[Federal Register Volume 60, Number 159 (Thursday, August 17, 1995)]
[Proposed Rules]
[Page 42817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20432]
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SMALL BUSINESS ADMINISTRATION
13 CFR Part 116
Policies of General Application
AGENCY: Small Business Administration.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would raise from $500,000 to $1.5 million
the ceiling for SBA loan assistance that SBA officials with properly
delegated authority may determine on a case-by-case basis is not
subject to the full review and decision-making process to determine
adverse effects or incompatible development on wetlands or in a
floodplain required by Executive Orders 11988 (42 FR 26951) and 11990
(42 FR 26961).
DATES: Comments must be submitted on or before September 18, 1995.
ADDRESSES: Written comments may be sent to Associate Administrator for
Disaster Assistance, Small Business Administration, 409 3rd Street
S.W., Suite 6050, Washington, D.C. 20416.
FOR FURTHER INFORMATION CONTACT: Bernard Kulik, Associate Administrator
for Disaster Assistance. Telephone (202) 205-6734.
SUPPLEMENTARY INFORMATION: Part 116 of chapter 1, 13 CFR contains
policies of general application for specified SBA programs. Subpart D
thereof prescribes the policies and procedures for implementing
Executive Orders 11988 (42 FR 26951) and 11990 (42 FR 26961), which
relate to floodplain management and the protection of wetlands. Section
116.32(a)(6) provides that full implementation of the Executive Orders
may be waived on a case-by-case basis in instances of actions that
typically do not create adverse effects or incompatible development on
wetlands and floodplains. All SBA loan assistance of $500,000 or less
is included among these types of actions. Applicants for these loans
are relieved of the need to supply SBA with the necessary information
and studies for the implementation of the prescribed decision-making
process, reducing the cost and the time required to process such loans.
This $500,000 loan limit reflects the SBA disaster loan ceiling for any
one disaster as it existed prior to April 1, 1993, and the ceiling on
SBA business loan assistance as it existed prior to 1988.
This proposed rule would increase the ceiling for SBA loan
assistance that may be exempt from review from $500,000 to $1.5
million. This higher amount simply reflects the SBA disaster loan
ceiling for any one disaster commencing on or after April 1, 1993
established by P.L. 103-75 (107 Stat. 740), and would also cover the
ceiling on SBA business loan assistance and development company
assistance.
Compliance With Executive Orders 12612, 12866, and 12778, and the
Regulatory Flexibility and Paperwork Reduction Acts
SBA certifies that this rule does not have federalism implications
warranting the preparation of a Federalism Assessment in accordance
with Executive Order 12612.
For purposes of Executive Order 12866, SBA has determined that the
proposed rule would not be a major rule. SBA certifies that the
economic impact on the national economy would not exceed $100 million
and that the proposed rule would not adversely affect in a material way
the economy or the environment.
SBA certifies that this proposed rule would not have a significant
economic impact on a substantial number of small entities for purposes
of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
There are no additional reporting or recordkeeping or other
compliance requirements inherent in this proposed rule which would be
subject to the Paperwork Reduction Act, 44 U.S.C. chapter 35. There are
no Federal rules which duplicate, overlap or conflict with this
proposed rule. There are no alternative means to accomplish the
objectives of this proposed rule.
SBA certifies that this proposed rule is drafted, to the extent
practicable, in accordance with the standards set forth in E.O. 12778.
List of Subjects in 13 CFR Part 116
Flood Insurance, Flood plains, Lead poisoning, Small businesses,
Veterans, Coastal barrier system.
For the reasons set forth above, SBA proposes to amend Part 116 of
Title 13 of the Code of Federal Regulations as follows:
Subpart D--Floodplain Management and Wetlands Protection
1. The authority citation for subpart D continues to read as
follows:
Authority: Small Business Act, Pub. L. 85-536 (15 U.S.C. 631);
Small Business Investment Act of 1958, Pub. L. 85-699 (15 U.S.C.
661); EO 11988, 42 FR 26951 and EO 11990, 42 FR 26961.
Sec. 116.32 [Amended]
2. Section 116.32 (a)(6) is amended by removing ``$500,000 or
less'' and inserting in place thereof ``$1,500,000 or less''.
Philip Lader,
Administrator.
[FR Doc. 95-20432 Filed 8-16-95; 8:45 am]
BILLING CODE 8025-01-P
