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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Rules and Regulations
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 and 13563 the Congressional Review Act, the Administrative Procedure Act, the Paperwork Reduction Act 44 U.S.C.
Ch. 35, and the Regulatory Flexibility Act 5 U.S.C. 601612

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Executive Orders 12866 and 13563
This interim final rule is economically significant for the purposes of Executive Orders 12866 and 13563. 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 rule is necessary 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 the Office of Management and Budgets Office of Information and Regulatory Affairs OIRA has determined that this is a major rule for purposes of Subtitle E of the Small Business Regulatory Enforcement and Fairness Act of 1996
also known as the Congressional Review Act or CRA 5 U.S.C. 8042 et seq.. Under the CRA, a major rule takes effect 60 days after the rule is published in the Federal Register. 5 U.S.C.
801a3.
Notwithstanding this requirement, 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. 5 U.S.C. 8082.
Pursuant to 8082, SBA for good cause finds that a 60-day delay to provide public notice is impracticable and contrary to the public interest. Likewise, for the same reasons, SBA for good cause finds that there are grounds to waive the 30-day effective date delay under the Administrative Procedure Act. 5 U.S.C. 553d3.
The last day to apply for and receive a PPP loan is March 31, 2021. Given the
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short duration of this program, and the urgent need to issue loans quickly, SBA, in consultation with Treasury, 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 affected by this interim final rule 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 has no preemptive effect but the change to remove the eligibility restriction that prevents businesses with owners who are delinquent on their Federal student loans from obtaining PPP loans is retroactive to March 27, 2020.
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
Paperwork Reduction Act, 44 U.S.C.
Chapter 35
SBA has determined that this rule will require revisions to existing recordkeeping or reporting requirements of the Paycheck Protection Program PPP information collections OMB
Control Numbers 32450407 and 3245
0417. The revisions will affect SBA
Form 2483, Borrower Application Form Revised February 17, 2021, SBA Form 2483SD, Second Draw Borrower Application Form Revised February 17, 2021, SBA Form 2484, Lenders ApplicationPaycheck Protection Program Loan Guaranty Revised January 8, 2021, and SBA Form 2484SD, Lenders ApplicationSecond Draw Loan Guaranty. SBA Forms 2483 and 2483SD were amended to implement to the revisions to the criminal history and delinquent student loan restrictions as set forth in this interim final rule.
SBA Forms 2484 and 2484SD were amended to implement the new loan amount calculation option for Schedule C filers, and the revisions to the criminal history and delinquent student
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loan restrictions as set forth in this interim final rule.
Additionally, to implement the new loan amount calculation option for Schedule C filers, SBA has developed two new forms, SBA Form 2483C, PPP
Borrower Application Form for Schedule C Filers Using Gross Income, and SBA Form 2483SDC, PPP Second Draw Borrower Application Form for Schedule C Filers Using Gross Income, which are required for applicants who are Schedule C filers and choose the gross income loan amount calculation option.
SBA has requested Office of Management and Budget OMB
emergency approval of the revisions to the information collections to give small businesses affected by this interim final rule the maximum amount of time to apply for loans and lenders the maximum amount of time to process applications before the program ends.
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 553b of the Administrative Procedure Act 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.
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. Since this rule is exempt from notice and comment, SBA is not required to conduct a regulatory flexibility analysis.
Authority: 15 U.S.C. 636a36; 15 U.S.C.
636a37; 15 U.S.C. 636m; Coronavirus Aid, Relief, and Economic Security Act, Pub. L.
116136, section 1114 and Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act Pub. L. 116260, section 303.
Tami Perriello, Acting Administrator, Small Business Administration.
FR Doc. 202104795 Filed 3421; 8:45 am BILLING CODE 802603P

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