 30835) (collectively, the PPP Interim Final Rules). 1. Second Extension of Limited Safe Harbor With Respect to Certification Concerning Need for PPP Loan Request The Act requires each applicant applying for a PPP loan to certify in good faith “that the uncertainty of current economic conditions makes necessary the loan request to support the ongoing obligations” of the applicant. On April 24, 2020, SBA posted on its website an interim final rule (the Fourth PPP Interim Final Rule), which also was published in the **Federal Register** on April 28, 2020 (85 FR 23450), to provide relief to PPP borrowers that applied for and received PPP loans based on a misunderstanding or misapplication of the required good-faith certification standard. The Fourth PPP Interim Final Rule provides that any borrower that applied for a PPP loan and repays the loan in full by May 7, 2020, will be deemed by SBA to have made the required certification in good faith. On May 5, 2020, SBA, in consultation with the Department of the Treasury, issued additional guidance to extend the safe harbor deadline from May 7, 2020 to May 14, 2020. *See* FAQ 43 (posted May 5, 2020) and SBA's interim final rule on Extension of Limited Safe Harbor with Respect to Certification Concerning Need for PPP Loan Request, posted May 8, 2020, and published in the **Federal Register** on May 19, 2020 (85 FR 29845). SBA, in consultation with the Department of the Treasury, issued additional guidance on May 13, 2020 concerning how SBA will review the required good-faith certification to help PPP borrowers evaluate whether they may have misunderstood or misapplied the statutory certification standard. *See* FAQ 46 (posted May 13, 2020). This guidance included an additional safe harbor providing that any PPP borrower, together with its affiliates, that received PPP loans with an original principal amount of less than $2 million will be deemed to have made the required certification concerning the necessity of the loan request in good faith. Based on this guidance, SBA, in consultation with the Department of the Treasury, determined that it is necessary and appropriate to further extend the safe harbor deadline for repaying PPP loans from May 14, 2020 to May 18, 2020. *See* FAQ 47 (posted May 13, 2020). *Second Extension of Limited Safe Harbor with Respect to Good-Faith Certification Concerning Need for PPP Loan Request.* Consistent with section 1102 of the CARES Act, the Borrower Application Form requires PPP applicants to certify in good faith that “[c]urrent economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.” Any borrower that applied for a PPP loan and repays the loan in full by May 18, 2020 will be deemed by SBA to have made the required certification in good faith. The Administrator, in consultation with the Secretary, determined that this safe harbor is necessary and appropriate to ensure that borrowers promptly repay PPP loan funds that the borrower obtained based on a misunderstanding or misapplication of the statutory certification standard. 2. Lender Reporting The extension of the safe harbor and administrative convenience necessitate a corresponding date change to the interim final rule that SBA posted on its website on April 28, 2020, which was published in the **Federal Register** on May 4, 2020 (85 FR 26321), regarding PPP loan disbursements (the May 4 Interim Final Rule), as amended by the interim final rule that SBA posted on its website on May 8, 2020 (the May 8 Interim Final Rule). Specifically, Part III.1.b. of the May 4 Interim Final Rule provided that lenders must electronically upload SBA Form 1502 reporting information within 20 calendar days after a PPP loan is approved or, for loans approved before the availability of the updated SBA Form 1502 reporting process, by May 18, 2020. 85 FR 26321, 26323. The May 8 Interim Final Rule extended the deadline for the submission of the initial SBA Form 1502 reporting information from May 18, 2020 to May 22, 2020 because of the extension of the safe harbor deadline to May 14, 2020. Because of the extension of the safe harbor deadline from May 14, 2020 to May 18, 2020 and to promote the administrability of the PPP, SBA is further extending the timelines for reporting Form 1502 information, such that lenders must electronically upload SBA Form 1502 reporting information by the later of:

(1)May 29, 2020, or

(2)10 calendar days after disbursement or cancellation of a PPP loan. As noted in the May 4 Interim Final Rule, lenders must disburse PPP loans within 10 calendar days of loan approval; a loan is considered approved when the loan is assigned a loan number by the SBA. Loans for which funds have not been disbursed because a borrower has not submitted required loan documentation within 20 calendar days of loan approval shall be cancelled by the lender. These two requirements remain unchanged. The extension of the safe harbor and administrative convenience also require an identical corresponding date change to the interim final rule that SBA posted on May 13, 2020, regarding PPP loan increases. Specifically, that interim final rule states, in Parts III and III.2.b., that SBA Form 1502 reporting information is required to be submitted within 20 calendar days after a PPP loan is approved or, for loans approved before availability of the updated SBA Form 1502 reporting process, by May 22, 2020. As described above, SBA is further extending timelines for reporting Form 1502 information, such that lenders must electronically upload SBA Form 1502 reporting information by the later of:

(1)May 29, 2020, or

(2)10 calendar days after disbursement or cancellation of a PPP loan. The Administrator, in consultation with the Secretary, believes that clarifying timelines for lender reporting will enable lenders to swiftly close and disburse loans and will enhance the administrability of key program components by enabling lenders and SBA to process data regarding loan disbursements and cancelations in a streamlined manner. Additional Information SBA may provide further guidance, if needed, through SBA notices that will be posted on SBA's website at *www.sba.gov.* Questions on the Paycheck Protection Program may be directed to the Lender Relations Specialist in the local SBA Field Office. The local SBA Field Office may be found at *https://www.sba.gov/tools/local-assistance/districtoffices.* Compliance With Executive Orders 12866, 12988, 13132, 13563, and 13771, the Paperwork Reduction Act (44 U.S.C. Ch. 35), and the Regulatory Flexibility Act (5 U.S.C. 601-612) Executive Orders 12866, 13563, and 13771 This interim final rule is economically significant for the purposes of Executive Orders 12866 and 13563, and is considered a major rule under the Congressional Review Act. SBA, however, is proceeding under the emergency provision at Executive Order 12866 Section 6(a)(3)(D), and the good cause exemption under 5 U.S.C. 809(2), based on the need to move expeditiously to mitigate the current economic conditions arising from the COVID-19 emergency. This rule's designation under Executive Order 13771 will be informed by public comment. Executive Order 12988 SBA has drafted this rule, to the extent practicable, in accordance with the standards set forth in section 3(a) and 3(b)(2) of Executive Order 12988, to minimize litigation, eliminate ambiguity, and reduce burden. The rule has no preemptive or retroactive effect. Executive Order 13132 SBA has determined that this 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 layers of government. Therefore, SBA has determined that this rule has no federalism implications warranting preparation of a federalism assessment. Paperwork Reduction Act, 44 U.S.C. Chapter 35 SBA has determined that this rule will not impose new or modify existing recordkeeping or reporting requirements under the Paperwork Reduction Act. Regulatory Flexibility Act

(RFA)The Regulatory Flexibility Act

(RFA)generally requires that when an agency issues a proposed rule, or a final rule pursuant to section 553(b) of the APA or another law, the agency must prepare a regulatory flexibility analysis that meets the requirements of the RFA and publish such analysis in the **Federal Register** . 5 U.S.C. 603, 604. Specifically, the RFA normally requires agencies to describe the impact of a rulemaking on small entities by providing a regulatory impact analysis. Such analysis must address the consideration of regulatory options that would lessen the economic effect of the rule on small entities. The RFA defines a “small entity” as

(1)a proprietary firm meeting the size standards of the Small Business Administration (SBA);

(2)a nonprofit organization that is not dominant in its field; or

(3)a small government jurisdiction with a population of less than 50,000. 5 U.S.C. 601(3)-(6). Except for such small government jurisdictions, neither State nor local governments are “small entities.” Similarly, for purposes of the RFA, individual persons are not small entities. The requirement to conduct a regulatory impact analysis does not apply if the head of the agency “certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.” 5 U.S.C. 605(b). The agency must, however, publish the certification in the **Federal Register** at the time of publication of the rule, “along with a statement providing the factual basis for such certification.” If the agency head has not waived the requirements for a regulatory flexibility analysis in accordance with the RFA's waiver provision, and no other RFA exception applies, the agency must prepare the regulatory flexibility analysis and publish it in the **Federal Register** at the time of promulgation or, if the rule is promulgated in response to an emergency that makes timely compliance impracticable, within 180 days of publication of the final rule. 5 U.S.C. 604(a), 608(b). Rules that are exempt from notice and comment are also exempt from the RFA requirements, including conducting a regulatory flexibility analysis, when among other things the agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest. SBA Office of Advocacy guide: How to Comply with the Regulatory Flexibility Act, Ch. 1. p. 9. Accordingly, SBA is not required to conduct a regulatory flexibility analysis. Jovita Carranza, Administrator. [FR Doc. 2020-11292 Filed 5-22-20; 8:45 am]

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