Quiero saber acerca de...

Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations nondiscrimination provisions for sexspecific admissions practices at preschools, non-vocational elementary or secondary schools, and private undergraduate higher education institutions under Title IX of the Education Amendments of 1972 20
U.S.C. 1681 et seq., for sex-specific emergency shelters and coreligionist housing under the Fair Housing Act of 1968 42 U.S.C. 3601 et seq., and for adoption or foster care practices giving child placement preferences to Indian tribes under the Indian Child Welfare Act of 1978 25 U.S.C. 1901 et seq..
In addition, for purposes of the PPP, SBA regulations do not bar a religious nonprofit entity from making decisions with respect to the membership or the employment of individuals of a particular religion to perform work connected with the carrying on by such nonprofit of its activities.
E. Additional Information
khammond on DSKJM1Z7X2PROD with RULES6

All loans guaranteed by the SBA
pursuant to the CARES Act and the Economic Aid Act will be made consistent with constitutional, statutory, and regulatory protections for religious liberty, including the First Amendment to the Constitution, the Religious Freedom Restoration Act, 42 U.S.C.
2000bb1 and bb3, and SBA regulation at 13 CFR 113.31h, which provides that nothing in SBA nondiscrimination regulations shall apply to a religious corporation, association, educational institution or society with respect to the membership or the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its religious activities.
SBA may provide further guidance, if needed, through SBA notices and a program guide which will be posted on SBAs website at www.sba.gov.
Questions on the Paycheck Protection Program 7a Loans 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. 601612
Executive Orders 12866, 13563, and 13771
This interim final rule is economically significant for the purposes of Executive Orders 12866 and 13563, and the Office of Management
VerDate Sep<11>2014

00:10 Jan 14, 2021

Jkt 253001

and Budgets Office of Information and Regulatory Affairs OIRA has determined that this is a major rule under the Congressional Review Act 5
U.S.C. 8042. SBA, however, is proceeding under the emergency provision at Executive Order 12866
section 6a3D based on the need to move expeditiously to mitigate the current economic conditions arising from the COVID19 emergency. This rules designation under Executive Order 13771 will be informed by public comment.
This rule is necessary to implement the Economic Aid Act in order to provide economic relief to small businesses nationwide adversely impacted under the COVID19
Emergency Declaration. We anticipate that this rule will result in substantial benefits to small businesses, their employees, and the communities they serve. However, we lack data to estimate the effects of this rule.
The Administrator of OIRA has determined that this is a major rule for purposes of the Congressional Review Act 5 U.S.C. 801 et seq. CRA. Under section 8013 of the CRA, a major rule takes effect 60 days after the rule is published in the Federal Register.
Notwithstanding this requirement, section 8082 of the CRA allows agencies to dispense with the requirements of section 801 when the agency for good cause finds that such procedure would be impracticable, unnecessary, or contrary to the public interest and the rule shall take effect at such time as the agency promulgating the rule determines. Pursuant to section 8082 of the CRA, SBA finds, for good cause, that a 60-day delay in the effective date is unnecessary and contrary to the public interest.
As discussed elsewhere in this interim final rule, the last day to apply for and receive a PPP loan is March 31, 2021. Given the short duration of this program, and the urgent need to issue loans quickly, the Administrator in consultation with the Secretary has determined that it is impractical and not in the public interest to provide a delayed effective date. An immediate effective date will give small businesses the maximum amount of time to apply for loans and lenders the maximum amount of time to process applications before the program ends.
Executive Order 12988
SBA has drafted this rule, to the extent practicable, in accordance with the standards set forth in section 3a and 3b2 of Executive Order 12988, to minimize litigation, eliminate ambiguity, and reduce burden. The rule
PO 00000

Frm 00021

Fmt 4701

Sfmt 4700

3711

has no preemptive effect but does have some retroactive effect consistent with specific applicability provisions of the Economic Aid Act such provisions are identified in the footnotes.
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 requires revisions to existing recordkeeping or reporting requirements of the Paycheck Protection Program PPP information collection OMB
Control Number 32450407 as a result of amendments made to the PPP by the Economic Aid Act and implemented in this interim final rule. The revisions will affect the PPP Borrower Application Form SBA Form 2483, the PPP Lender Application Form SBA
Form 2484, the Lender Application Form for Federally Insured Depository Institutions, Federally Insured Credit Unions, and Farm Credit System Institutions SBA Form 3506, and the Lender Application Form for Non-Bank and Non-Insured Depository Institution Lenders SBA Form 3507.
SBA Form 2483 has been revised to add housing cooperatives, section 501c6 organizations, destination marketing organizations, and certain news organizations to the categories of eligible entities; to collect the NAICS
code of the applicant; to add additional eligible use of proceeds; and to add or revise the certifications to incorporate the Economic Aid Act amendments.
Changes were made to SBA Form 2484
to conform to the changes made to SBA
Form 2483. SBA Forms 3506 and 3507
were revised to extend the term through March 31, 2021; restate the way interest rate is calculated; and make clarifying changes for consistency with program requirements.
SBA is developing a process to collect the information necessary for eligible borrowers to reapply or request an increase in their PPP loan amount as described in this interim final rule.
SBA has requested emergency approval of the revisions to this PPP
information collection to enable the Agency to resume the reauthorized PPP
as quickly as possible. Without such emergency approval, the authority for
E:FRFM14JAR6.SGM

14JAR6