Data Collection Available for Public Comments

Citation86 FR 35144
Record Number2021-14118
Published date01 July 2021
SectionNotices
CourtSmall Business Administration
Federal Register, Volume 86 Issue 124 (Thursday, July 1, 2021)
[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
                

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