Rural Business Investment Company (RBIC) Program
| Published date | 24 March 2020 |
| Citation | 85 FR 16519 |
| Record Number | 2020-05746 |
| Section | Rules and Regulations |
| Court | Rural Business-cooperative Service,Rural Utilities Service |
Federal Register, Volume 85 Issue 57 (Tuesday, March 24, 2020)
[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Rules and Regulations]
[Pages 16519-16523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05746]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 85, No. 57 / Tuesday, March 24, 2020 / Rules
and Regulations
[[Page 16519]]
DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
Rural Utilities Service
7 CFR Part 4290
[Docket No. RBS-12-NONE-0002]
RIN 0570-AB01
Rural Business Investment Company (RBIC) Program
AGENCY: Rural Business-Cooperative Service, Rural Utilities Service,
USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Rural Business-Cooperative Service (RBS) published an
interim rule on December 23, 2011, which made several revisions to the
Rural Business Investment program. Through this action, RBS finalizes
the rule based on public comments, amends its regulations, and
incorporates new program requirements established in the Agriculture
Improvement Act of 2018 Bill for the Rural Business Investment Program.
This action, which affects some of the substantive aspects of the Rural
Business Investment Program, is expected to decrease the time and
workload necessary in carrying out the Rural Business Investment
Program.
DATES: This rule is effective March 24, 2020.
FOR FURTHER INFORMATION CONTACT: Sami Zarour, Director, Specialty
Programs Division, Rural Business-Cooperative Service, U.S. Department
of Agriculture, STOP 3225, 1400 Independence Avenue SW, Washington, DC
20250-3225; email: [email protected]; telephone (202) 720-9549.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This final rule has been determined to be non-significant for
purposes of Executive Order (E.O.) 12866 and therefore has not been
reviewed by the Office of Management and Budget (OMB).
Congressional Rulemaking Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a major rule, as defined by 5 U.S.C. 804(2).
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. The Agency has determined that this rule meets the
applicable standards provided in section 3 of the Executive order. In
addition, all state and local laws and regulations that conflict with
this rule will be preempted. No retroactive effect will be given to
this rule.
Executive Order 12372
These loans are subject to the provisions of Executive Order 12372
that requires intergovernmental consultation with State and local
officials. The Rural Business-Cooperative Service (RBS) conducts
intergovernmental consultation for each RBIC loan in accordance with 2
CFR part 415, subpart C.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.) the undersigned has determined and certified by signature of this
document that this rule, while affecting small entities, will not have
an adverse economic impact on small entities. This rule does not impose
any significant new requirements on program recipients, nor does it
adversely impact proposed real estate transactions involving program
recipients as the buyers.
National Environmental Policy Act/Environmental Impact Statement
This document has been reviewed in accordance with 7 CFR part 1970,
subpart A, ``Environmental Policies.'' It is the determination of the
Agency that this action does not constitute a major Federal action
significantly affecting the quality of the human environment, and, in
accordance with the National Environmental Policy Act of 1969, Public
Law 91-190, neither an Environmental Assessment nor an Environmental
Impact Statement is required.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance number for the program
impacted by this action is 10.860, Rural Business Investment Program.
The Catalog is available on the internet at https://beta.sam.gov. The
Government Publishing Office (GPO) prints and sells the CFDA to
interested buyers. For information about purchasing the Catalog of
Federal Domestic Assistance from GPO, call the Superintendent of
Documents at 202-512-1800 or toll free at 866-512-1800, or access GPO's
online bookstore at http://bookstore.gpo.gov.
Unfunded Mandates
Title II of the Unfunded Mandates Reform Act 1995 (UMRA) of Public
Law 104-4 establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA,
Rural Development generally must prepare a written statement, including
a cost-benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures to State, local, or tribal
governments, in the aggregate, or to the private sector of $100 million
or more in any one year. When such a statement is needed for a rule,
section 205 of UMRA generally requires Rural Development to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, more cost-effective, or least burdensome alternative
that achieves the objectives of the rule.
This rule contains no Federal mandates (under the regulatory
provisions of Title II of the Unfunded Mandates Reform Act of 1995) for
State, local, and tribal governments or the private sector. Thus, this
rule is not subject to the requirements of sections 202 and 205 of the
Unfunded Mandates Reform Act of 1995.
E-Government Act Compliance
Rural Development is committed to complying with the E-Government
Act, to provide increased opportunities for citizens to access
Government information and services electronically to the maximum
extent possible.
Executive Order 13132, Federalism
The policies contained in this rule do not have any substantial
direct effect on
[[Page 16520]]
states, on the relationship between the National Government and the
states, or on the distribution of power and responsibilities among the
various levels of government. Nor does this final rule impose
substantial direct compliance costs on state and local governments.
Therefore, consultation with states is not required.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
This rule has been reviewed in accordance with the requirements of
Executive Order 13175, ``Consultation and Coordination with Indian
Tribal Governments.'' Executive Order 13175 requires Federal agencies
to consult and coordinate with tribes on a government-to-government
basis on policies that have tribal implications, including regulations,
legislative comments or proposed legislation, and other policy
statements or actions that have substantial direct effects on one or
more Indian tribes, on the relationship between the Federal Government
and Indian tribes or on the distribution of power and responsibilities
between the Federal Government and Indian tribes. Rural Development has
assessed the impact of this rule on Indian tribes and determined that
this rule does not, to our knowledge, have tribal implications that
require tribal consultation under E.O. 13175. If a tribe would like to
engage in consultation with Rural Development on this rule, please
contact Rural Development's Native American Coordinator at (720) 544-
2911 or [email protected].
Civil Rights Impact Analysis
Rural Development has reviewed this rule in accordance with USDA
Regulation 4300-4, ``Civil Rights Impact Analysis,'' to identify any
major civil rights impacts the rule might have on program participants
on the basis of age, race, color, national origin, sex or disability.
Based on the review and analysis of the rule and available data, it has
been determined that the program purpose, application submission and
eligibility criteria, issuance of this final rule will neither
adversely nor disproportionately impact low and moderate-income
populations, minority populations, women, Indian tribes or persons with
disability, by virtue of their race, color, national origin, sex, age,
disability, or marital or familial status.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the information collection activities associated with
this rule are covered under OMB Number: 0570-0051. This final rule
contains no new reporting or recordkeeping requirements that would
require approval under the Paperwork Reduction Act of 1995.
Background
I. Rural Business Investment Program
The Rural Business Investment Program (RBIP) promotes economic
development and the creation of wealth and job opportunities among
individuals living in rural areas and to help meet the equity capital
investment needs primarily of smaller enterprises located in such
areas. Under the RBIP, for-profit Rural Business Investment Companies
(RBICs) make venture capital investments in rural areas with the
objectives of fostering economic development in such areas and
returning maximum profits to the RBIC's investors. The regulations set
forth the criteria RBS uses to select and license RBICs, guarantee its
debentures, and to make grants to RBICs.
The Food, Conservation, and Energy Program of 2008 (the 2008 Farm
Bill) was enacted and affected several provisions of the RBIP
regulation. Section 6027 of the 2008 Farm Bill resulted in the need for
several regulatory modifications. The agency published an interim rule
on December 23, 2011 at 76 FR 80217, with an effective date of January
23, 2012.
In addition, the Agency amended the program to allow RBICs to
participate without financial leverage from the Agency. In response to
the Interim rule, the agency received three comments from stakeholders.
On December 21, 2018, the Agriculture Improvement Act of 2018 (the 2018
Farm Bill) was enacted and contained several statutory amendments
affecting the RBIP. Section 6426 of the 2018 Farm Bill resulted in
necessary amendments to 7 CFR part 4290, subpart F.
Lastly, the Agency is taking this opportunity to clarify several of
the provisions of the regulation.
II. Summary of Changes
7 CFR Part 4290
Section 4290.50--Definitions
Rural Business Concern: The current rule defines a Rural Business
Concern as an ``enterprise whose Principal Office is located in a Rural
Area.'' By requiring the Rural Business Concern's principal office to
be located in a rural area, the Agency has determined that this
restriction is hampering the full implementation of the program. The
statute authorizing the program defines a rural business concern, in
part, as one that ``primarily operates in a rural area.'' By focusing
on the location of the principal office, the Agency is unnecessarily
limiting the effectiveness of the program. In addition, per the
authorizing statute, the key aspect, as noted above, is that the rural
business concern ``primarily operates in a rural area. The current
definition misses this key feature. For these reasons, the Agency is
revising the definition of ``rural business concern'' to align with the
statutory definition.
Rural Business Concern Investment: The current rule defines a Rural
Business Concern Investment as being ``located in a Rural Area at the
time of the initial Financing.'' If the initial investment is made in a
concern located in an area not considered Rural with the stipulation
that the Concern will relocate to a Rural Area after initial financing,
the current rules require the RBIC to carry the investment as a non-
rural Investment. By requiring the RBIC to carry an investment as a
non-rural Investment when the concern has relocated to Rural Area puts
an undue burden on the RBIC. The intent of the program is to bring
businesses and job opportunities to Rural Areas. So, if the investment
was implemented to help facilitate the relocation of the business to a
Rural Area, the RBIC should be able to reclassify the initial
investment as a ``Rural Business Concern Investment.''
In addition, the definitions are being revised to be
consistent with the 2018 Farm Bill and to remove various other
definitions that are no longer needed. These include: Revising Urban
Area Investment, Developmental Venture Capital, Rural Business Concern,
and Rural Business Concern Investment; adding Agency; and deleting
Principal Office, Secretary, Small Business Concern, Small Business
Concern Investment.
Section 4290.210--Minimum Capital Requirements for RBICs
The current regulation requires an RBIC to raise the amount of
funds it has identified in its application by the end of the second
year from when it receives its ``green light'' letter. However, the
current regulation does not adequately address situations in which the
RBIC may raise and close on capital in increments before the end of
second year. Such multiple closing is not uncommon when for competing
private equity funds. To better align the program with the realities of
raising private equity funds, the Agency is adding a new paragraph to
this section (see Sec. 4290.210(d)) that specifically allows for
multiple closings.
[[Page 16521]]
Section 4290.330--Grant Issuance Fee
In order to implement language from the 2018 Farm Bill, the Agency
is removing the $500 cap on guarantee fees the Secretary may charge and
revising the paragraph. Any fee charged will be published in the
Federal Register and published on the Rural Development website.
Section 4280.700--Requirements Concerning Types of Enterprises To
Receive Financing
The Agency is revising the requirements found in this section in
three ways, as described below.
1. The current regulation identifies minimum levels of financing
that must be received by rural business concerns, smaller enterprises,
and small business concerns and a maximum level of financing that can
go to urban area investments. The authorizing statute contains
requirements for the minimum percentage of financings that must be
received by rural business concerns and that maximum percentage that
can be received in urban areas; it does not specifically identify
similar requirements for either smaller enterprises or small business
concern investments.
The Agency is keeping the financial requirements for smaller
enterprise investments because of the emphasis in the statue. The
Agency is, however, dropping the financing percentage requirements for
small business concern investments (i.e., removing Sec. 4290.700(c)
from the regulation). This simplifies the implementation of the program
and helps reduce potential overlap with programs administered by the
Small Business Administration.
2. The current regulation requires the percentage requirements to
be met on both the percentage of the number of concerns receiving
Financing within the RBIC's portfolio and the percentage of dollars the
RBIC provides to the concerns in its portfolio. Requiring both
percentages to be met unnecessarily complicates the program. Therefore,
the Agency is revising the percentage requirements to be applied to the
amount of dollars the RBIC spends on concerns in the three remaining
areas (i.e., rural business concerns, smaller businesses, and urban
areas).
3. The current regulation requires RBICs to comply with the
Financing percentages starting the first year after issuance of the
certificate. This is unnecessarily restrictive and does not allow an
RBIC sufficient time to implement the program. Therefore, the Agency is
revising the regulation to require that the Financing percentages be
met by the third year after the RBIC receives its certificate, and each
subsequent year thereafter.
Removing reference to Small Business Concern/Small
Business Concern Investment in Sec. Sec. 4290.370(h), 4290.610(b), and
4290.760(a). The authorizing statute for RBIC does not require Small
Business Concerns and the agency is removing this reference to allow
for more flexibility for RBICs.
Section 4290.720(g)--Foreign Investment Exceptions
In general, the current regulation prohibits Financings to an
enterprise if the funds will be used substantially for a foreign
operation or more than 49 percent of the employees or tangible assets
of the enterprise are located outside the United States. The current
regulation has one exception--allowing a financing used to acquire
foreign materials and equipment or foreign property rights for use or
sale in the United States.
The Agency has determined that the restriction on financing of
foreign investments is unnecessarily restrictive--it is prohibiting
investments in rural America that will provide more opportunities for
job creation and general economic stimulus. Therefore, the Agency is
adding a second exception that will allow the financing of a subsidiary
of foreign owned entities when that subsidiary is based in the United
States with a minimum of 51 percent U.S. ownership (see Sec.
4290.720(g)(2)(ii)).
Section 4290.720(i)--Entities Ineligible for Farm Credit System
Assistance
This rule will increase the limitation on rural business investment
companies controlled by Farm Credit System institutions from 25% to 50%
before the rural investment company is prohibited from providing equity
investments to companies that are not otherwise eligible to receive
financing from the Farm Credit System.
Section 4290.720(k)--Changes in Ownership of an Enterprise
The current regulation requires an RBIC to obtain Agency approval
whenever there has been a change in ownership. This provision is an
unnecessary burden to RBICs because every financing involving equity
capital triggers a change in ownership. Furthermore, the appropriate
change should be in the change of control (not ownership) in the rural
business concern. Change of control occurs when more than 50 percent of
the concern exchanges hands. The Agency, therefore, is revising this
provision to require Agency approval when there is change of more than
50 percent of control.
Remove the Word ``Secretary'' and Replace With ``Agency.''
The current RBIP rule refers throughout to the ``Secretary'' (that
is, the Secretary of Agriculture) in a number of contexts. A
substantial number of these references involve an action by the
Secretary, such as approvals, delegations, and determinations. The
Administrator, Rural Business-Cooperative Service is delegated
authority through 7 CFR 2.48(a)(2)(xiii) to administer the Rural
Business Investment Program. Therefore, all references to ``Secretary''
are being revised to reflect the delegation to the Rural Business-
Cooperative Service throughout 7 CFR part 4290.
III. Summary of Comments and Responses From Prior Rulemaking
On December 23, 2011, the Rural Business Cooperatives Service (RBS)
published an interim rule in the Federal Register (76 FR 80217) to
conform the Rural Business Investment Program (RBIP) to the 2008 Farm
Bill, to add provisions for Rural Business Investment Companies (RBIC)
that wish to participate in a non-leveraged capacity, and to make
several clarifications to the existing rule for leveraged RBICs. In
addition, this rule amended the categorical exclusions from the
National Environmental Policy Act by adding categorical exclusions for
the RBIP for both leveraged and non-leveraged RBICs.
Three commenters--1 from a sponsoring organization and 2 from
industry associations, provided a total of 29 comments in response to
the interim rule. One comment was supportive of the changes to the
rule. Commenter indicated that the change to the program in general
would help support rural communities and economic development. There
were 4 comments that were neither supportive nor adverse. There were 24
comments that were averse to certain changes in the interim rule, below
are listed the substantive comments.
Comments on rural area: One comment supported the direction that
UDSA set forth in the interim rule and believes that the USDA has
identified an appropriate balance between a regulatory framework that
can improve the long-term viability of a non-leverage RBIC while still
allowing sufficient flexibility, either expressly or by providing the
Secretary with the
[[Page 16522]]
opportunity to exercise discretion to accommodate unique circumstances.
The four indifferent comments included one wanting some
confirmation that Community Reinvestment Act (CRA) Credits will be
available for community banks. One commenter wanted to work with the
program to make it workable with their clients. Two comments wanted the
Agency to provide participation requirements for non-leveraged RBICs
and work with the associations to survey its members.
Response: The Agency acknowledges the supportive and indifferent
comments, and no action is needed for those comments. RBS disagrees
with the following adverse comments.
Non-Supportive Comments: Five comments suggested that the rule
should have been issued as a proposed rule or final rule instead of an
interim rule.
Response: The Administrative Procedures Act (APA) (5 U.S.C.
553(a)(2)) provides that notice and comment is not required with
respect to rules involving listed subject matters areas including
``loans, grants, benefits and contracts.'' At the time the interim rule
was issued, it was the policy of USDA to issue a proposed rule even
though this exemption applied unless the agency found for good cause
that an interim rule instead of a final rule was in the public
interest. On October 28, 2013 (78 FR 64194), USDA published a notice in
the Federal Register revoking this policy of seeking notice and comment
when the provisions of 5 U.S.C. 553(a)(3) were otherwise applicable. As
stated in the preamble of the interim rule, RBS determined that good
cause existed for the issuance of an interim rule; notably, the degree
of similarity between this program and Small Business Administration's
(SBA) Small Business Investment Company (SBIC) and New Market Venture
Capital (NMVC) programs. RBS determined at that time that little was to
be gained from a delay in implementing the program for public comment.
USDA minimized administrative burdens by adopting as much of the SBA's
SBIC and NMVC programs as possible. Accordingly, the interim rule
imposed a minimum number of unfamiliar requirements from the SBIC and
NMVC programs and the rule should be very familiar to applicants
currently participating in either of those programs.
Non-Supportive Comments: One comment suggested that SBA should
administer the program.
Response: The comment is not attributable to the interim rule as it
does not address how the Agency will implement the non-leverage
program. The RBIP program will be administered by the Administrator of
the Rural Business and Cooperative Service.
Non-Supportive Comments: One comment suggested that the rule will
have significant impact on a substantial number of small entities.
Response: The Agency disagrees with the concern that the rule will
have a significant impact on a substantial number of small entities.
The comment is attributed to the preamble section ``Regulatory
Flexibility Act Certification,'' which is intended to address the
regulatory burden a rule imposed on small entities.
Non-Supportive Comments: One comment was concerned about the
definition of rural being subjective and open-ended.
Response: The Agency disagrees that the definition of rural is
subjective and open-ended. The definition of ``Rural in character'' is
statutorily required and will be determined by USDA for this and its
other regulations.
Non-Supportive Comments: Ten comments were concerned about Federal
Credit Administration (FCA) administering the RBIP.
Response: The RBIP program will be administered by the
Administrator of the Rural Business and Cooperative Service.
Non-Supportive Comments: Six comments requested including local and
community banks in the RBIP.
Response: The Agency and the program makes every effort to work
with community and local banks.
IV. Rural Business Investment Program Applications
As provided in 7 CFR 4290.300, a Notice of Solicitation for
Applications (NOSA) will be published separately for each fiscal year,
as necessary, to announce any special limitations and the opening and
closing dates for the application window.
List of Subjects in 7 CFR Part 4290
Community development, Government securities, Grant programs--
business, Securities, Small businesses.
Therefore, chapter XLII, title 7 of the Code of Federal Regulations
is amended as follows:
PART 4290--RURAL BUSINESS INVESTMENT COMPANY (``RBIC'') PROGRAM
0
1. The authority citation for part 4290 continues to read as follows:
Authority: 7 U.S.C. 1989 and 2009cc et seq.
0
2. In part 4290, wherever they may occur:
0
a. Remove the word ``Secretary'' and add in its place ``Agency'';
0
b. Remove the word ``Secretary's'' and add in its place ``Agency's'';
0
c. Remove the words ``his or her'' and add in their place ``its'';
0
d. Remove the words ``he or she'' and add in their place ``it'';
0
e. Remove the words ``him or her'' and add in their place ``it'';
0
f. Remove the words ``him or herself'' and add in their place
``itself'';
0
g. Remove the words ``himself or herself'' and add in their place
``itself''; and
0
h. Remove the word ``Venture''.
Subpart B--Definition of Terms Used in Part 4290
0
3. Amend Sec. 4290.50 by:
0
a. Adding the definition for ``Agency'' in alphabetical order;
0
b. Removing the definition of ``Principal Office;''
0
c. Revising the definitions ``Rural Business Concern'' and ``Rural
Business Concern Investment;''
0
d. Removing the definition of ``Agency'' following the definition of
``Secondary Relative'' and the definitions of ``Small Business
Concern'' and ``Small Business Concern Investment;''
0
e. In the definition for ``Urban Area Investment,'' removing the words
``whose Principle Office was located'' and adding in their place ``that
primarily operates.''
The addition and revisions read as follows:
Sec. 4279.50 Definition of terms.
* * * * *
Agency means the Rural Business-Cooperative Service (RBS) an agency
of the U.S. Department of Agriculture.
* * * * *
Rural Business Concern means an Enterprise that primarily operates
in a Rural Area.
Rural Business Concern Investment means a Financing in a Rural
Business Concern at the time of the initial Financing or if the initial
Financing is to facilitate a relocation from a Non-rural Area to a
Rural Area after that initial Financing.
* * * * *
Subpart C--Qualifications for the RBIC Program
0
4. Amend Sec. 4290.210 by adding paragraph (d) to read as follows:
Sec. 4290.210 Minimum capital requirements for RBICs.
* * * * *
[[Page 16523]]
(d) Closing. Each RBIC may conduct more than one closing to raise
the specific amount of Regulatory Capital that the Applicant had
projected in its application that it would raise (see Sec.
4290.310(b)). One or more closings may take place subsequent to
licensing as an RBIC to raise the difference between the required
Regulatory Capital as provided under paragraphs (a) and (b) of this
section and the specific amount of Regulatory Capital that the
Applicant had projected to raise in its application.
Sec. 4290.230 [Amended]
0
5. Amend Sec. 4290.230(c)(5) by removing the word ``collectibility''
and adding in its place ``collectability''.
Subpart D--Application and Approval Process for RBIC Licensing
0
6. Revise Sec. 4290.330 to read as follows:
Sec. 4290.330 Guarantee fee.
In cases of Leveraged Applications, the Applicant must pay to the
Agency an issuance fee for each grant or debenture guarantee. The
Agency may charge such fees as the Agency considers appropriate, so
long as those fees are proportionally equal for each rural business
investment company, with respect to any guarantee or grant issued under
this subchapter.
Subpart E--Evaluation and Selection of RBICs
Sec. 4290.340 [Amended]
0
7. Amend Sec. 4290.340 introductory text by removing ``Agency on
behalf of USDA'' and adding in its place ``Administrator of RBS''.
0
8. Amend Sec. 4290.370 by revising the introductory text and paragraph
(h) to read as follows:
Sec. 4290.370 Evaluation criteria.
Of those Applicants whose management team is considered qualified
for venture capital investing and who have submitted an eligible and
complete application, the Administrator of RBS and the Administrator on
behalf of SBA, in their sole discretion, will evaluate and select an
Applicant for participation in the RBIC program by considering the
following criteria:
* * * * *
(h) The extent to which the Applicant will concentrate its
activities on serving Smaller Enterprises located in the Rural Area in
which it intends to invest, including the ratio of resources that it
proposes to invest in such Enterprises as compared to other
Enterprises;
* * * * *
0
9. Amend Sec. 4290.380 by revising the first sentence to read as
follows:
Sec. 4290.380 Selection.
From among the Applicants that have submitted eligible and complete
applications, the Administrator of RBS and the Administrator on behalf
of SBA, in their sole discretion, will select some, all, or none of
such Applicants to participate in the RBIC program. * * *
0
10. Amend Sec. 4290.390 by revising paragraph (b) to read as follows:
Sec. 4290.390 Licensing as a RBIC.
* * * * *
(b) Licensing as a RBIC. If the selected Applicant has
satisfactorily met all the conditions specified in paragraph (a) of
this section, as determined within the sole discretion of the Agency,
then the Administrator of RBS and the Administrator on behalf of SBA
will license the Applicant as a RBIC.
* * * * *
Subpart H--Recordkeeping, Reporting, and Examination Requirements
for RBICs
Sec. 4290.610 [Amended]
0
11. Amend Sec. 4290.610 by removing paragraph (b) and redesignating
paragraphs (c) and (d) as paragraphs (b) and (c), respectively.
Subpart I--Financing of Enterprises by RBICs
0
12. Revise Sec. 4290.700 to read as follows:
Sec. 4290.700 Requirements concerning types of Enterprises to receive
Financing.
(a) Financing requirements. Beginning after the third fiscal year
after the issuance of your RBIC license and at the close of each of
your fiscal years thereafter, you must be in compliance with the
Financing percentages specified in this paragraph (a).
(1) Rural Business Concerns. At least 75 percent of your Financings
(in total dollars) to your Portfolio Concerns must have been to Rural
Business Concerns.
(2) Smaller Enterprises. More than 50 percent of your Financings
(in total dollars) to your Portfolio Concerns must have been to Smaller
Enterprises that, at the time of the initial Financing to such
Enterprise, meet either the net worth/net income test or the size
standard set forth in the ``Smaller Enterprise'' definition in Sec.
4290.50.
(3) Urban Areas. No more than 10 percent of your Financings (in
total dollars) to your Portfolio Concerns must have been made to
Portfolio Concerns located in an Urban Area.
(b) Non-compliance. If you are not in compliance with any of the
Financing percentages specified in paragraph (a) of this section at the
end of the third fiscal year after the issuance of your RBIC license or
any fiscal year thereafter, you must come into compliance by the end of
the following fiscal year. For as long as you remain out of compliance,
you are not eligible for additional Leverage (see Sec. 4290.1120).
0
13. Amend Sec. 4290.720 by:
0
a. Revising paragraph (g)(2);
0
b. In paragraph (i), removing ``25 percent'' and adding in its place
``50 percent''; and
0
c. In paragraph (k), removing ``of ownership'' from the heading and
adding ``in control'' in its place and removing ``ownership of'' and
adding ``more than 50 percent control of'' in its place.
The revision reads as follows:
Sec. 4290.720 Enterprises that may be ineligible for Financing.
* * * * *
(g) * * *
(2) Exception. This paragraph (g) does not prohibit either:
(i) A Financing used to acquire foreign materials and equipment or
foreign property rights for use or sale in the United States; or
(ii) A Financing in a subsidiary based in the United States of
foreign-owned entities with at least 51 percent U.S. ownership.
* * * * *
Sec. 4290.760 [Amended]
0
14. Amend Sec. 4290.760(a) by removing the words ``or Small Business
Concern''.
Dated: March 13, 2020.
Mark Brodziski,
Acting Administrator, Rural Business-Cooperative Service.
Dated: March 13, 2020.
Chad Rupe,
Administrator, Rural Utilities Service.
[FR Doc. 2020-05746 Filed 3-23-20; 8:45 am]
BILLING CODE 3410-XY-P
