81_FR_33224 81 FR 33123 - Debt Refinancing in 504 Loan Program

81 FR 33123 - Debt Refinancing in 504 Loan Program

SMALL BUSINESS ADMINISTRATION

Federal Register Volume 81, Issue 101 (May 25, 2016)

Page Range33123-33126
FR Document2016-12447

This interim final rule implements Section 521 of Division E the Consolidated Appropriations Act, 2016, which authorizes projects approved for financing under Title V of the Small Business Investment Act to include the refinancing of qualified debt.

Federal Register, Volume 81 Issue 101 (Wednesday, May 25, 2016)
[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Rules and Regulations]
[Pages 33123-33126]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12447]



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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.

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Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules 
and Regulations

[[Page 33123]]



SMALL BUSINESS ADMINISTRATION

13 CFR Part 120

RIN 3245-AG79


Debt Refinancing in 504 Loan Program

AGENCY: U.S. Small Business Administration.

ACTION: Interim final rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: This interim final rule implements Section 521 of Division E 
the Consolidated Appropriations Act, 2016, which authorizes projects 
approved for financing under Title V of the Small Business Investment 
Act to include the refinancing of qualified debt.

DATES: Effective Date: This rule is effective June 24, 2016.
    Comment Date: Comments must be received on or before July 25, 2016.

ADDRESSES: You may submit comments, identified by RIN 3245-AG79, by any 
of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Mail: Linda Reilly. Chief, 504 Branch, Office of Financial 
Assistance, U.S. Small Business Administration, 409 Third Street SW., 
8th Floor, Washington, DC 20416.
    Hand Delivery/Courier: Linda Reilly, Chief, 504 Branch, Office of 
Financial Assistance, U.S. Small Business Administration, 409 Third 
Street SW., 8th Floor, Washington, DC 20416.
    SBA will post all comments on http://www.regulations.gov. If you 
wish to submit confidential business information (CBI) as defined in 
the User Notice at http://www.regulations.gov, please submit the 
information to Linda Reilly, Chief, 504 Branch, Office of Financial 
Assistance, 409 Third Street SW., Washington, DC 20416, or send an 
email to [email protected]. Highlight the information that you consider 
to be CBI and explain why you believe SBA should hold this information 
as confidential. SBA will review the information and make the final 
determination whether it will publish the information.

FOR FURTHER INFORMATION CONTACT: Linda Reilly at [email protected] 
or 202-205-9949.

SUPPLEMENTARY INFORMATION: 

I. Background Information

    The 504 Loan Program is an SBA financing program authorized under 
Title V of the Small Business Investment Act of 1958, 15 U.S.C. 695 et 
seq. The core mission of the 504 Loan Program is to provide long-term 
financing to small businesses for the purchase or improvement of land, 
buildings, and major equipment, in an effort to facilitate the creation 
or retention of jobs and local economic development. Under the 504 Loan 
Program, loans are made to small business applicants by Certified 
Development Companies (``CDCs''), which are certified and regulated by 
SBA to promote economic development within their community. In general, 
a project in the 504 Loan Program (a ``504 Project'') includes: A loan 
obtained from a private sector lender with a senior lien covering at 
least 50 percent of the project cost; a loan obtained from a CDC (a 
``504 Loan'') with a junior lien covering up to 40 percent of the total 
cost (backed by a 100 percent SBA-guaranteed debenture); and a 
contribution from the Borrower of at least 10 percent equity.
    The Small Business Jobs Act of 2010 (Jobs Act), Public Law 111-240, 
124 Stat. 2504, enacted on September 27, 2010, temporarily expanded the 
ability of a small business to use the 504 Loan Program to refinance 
certain qualifying debt. Prior to the Jobs Act, a 504 Project could 
include a refinancing component only if the project involved an 
expansion of the small business and the existing indebtedness did not 
exceed 50% of the project cost of the expansion. See 13 CFR 120.882(e). 
The temporary Jobs Act program authorized the use of the 504 Loan 
Program for the refinancing of debt where there is no expansion of the 
small business concern (the ``Debt Refinancing Program''). The 
regulations governing this program are found at 13 CFR 120.882(g) 
(referred to herein as ``Current Rules''). SBA's authority to guarantee 
loans under the Debt Refinancing Program expired on September 27, 2012.
    Section 521 of Division E of the Consolidated Appropriations Act, 
2016 (the Act), Public Law 114-113, enacted on December 22, 2015, 
reauthorizes the Debt Refinancing Program with three modifications:
    (1) The Act provides that the Debt Refinancing Program shall be in 
effect in any fiscal year during which the cost to the Federal 
Government of making guarantees under the Debt Refinancing Program and 
under the 504 Loan Program is zero;
    (2) the Act requires that a CDC limit its financings under the 504 
Loan Program so that, during any fiscal year, new financings under the 
Debt Refinancing Program do not exceed 50% of the dollars the CDC 
loaned under the 504 Loan Program during the previous fiscal year. The 
Act provides that this limitation may be waived upon application by a 
CDC and after determining that the refinance loan is needed for good 
cause; and
    (3) the Act eliminates the alternate job retention goal authorized 
by the Jobs Act for the Debt Refinancing Program.
    As described in the section-by-section analysis below, this interim 
final rule modifies the Current Rules to conform the Debt Refinancing 
Program to the requirements of the Act. For an in-depth discussion of 
the Current Rules, please see the interim final rule and the final rule 
that were issued to implement the Debt Refinancing Program at 76 FR 
9213 (February 17, 2011) and 76 FR 63151 (October 12, 2011). With this 
interim final rule, SBA invites comments from interested parties on all 
aspects of the Debt Refinancing Program.
    The ``zero cost'' requirement described in (1) above is satisfied 
for Fiscal Year 2016. As announced in SBA Information Notice 5000-1352, 
effective September 28, 2015, ``7(a) and 504 Fees Effective October 1, 
2015,'' the 504 Loan Program is operating at zero subsidy during Fiscal 
Year 2016, with a zero upfront fee and an annual guarantee fee of 91.4 
basis points on the outstanding loan balance. To operate the Debt 
Refinancing Program at zero cost to the Federal Government during 
Fiscal Year 2016, SBA has determined that the Borrower must pay a 
supplemental annual guarantee fee of 4.4 basis points

[[Page 33124]]

on the outstanding loan balance to cover the additional cost 
attributable to the refinancing, for a total annual guarantee fee of 
95.8 basis points. The supplemental fee for the Debt Refinancing 
Program will be assessed and collected in the same manner as the 
current annual guarantee fee under 13 CFR 120.971(d)(2).
    Before the beginning of each new fiscal year, SBA will issue a 
similar notice indicating whether the Debt Refinancing Program will be 
in effect during the new fiscal year, in addition to any changes in the 
fees for 504 Loans.
    With the ``zero cost'' requirement satisfied for Fiscal Year 2016, 
SBA will begin to accept applications for assistance under the Debt 
Refinancing Program upon the effective date of this rulemaking, June 
24, 2016.

II. Section-by-Section Analysis

    Except as set forth below, all other sections of the Current Rules 
are unchanged.
    Section 120.882(g) Introductory Text. This section currently 
includes the application deadline for the Debt Refinancing Program. 
Since that date is no longer relevant, SBA is revising the introductory 
text in this section to remove the following phrase that is no longer 
applicable: ``For applications received on or after February 17, 2011 
and approved by SBA no later than September 27, 2012''. Also, with the 
permanent reauthorization of the Debt Refinancing Program by the Act, a 
specific application period is unnecessary.
    Section 120.882(g)(3). In order to manage the limited resources 
that were available for the Debt Refinancing Program between 2010 and 
2012, this section imposed a maturity date requirement on the debt to 
be refinanced that is no longer necessary. Accordingly, SBA is revising 
this section by removing this maturity date requirement. In its place, 
SBA is inserting the Act's requirement that, for the Debt Refinancing 
Program to be in effect during any fiscal year, the cost to the Federal 
government of making guarantees under the Debt Refinancing Program and 
under the 504 Loan Program must be zero subsidy.
    Section 120.882(g)(10). The Jobs Act authorized an alternate job 
retention goal for the Debt Refinancing Program for Borrowers that did 
not meet the job creation and retention goals under sections 501(d) and 
(e) of the Small Business Investment Act of 1958. The Act eliminates 
this alternate job retention goal and, accordingly, SBA is removing the 
alternate job retention goal provision from the regulations. With the 
elimination of the alternate job retention standard, all applicants for 
a loan under the Debt Refinancing Program will now be required to meet 
the job creation and retention goals under Sec. Sec.  501(d) and (e). 
Based on these goals, a 504 Project, including a project financed under 
the Debt Refinancing Program, must achieve one of the economic 
development objectives set forth in 13 CFR 120.861 or 120.862.
    The revisions to Sec.  120.882(g)(10) will reflect the Act's 
requirement that a CDC limit its financings under the Debt Refinancing 
Program so that, during any fiscal year (October 1 to September 30), 
new financings under the Debt Refinancing Program do not exceed 50% of 
the dollars loaned by the CDC under the 504 Loan Program during the 
previous fiscal year. In making this calculation, the dollars will be 
deemed loaned by the CDC on the date that the 504 loan application is 
approved, which is when SBA obligates the funds for the 504 Project. 
The dollars loaned will be calculated as of September 30 of each fiscal 
year, which will reflect any increases or decreases to the approved 504 
loan amount that occurred within that fiscal year. Because the Act 
provides that the 50% limitation applies to the dollars loaned under 
the 504 Loan Program during the previous fiscal year, all financings 
made by the CDC during the previous fiscal year will be included in 
determining this number, including those financings made under the Debt 
Refinancing Program.
    As authorized by the Act, Sec.  120.882(g)(10) will provide that 
the 50% limitation may be waived upon application by a CDC and a 
determination by SBA that the refinance loan is needed for good cause. 
SBA will provide guidance regarding the good cause determination in its 
Standard Operating Procedures or other guidance documents.
    Section 120.882(g)(13). This section prohibits the Third Party Loan 
from being sold on the secondary market as a part of a pool guaranteed 
under subpart J of part 120 when the debt being refinanced is same 
institution debt. Subpart J of part 120, the Secondary Market Guarantee 
Program for First Lien Position 504 Loan Pools, expired on September 
23, 2012; however, should this program be reauthorized, SBA wants to 
ensure that this prohibition remains in effect. Accordingly, SBA is 
revising this provision to make it clear that the prohibition would 
apply to any successor to the program described in subpart J of part 
120.
    Section 120.882(g)(15) (Definition of ``qualified debt''). To meet 
the definition of ``qualified debt'', paragraph (vii) of this provision 
requires that the applicant be current on all payments due for not less 
than one year preceding the date of application. When SBA initially 
implemented the Debt Refinancing Program under the Jobs Act, it defined 
``current on all payments due'' to mean that no payment scheduled to be 
made during the one year period was either deferred or more than 30 
days past due. See 76 FR 9213 (February 17, 2011). In response to 
comments received, SBA revised this definition to mean that no payment 
was more than 30 days past due from either the original payment terms 
or modified payment terms (including deferments) ``if such modification 
was agreed to in writing by the Borrower and the lender of the existing 
debt prior to the (sic) October 12, 2011.'' See 76 FR 63151 (October 
12, 2011). This date was the effective date of the final rule for the 
Debt Refinancing Program under the Jobs Act, and was intended to ensure 
that no debt that was modified after the definition was revised would 
be refinanced under the program. SBA also reserved the right to 
determine, at its discretion on a loan-by-loan basis, whether modified 
repayment terms would preclude refinancing under the program.
    The October 12, 2011 date is no longer relevant after the 
expiration of the Debt Refinancing Program in 2012, and SBA is removing 
it from the rules. However, SBA believes that a debt should not be 
considered ``current on all payments due for not less than one year 
preceding the date of application'' if the payment terms were modified 
during the one year period. Accordingly, SBA is revising this provision 
to require that the modification must have been agreed to in writing by 
the Borrower and the lender of the existing debt no less than one year 
preceding the date of application. As under the Debt Refinancing 
Program under the Jobs Act, SBA reserves the right to determine, at its 
discretion on a loan-by-loan basis, whether modified repayment terms 
would preclude refinancing under the program.

III. Justification for Publication as Interim Final Rule

    In general, before issuing a final rule, SBA publishes the rule for 
public comment in accordance with the Administrative Procedure Act 
(APA), 5 U.S.C. 553. The APA provides an exception to this standard 
rulemaking process where the agency finds good cause to adopt a rule 
without prior public participation. 5 U.S.C. 553(c)(3)(B). The good 
cause

[[Page 33125]]

requirement is satisfied when prior public participation can be shown 
to be impracticable, unnecessary, or contrary to the public interest. 
Under such circumstances, an agency may publish an interim final rule 
without soliciting public comment. In enacting the good cause exception 
to standard rulemaking procedures, Congress recognized that emergency 
and other situations arise where an agency can issue a rule without 
public participation.
    With regard to the Debt Refinancing Program, SBA finds that good 
cause exists to publish this rule as an interim final rule for two 
reasons. First, the public has already had the opportunity to comment 
on the rules implementing the Debt Refinancing Program and this interim 
final rule simply modifies these rules to conform the Debt Refinancing 
Program to the requirements of the Act.
    Second, in order to meet the immediate debt refinancing needs of 
small businesses, it is essential to be able to implement the Debt 
Refinancing Program as expeditiously as possible. According to data 
presented to the Federal Open Market Committee before its January 2016 
meeting, there is a concerning trend toward tighter credit sentiment by 
bank officers since the Debt Refinancing Program expired in 2012. The 
combination of tighter credit sentiment and the recent increase in 
interest rates has made it increasingly difficult for small businesses 
to find lenders willing to refinance small business commercial loans. 
The Debt Refinancing Program will fill that gap by providing an 
affordable refinancing product that lenders and the small business 
community are eagerly awaiting.
    Although this rule is being published as an interim final rule, 
comments are solicited from interested members of the public. These 
comments must be submitted on or before the deadline for comments 
stated in this rule. The SBA will consider any comments it receives and 
the need for making any amendments as a result of the comments.

Compliance With Executive Orders 12866, 12988, 13132, and 13563, the 
Paperwork Reduction Act (44 U.S.C., Ch. 35), and the Regulatory 
Flexibility Act (5 U.S.C. 601-612)

Executive Order 12866

    The Office of Management and Budget has determined that this rule 
does not constitute a ``significant regulatory action'' under Executive 
Order 12866. This rule is also not a major rule under the Congressional 
Review Act.

Executive Order 12988

    This action meets applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden. The action does not 
have preemptive effect or retroactive effect.

Executive Order 13132

    This rule does not have federalism implications as defined in 
Executive Order 13132. It 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 levels of government, as specified in the Executive Order. As 
such it does not warrant the preparation of a Federalism Assessment.

Executive Order 13563

    The Consolidated Appropriations Act, 2016, reauthorizes the Debt 
Refinancing Program, which was first authorized by the Jobs Act. The 
Agency received significant public comments on the interim final rule 
that was issued to implement this program (see 76 FR 9213, February 17, 
2011). SBA considered and discussed these comments in the final rule 
that was published in the Federal Register on October 12, 2011 (76 FR 
63151). To assist in developing that interim final rule, the Agency 
also held a public forum on November 17, 2010 in Boston, Massachusetts.
    Except for the modifications to the Debt Refinancing Program made 
by the Act, the Agency is not making any other substantive changes to 
the Current Rules, codified at 13 CFR 120.882(g), in this interim final 
rule.

Paperwork Reduction Act

    In order to re-establish the Debt Refinancing Program, SBA has 
determined that it is necessary to also modify two existing collections 
of information (OMB Control Number 3245-0071, Application for Section 
504 Loans and OMB Control Number 3245- 0346, PCLP Quarterly Loan Loss 
Reserve Report and PCLP Guarantee Request) to include the requirements 
to apply for and report on debt refinancing loans. These requirements 
were previously part of these collections but were removed following 
expiration of the temporary Debt Refinancing Program in 2012. OMB has 
approved the revised collections on an emergency basis to enable SBA to 
move forward with re-establishing the Debt Refinancing Program as 
expeditiously as possible. The Paperwork Reduction Act requires 
agencies to follow the standard approval process following receipt of 
an emergency approval. In light of that requirement, SBA will also 
publish the required notices in the Federal Register to solicit 
comments from the public on the revised forms and will subsequently 
resubmit the collections of information to OMB for final review and 
approval. Any changes to the collection of information as a result of 
the comments will be reflected in that submission.

Regulatory Flexibility Act

    Because this rule is an interim final rule, there is no requirement 
for SBA to prepare a Regulatory Flexibility Act (RFA) analysis. The RFA 
requires administrative agencies to consider the effect of their 
actions on small entities, including small non-profit businesses, and 
small local governments. Pursuant to the RFA, when an agency issues a 
rule, the agency must prepare an analysis that describes whether the 
impact of the rule will have a significant economic impact on a 
substantial number of these small entities. However, the RFA requires 
such analysis only where notice and comment rulemaking is required. As 
discussed above, SBA has determined that there is good cause to publish 
this rule without soliciting public comment. This rule is, therefore, 
exempt from the RFA requirements.

List of Subjects in 13 CFR Part 120

    Loan programs--business, Small businesses, Reporting and 
recordkeeping requirements.

    For the reasons stated in the preamble, SBA amends 13 CFR part 120 
as follows:

PART 120--BUSINESS LOANS

0
1. The authority citation for part 120 is revised to read as follows:

    Authority:  15 U.S.C. 634(b)(6), (b)(7), (b)(14), (h), and note, 
636(a), (h) and (m), 650, 687(f), 696(3), and 697(a) and (e); Public 
Law 111-5, 123 Stat. 115, Public Law 111-240, 124 Stat. 2504; Public 
Law 114-113, 129 Stat. 2242.


0
2. Amend Sec.  120.882 by revising paragraph (g) introductory text, 
paragraphs (g)(3), (g)(10), (g)(13), and the second sentence of 
paragraph (vii) in the definition of ``Qualified debt'' in paragraph 
(g)(15)(vii) to read as follows:


Sec.  120.882  Eligible project costs for 504 loans.

* * * * *
    (g) SBA may approve a Refinancing Project of a qualified debt 
subject to the following conditions and requirements:
* * * * *

[[Page 33126]]

    (3) The cost to the Federal Government of making guarantees under 
this subsection (g) and under section 503 of the Small Business 
Investment Act of 1958 (15 U.S.C. 697) during the fiscal year in which 
the guarantee is made is zero;
* * * * *
    (10) A CDC must limit the amount of its loans under this paragraph 
(g) so that, during any Federal fiscal year, the amount of the new 
loans approved under this paragraph (g) does not exceed 50% of the 
total dollar amount of the CDC's 504 loans approved (including the 
loans approved under this paragraph (g)) during the previous fiscal 
year. This limitation may be waived upon application by the CDC and 
upon a determination by SBA that the refinance loan is needed for good 
cause.
* * * * *
    (13) The Third Party Loan may not be sold on the secondary market 
as a part of a pool guaranteed under subpart J of this part, or any 
successor to this program, when the debt being refinanced is same 
institution debt;
* * * * *
    (15) * * *
    Qualified debt * * *
    (vii) * * * For the purposes of this paragraph (vii), ``current on 
all payments due'' means that no payment was more than 30 days past due 
from either the original payment terms or modified payment terms 
(including deferments) if such modification was agreed to in writing by 
the Borrower and the lender of the existing debt no less than one year 
preceding the date of application. * * *
* * * * *

Maria Contreras-Sweet,
Administrator.
[FR Doc. 2016-12447 Filed 5-23-16; 4:15 pm]
 BILLING CODE 8025-01-P



                                                                                                                                                                                            33123

                                           Rules and Regulations                                                                                         Federal Register
                                                                                                                                                         Vol. 81, No. 101

                                                                                                                                                         Wednesday, May 25, 2016



                                           This section of the FEDERAL REGISTER                    information that you consider to be CBI               herein as ‘‘Current Rules’’). SBA’s
                                           contains regulatory documents having general            and explain why you believe SBA                       authority to guarantee loans under the
                                           applicability and legal effect, most of which           should hold this information as                       Debt Refinancing Program expired on
                                           are keyed to and codified in the Code of                confidential. SBA will review the                     September 27, 2012.
                                           Federal Regulations, which is published under           information and make the final                           Section 521 of Division E of the
                                           50 titles pursuant to 44 U.S.C. 1510.
                                                                                                   determination whether it will publish                 Consolidated Appropriations Act, 2016
                                           The Code of Federal Regulations is sold by              the information.                                      (the Act), Public Law 114–113, enacted
                                           the Superintendent of Documents. Prices of              FOR FURTHER INFORMATION CONTACT:                      on December 22, 2015, reauthorizes the
                                           new books are listed in the first FEDERAL               Linda Reilly at linda.reilly@sba.gov or               Debt Refinancing Program with three
                                           REGISTER issue of each week.                            202–205–9949.                                         modifications:
                                                                                                   SUPPLEMENTARY INFORMATION:                               (1) The Act provides that the Debt
                                                                                                                                                         Refinancing Program shall be in effect in
                                           SMALL BUSINESS ADMINISTRATION                           I. Background Information                             any fiscal year during which the cost to
                                                                                                      The 504 Loan Program is an SBA                     the Federal Government of making
                                           13 CFR Part 120                                                                                               guarantees under the Debt Refinancing
                                                                                                   financing program authorized under
                                           RIN 3245–AG79                                           Title V of the Small Business                         Program and under the 504 Loan
                                                                                                   Investment Act of 1958, 15 U.S.C. 695                 Program is zero;
                                           Debt Refinancing in 504 Loan Program                    et seq. The core mission of the 504 Loan                 (2) the Act requires that a CDC limit
                                                                                                   Program is to provide long-term                       its financings under the 504 Loan
                                           AGENCY:  U.S. Small Business
                                                                                                   financing to small businesses for the                 Program so that, during any fiscal year,
                                           Administration.
                                                                                                   purchase or improvement of land,                      new financings under the Debt
                                           ACTION: Interim final rule with request                                                                       Refinancing Program do not exceed 50%
                                                                                                   buildings, and major equipment, in an
                                           for comments.                                           effort to facilitate the creation or                  of the dollars the CDC loaned under the
                                           SUMMARY:  This interim final rule                       retention of jobs and local economic                  504 Loan Program during the previous
                                           implements Section 521 of Division E                    development. Under the 504 Loan                       fiscal year. The Act provides that this
                                           the Consolidated Appropriations Act,                    Program, loans are made to small                      limitation may be waived upon
                                           2016, which authorizes projects                         business applicants by Certified                      application by a CDC and after
                                           approved for financing under Title V of                 Development Companies (‘‘CDCs’’),                     determining that the refinance loan is
                                           the Small Business Investment Act to                    which are certified and regulated by                  needed for good cause; and
                                           include the refinancing of qualified                    SBA to promote economic development                      (3) the Act eliminates the alternate job
                                           debt.                                                   within their community. In general, a                 retention goal authorized by the Jobs
                                                                                                   project in the 504 Loan Program (a ‘‘504              Act for the Debt Refinancing Program.
                                           DATES:  Effective Date: This rule is                    Project’’) includes: A loan obtained from                As described in the section-by-section
                                           effective June 24, 2016.                                a private sector lender with a senior lien            analysis below, this interim final rule
                                              Comment Date: Comments must be                       covering at least 50 percent of the                   modifies the Current Rules to conform
                                           received on or before July 25, 2016.                    project cost; a loan obtained from a CDC              the Debt Refinancing Program to the
                                           ADDRESSES: You may submit comments,                     (a ‘‘504 Loan’’) with a junior lien                   requirements of the Act. For an in-depth
                                           identified by RIN 3245–AG79, by any of                  covering up to 40 percent of the total                discussion of the Current Rules, please
                                           the following methods:                                  cost (backed by a 100 percent SBA-                    see the interim final rule and the final
                                              Federal eRulemaking Portal: http://                  guaranteed debenture); and a                          rule that were issued to implement the
                                           www.regulations.gov. Follow the                         contribution from the Borrower of at                  Debt Refinancing Program at 76 FR 9213
                                           instructions for submitting comments.                   least 10 percent equity.                              (February 17, 2011) and 76 FR 63151
                                              Mail: Linda Reilly. Chief, 504 Branch,                  The Small Business Jobs Act of 2010                (October 12, 2011). With this interim
                                           Office of Financial Assistance, U.S.                    (Jobs Act), Public Law 111–240, 124                   final rule, SBA invites comments from
                                           Small Business Administration, 409                      Stat. 2504, enacted on September 27,                  interested parties on all aspects of the
                                           Third Street SW., 8th Floor,                            2010, temporarily expanded the ability                Debt Refinancing Program.
                                           Washington, DC 20416.                                   of a small business to use the 504 Loan                  The ‘‘zero cost’’ requirement
                                              Hand Delivery/Courier: Linda Reilly,                 Program to refinance certain qualifying               described in (1) above is satisfied for
                                           Chief, 504 Branch, Office of Financial                  debt. Prior to the Jobs Act, a 504 Project            Fiscal Year 2016. As announced in SBA
                                           Assistance, U.S. Small Business                         could include a refinancing component                 Information Notice 5000–1352, effective
                                           Administration, 409 Third Street SW.,                   only if the project involved an                       September 28, 2015, ‘‘7(a) and 504 Fees
                                           8th Floor, Washington, DC 20416.                        expansion of the small business and the               Effective October 1, 2015,’’ the 504 Loan
                                              SBA will post all comments on http://                existing indebtedness did not exceed                  Program is operating at zero subsidy
                                           www.regulations.gov. If you wish to                     50% of the project cost of the                        during Fiscal Year 2016, with a zero
                                           submit confidential business                            expansion. See 13 CFR 120.882(e). The                 upfront fee and an annual guarantee fee
                                           information (CBI) as defined in the User                temporary Jobs Act program authorized                 of 91.4 basis points on the outstanding
Lhorne on DSK30JT082PROD with RULES




                                           Notice at http://www.regulations.gov,                   the use of the 504 Loan Program for the               loan balance. To operate the Debt
                                           please submit the information to Linda                  refinancing of debt where there is no                 Refinancing Program at zero cost to the
                                           Reilly, Chief, 504 Branch, Office of                    expansion of the small business concern               Federal Government during Fiscal Year
                                           Financial Assistance, 409 Third Street                  (the ‘‘Debt Refinancing Program’’). The               2016, SBA has determined that the
                                           SW., Washington, DC 20416, or send an                   regulations governing this program are                Borrower must pay a supplemental
                                           email to 504refi@sba.gov. Highlight the                 found at 13 CFR 120.882(g) (referred to               annual guarantee fee of 4.4 basis points


                                      VerDate Sep<11>2014   14:51 May 24, 2016   Jkt 238001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\25MYR1.SGM   25MYR1


                                           33124            Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations

                                           on the outstanding loan balance to cover                elimination of the alternate job retention            of ‘‘qualified debt’’, paragraph (vii) of
                                           the additional cost attributable to the                 standard, all applicants for a loan under             this provision requires that the
                                           refinancing, for a total annual guarantee               the Debt Refinancing Program will now                 applicant be current on all payments
                                           fee of 95.8 basis points. The                           be required to meet the job creation and              due for not less than one year preceding
                                           supplemental fee for the Debt                           retention goals under §§ 501(d) and (e).              the date of application. When SBA
                                           Refinancing Program will be assessed                    Based on these goals, a 504 Project,                  initially implemented the Debt
                                           and collected in the same manner as the                 including a project financed under the                Refinancing Program under the Jobs Act,
                                           current annual guarantee fee under 13                   Debt Refinancing Program, must achieve                it defined ‘‘current on all payments
                                           CFR 120.971(d)(2).                                      one of the economic development                       due’’ to mean that no payment
                                              Before the beginning of each new                     objectives set forth in 13 CFR 120.861 or             scheduled to be made during the one
                                           fiscal year, SBA will issue a similar                   120.862.                                              year period was either deferred or more
                                           notice indicating whether the Debt                         The revisions to § 120.882(g)(10) will             than 30 days past due. See 76 FR 9213
                                           Refinancing Program will be in effect                   reflect the Act’s requirement that a CDC              (February 17, 2011). In response to
                                           during the new fiscal year, in addition                 limit its financings under the Debt                   comments received, SBA revised this
                                           to any changes in the fees for 504 Loans.               Refinancing Program so that, during any               definition to mean that no payment was
                                              With the ‘‘zero cost’’ requirement                   fiscal year (October 1 to September 30),              more than 30 days past due from either
                                           satisfied for Fiscal Year 2016, SBA will                new financings under the Debt                         the original payment terms or modified
                                           begin to accept applications for                        Refinancing Program do not exceed 50%                 payment terms (including deferments)
                                           assistance under the Debt Refinancing                   of the dollars loaned by the CDC under                ‘‘if such modification was agreed to in
                                           Program upon the effective date of this                 the 504 Loan Program during the                       writing by the Borrower and the lender
                                           rulemaking, June 24, 2016.                              previous fiscal year. In making this                  of the existing debt prior to the (sic)
                                           II. Section-by-Section Analysis                         calculation, the dollars will be deemed               October 12, 2011.’’ See 76 FR 63151
                                                                                                   loaned by the CDC on the date that the                (October 12, 2011). This date was the
                                              Except as set forth below, all other                 504 loan application is approved, which               effective date of the final rule for the
                                           sections of the Current Rules are                       is when SBA obligates the funds for the               Debt Refinancing Program under the
                                           unchanged.                                              504 Project. The dollars loaned will be               Jobs Act, and was intended to ensure
                                              Section 120.882(g) Introductory                      calculated as of September 30 of each                 that no debt that was modified after the
                                           Text. This section currently includes the               fiscal year, which will reflect any                   definition was revised would be
                                           application deadline for the Debt                       increases or decreases to the approved                refinanced under the program. SBA also
                                           Refinancing Program. Since that date is                 504 loan amount that occurred within                  reserved the right to determine, at its
                                           no longer relevant, SBA is revising the                 that fiscal year. Because the Act                     discretion on a loan-by-loan basis,
                                           introductory text in this section to                    provides that the 50% limitation applies              whether modified repayment terms
                                           remove the following phrase that is no                  to the dollars loaned under the 504 Loan              would preclude refinancing under the
                                           longer applicable: ‘‘For applications                   Program during the previous fiscal year,              program.
                                           received on or after February 17, 2011                  all financings made by the CDC during                    The October 12, 2011 date is no
                                           and approved by SBA no later than                       the previous fiscal year will be included             longer relevant after the expiration of
                                           September 27, 2012’’. Also, with the                    in determining this number, including                 the Debt Refinancing Program in 2012,
                                           permanent reauthorization of the Debt                   those financings made under the Debt                  and SBA is removing it from the rules.
                                           Refinancing Program by the Act, a                       Refinancing Program.                                  However, SBA believes that a debt
                                           specific application period is                             As authorized by the Act,                          should not be considered ‘‘current on all
                                           unnecessary.                                            § 120.882(g)(10) will provide that the                payments due for not less than one year
                                              Section 120.882(g)(3). In order to                   50% limitation may be waived upon                     preceding the date of application’’ if the
                                           manage the limited resources that were                  application by a CDC and a                            payment terms were modified during
                                           available for the Debt Refinancing                      determination by SBA that the refinance               the one year period. Accordingly, SBA
                                           Program between 2010 and 2012, this                     loan is needed for good cause. SBA will               is revising this provision to require that
                                           section imposed a maturity date                         provide guidance regarding the good                   the modification must have been agreed
                                           requirement on the debt to be                           cause determination in its Standard                   to in writing by the Borrower and the
                                           refinanced that is no longer necessary.                 Operating Procedures or other guidance                lender of the existing debt no less than
                                           Accordingly, SBA is revising this                       documents.                                            one year preceding the date of
                                           section by removing this maturity date                     Section 120.882(g)(13). This section               application. As under the Debt
                                           requirement. In its place, SBA is                       prohibits the Third Party Loan from                   Refinancing Program under the Jobs Act,
                                           inserting the Act’s requirement that, for               being sold on the secondary market as                 SBA reserves the right to determine, at
                                           the Debt Refinancing Program to be in                   a part of a pool guaranteed under                     its discretion on a loan-by-loan basis,
                                           effect during any fiscal year, the cost to              subpart J of part 120 when the debt                   whether modified repayment terms
                                           the Federal government of making                        being refinanced is same institution                  would preclude refinancing under the
                                           guarantees under the Debt Refinancing                   debt. Subpart J of part 120, the                      program.
                                           Program and under the 504 Loan                          Secondary Market Guarantee Program
                                           Program must be zero subsidy.                           for First Lien Position 504 Loan Pools,               III. Justification for Publication as
                                              Section 120.882(g)(10). The Jobs Act                 expired on September 23, 2012;                        Interim Final Rule
                                           authorized an alternate job retention                   however, should this program be                          In general, before issuing a final rule,
                                           goal for the Debt Refinancing Program                   reauthorized, SBA wants to ensure that                SBA publishes the rule for public
                                           for Borrowers that did not meet the job                 this prohibition remains in effect.                   comment in accordance with the
                                           creation and retention goals under                      Accordingly, SBA is revising this                     Administrative Procedure Act (APA), 5
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                                           sections 501(d) and (e) of the Small                    provision to make it clear that the                   U.S.C. 553. The APA provides an
                                           Business Investment Act of 1958. The                    prohibition would apply to any                        exception to this standard rulemaking
                                           Act eliminates this alternate job                       successor to the program described in                 process where the agency finds good
                                           retention goal and, accordingly, SBA is                 subpart J of part 120.                                cause to adopt a rule without prior
                                           removing the alternate job retention goal                  Section 120.882(g)(15) (Definition of              public participation. 5 U.S.C.
                                           provision from the regulations. With the                ‘‘qualified debt’’). To meet the definition           553(c)(3)(B). The good cause


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                                                            Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations                                                33125

                                           requirement is satisfied when prior                     Executive Order 12988                                 agencies to follow the standard approval
                                           public participation can be shown to be                    This action meets applicable                       process following receipt of an
                                           impracticable, unnecessary, or contrary                 standards set forth in sections 3(a) and              emergency approval. In light of that
                                           to the public interest. Under such                      3(b)(2) of Executive Order 12988, Civil               requirement, SBA will also publish the
                                           circumstances, an agency may publish                    Justice Reform, to minimize litigation,               required notices in the Federal Register
                                           an interim final rule without soliciting                eliminate ambiguity, and reduce                       to solicit comments from the public on
                                           public comment. In enacting the good                    burden. The action does not have                      the revised forms and will subsequently
                                           cause exception to standard rulemaking                  preemptive effect or retroactive effect.              resubmit the collections of information
                                           procedures, Congress recognized that                                                                          to OMB for final review and approval.
                                           emergency and other situations arise                    Executive Order 13132                                 Any changes to the collection of
                                           where an agency can issue a rule                          This rule does not have federalism                  information as a result of the comments
                                           without public participation.                           implications as defined in Executive                  will be reflected in that submission.
                                              With regard to the Debt Refinancing                  Order 13132. It will not have substantial             Regulatory Flexibility Act
                                           Program, SBA finds that good cause                      direct effects on the States, on the
                                           exists to publish this rule as an interim               relationship between the national                        Because this rule is an interim final
                                           final rule for two reasons. First, the                  government and the States, or on the                  rule, there is no requirement for SBA to
                                           public has already had the opportunity                  distribution of power and                             prepare a Regulatory Flexibility Act
                                           to comment on the rules implementing                    responsibilities among the various                    (RFA) analysis. The RFA requires
                                           the Debt Refinancing Program and this                   levels of government, as specified in the             administrative agencies to consider the
                                           interim final rule simply modifies these                Executive Order. As such it does not                  effect of their actions on small entities,
                                           rules to conform the Debt Refinancing                   warrant the preparation of a Federalism               including small non-profit businesses,
                                           Program to the requirements of the Act.                 Assessment.                                           and small local governments. Pursuant
                                                                                                                                                         to the RFA, when an agency issues a
                                              Second, in order to meet the                         Executive Order 13563                                 rule, the agency must prepare an
                                           immediate debt refinancing needs of                       The Consolidated Appropriations Act,                analysis that describes whether the
                                           small businesses, it is essential to be                 2016, reauthorizes the Debt Refinancing               impact of the rule will have a significant
                                           able to implement the Debt Refinancing                  Program, which was first authorized by                economic impact on a substantial
                                           Program as expeditiously as possible.                   the Jobs Act. The Agency received                     number of these small entities.
                                           According to data presented to the                      significant public comments on the                    However, the RFA requires such
                                           Federal Open Market Committee before                    interim final rule that was issued to                 analysis only where notice and
                                           its January 2016 meeting, there is a                    implement this program (see 76 FR                     comment rulemaking is required. As
                                           concerning trend toward tighter credit                  9213, February 17, 2011). SBA                         discussed above, SBA has determined
                                           sentiment by bank officers since the                    considered and discussed these                        that there is good cause to publish this
                                           Debt Refinancing Program expired in                     comments in the final rule that was                   rule without soliciting public comment.
                                           2012. The combination of tighter credit                 published in the Federal Register on                  This rule is, therefore, exempt from the
                                           sentiment and the recent increase in                    October 12, 2011 (76 FR 63151). To                    RFA requirements.
                                           interest rates has made it increasingly                 assist in developing that interim final
                                           difficult for small businesses to find                  rule, the Agency also held a public                   List of Subjects in 13 CFR Part 120
                                           lenders willing to refinance small                      forum on November 17, 2010 in Boston,                   Loan programs—business, Small
                                           business commercial loans. The Debt                     Massachusetts.                                        businesses, Reporting and
                                           Refinancing Program will fill that gap by                 Except for the modifications to the                 recordkeeping requirements.
                                           providing an affordable refinancing                     Debt Refinancing Program made by the                    For the reasons stated in the
                                           product that lenders and the small                      Act, the Agency is not making any other               preamble, SBA amends 13 CFR part 120
                                           business community are eagerly                          substantive changes to the Current                    as follows:
                                           awaiting.                                               Rules, codified at 13 CFR 120.882(g), in
                                              Although this rule is being published                this interim final rule.                              PART 120—BUSINESS LOANS
                                           as an interim final rule, comments are                  Paperwork Reduction Act
                                           solicited from interested members of the                                                                      ■  1. The authority citation for part 120
                                           public. These comments must be                            In order to re-establish the Debt                   is revised to read as follows:
                                           submitted on or before the deadline for                 Refinancing Program, SBA has                            Authority: 15 U.S.C. 634(b)(6), (b)(7),
                                           comments stated in this rule. The SBA                   determined that it is necessary to also               (b)(14), (h), and note, 636(a), (h) and (m), 650,
                                           will consider any comments it receives                  modify two existing collections of                    687(f), 696(3), and 697(a) and (e); Public Law
                                                                                                   information (OMB Control Number                       111–5, 123 Stat. 115, Public Law 111–240,
                                           and the need for making any
                                                                                                   3245–0071, Application for Section 504                124 Stat. 2504; Public Law 114–113, 129 Stat.
                                           amendments as a result of the                                                                                 2242.
                                                                                                   Loans and OMB Control Number 3245-
                                           comments.
                                                                                                   0346, PCLP Quarterly Loan Loss Reserve                ■ 2. Amend § 120.882 by revising
                                           Compliance With Executive Orders                        Report and PCLP Guarantee Request) to                 paragraph (g) introductory text,
                                           12866, 12988, 13132, and 13563, the                     include the requirements to apply for                 paragraphs (g)(3), (g)(10), (g)(13), and
                                           Paperwork Reduction Act (44 U.S.C.,                     and report on debt refinancing loans.                 the second sentence of paragraph (vii) in
                                           Ch. 35), and the Regulatory Flexibility                 These requirements were previously                    the definition of ‘‘Qualified debt’’ in
                                           Act (5 U.S.C. 601–612)                                  part of these collections but were                    paragraph (g)(15)(vii) to read as follows:
                                           Executive Order 12866                                   removed following expiration of the
                                                                                                   temporary Debt Refinancing Program in                 § 120.882   Eligible project costs for 504
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                                             The Office of Management and Budget                   2012. OMB has approved the revised                    loans.
                                           has determined that this rule does not                  collections on an emergency basis to                  *     *     *     *     *
                                           constitute a ‘‘significant regulatory                   enable SBA to move forward with re-                     (g) SBA may approve a Refinancing
                                           action’’ under Executive Order 12866.                   establishing the Debt Refinancing                     Project of a qualified debt subject to the
                                           This rule is also not a major rule under                Program as expeditiously as possible.                 following conditions and requirements:
                                           the Congressional Review Act.                           The Paperwork Reduction Act requires                  *     *     *     *     *


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                                           33126            Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations

                                              (3) The cost to the Federal                          extended March 27, 2014. The Order                       Order on December 27, 2006, adopting
                                           Government of making guarantees under                   remains effective until October 27, 2018.                temporary limits pending the
                                           this subsection (g) and under section                   DATES: This action is effective on May                   completion of the rulemaking.4 This
                                           503 of the Small Business Investment                    25, 2016.                                                Order was amended on November 8,
                                           Act of 1958 (15 U.S.C. 697) during the                  ADDRESSES: Requests may be submitted                     2007, and August 19, 2008.5 On October
                                           fiscal year in which the guarantee is                   by mail to Slot Administration Office,                   10, 2008, the FAA published the
                                           made is zero;                                           AGC–240, Office of the Chief Counsel,                    Congestion Management Rule for
                                           *      *    *     *     *                               800 Independence Avenue SW.,                             LaGuardia Airport, which would have
                                              (10) A CDC must limit the amount of                  Washington, DC 20591, or by email to:                    become effective on December 9, 2008.6
                                           its loans under this paragraph (g) so                   7-awa-slotadmin@faa.gov.                                 That rule was stayed by the U.S. Court
                                           that, during any Federal fiscal year, the                                                                        of Appeals for the District of Columbia
                                                                                                   FOR FURTHER INFORMATION CONTACT: For
                                           amount of the new loans approved                                                                                 Circuit and subsequently rescinded by
                                                                                                   questions concerning this Order contact:
                                           under this paragraph (g) does not exceed                                                                         the FAA.7 The FAA extended the
                                                                                                   Susan Pfingstler, System Operations
                                           50% of the total dollar amount of the                   Services, Air Traffic Organization,                      December 27, 2006, Order placing
                                           CDC’s 504 loans approved (including                     Federal Aviation Administration, 600                     temporary limits on operations at LGA,
                                           the loans approved under this paragraph                 Independence Avenue SW.,                                 as amended, on October 7, 2009,8 on
                                           (g)) during the previous fiscal year. This              Washington, DC 20591; telephone (202)                    April 4, 2011,9 on May 14, 2013,10 and
                                           limitation may be waived upon                           267–6462; email susan.pfingstler@                        on March 27, 2014.11
                                           application by the CDC and upon a                       faa.gov.                                                    Under the Order, as amended, the
                                           determination by SBA that the refinance                                                                          FAA (1) maintains the current hourly
                                                                                                   SUPPLEMENTARY INFORMATION:                               limits on scheduled and unscheduled
                                           loan is needed for good cause.
                                           *      *    *     *     *                               Availability of Rulemaking Documents                     operations at LGA during the peak
                                              (13) The Third Party Loan may not be                                                                          period; (2) imposes an 80 percent
                                                                                                     You may obtain an electronic copy                      minimum usage requirement for
                                           sold on the secondary market as a part                  using the Internet by:
                                           of a pool guaranteed under subpart J of                                                                          Operating Authorizations (OAs) with
                                                                                                     (1) Searching the Federal                              defined exceptions; (3) provides a
                                           this part, or any successor to this                     eRulemaking Portal (http://
                                           program, when the debt being                                                                                     mechanism for withdrawal of OAs for
                                                                                                   www.regulations.gov);                                    FAA operational reasons; (4) provides
                                           refinanced is same institution debt;                      (2) Visiting the FAA’s Regulations and                 for a lottery to reallocate withdrawn,
                                           *      *    *     *     *                               Policies Web page at http://                             surrendered, or unallocated OAs; and
                                              (15) * * *                                           www.faa.gov/regulations_policies/; or                    (5) allows for trades and leases of OAs
                                              Qualified debt * * *                                   (3) Accessing the Government
                                                                                                                                                            for consideration for the duration of the
                                              (vii) * * * For the purposes of this                 Printing Office’s Web page at http://
                                                                                                                                                            Order.
                                           paragraph (vii), ‘‘current on all                       www.gpoaccess.gov/fr/index.html.
                                                                                                                                                               The reasons for issuing the Order
                                           payments due’’ means that no payment                      You also may obtain a copy by
                                                                                                                                                            have not changed appreciably since it
                                           was more than 30 days past due from                     sending a request to the Federal
                                                                                                                                                            was implemented. Runway capacity at
                                           either the original payment terms or                    Aviation Administration, Office of
                                                                                                                                                            LGA remains limited, while demand for
                                           modified payment terms (including                       Rulemaking, ARM–1, 800 Independence
                                                                                                                                                            access to LGA remains high and average
                                           deferments) if such modification was                    Avenue SW., Washington, DC 20591, or
                                                                                                                                                            weekday hourly flights are generally
                                           agreed to in writing by the Borrower and                by calling (202) 267–9680. Make sure to
                                                                                                                                                            scheduled to a level consistent with the
                                           the lender of the existing debt no less                 identify the amendment number or
                                                                                                                                                            limits under this Order. The FAA has
                                           than one year preceding the date of                     docket number of this rulemaking.
                                                                                                                                                            reviewed the on-time and other
                                           application. * * *                                      Background                                               performance metrics in the peak May to
                                           *      *    *     *     *                                                                                        August 2014 and 2015 months and
                                                                                                     The FAA has long limited the number
                                           Maria Contreras-Sweet,                                  of arrivals and departures at LGA during                 found continuing improvements relative
                                           Administrator.                                          peak demand periods through the                          to the same period in 2007.12 Without
                                                                                                   implementation of the High Density                       the operational limitations imposed by
                                           [FR Doc. 2016–12447 Filed 5–23–16; 4:15 pm]
                                                                                                   Rule (HDR), to address constraints based                 this Order, the FAA expects severe
                                           BILLING CODE 8025–01–P
                                                                                                   on LGA’s limited runway capacity.1 By                    congestion-related delays would occur
                                                                                                   statute enacted in April 2000, the HDR’s                 at LGA and at other airports throughout
                                                                                                   applicability to LGA operations                          the National Airspace System (NAS).
                                           DEPARTMENT OF TRANSPORTATION                                                                                     The FAA will continue to monitor
                                                                                                   terminated as of January 1, 2007.2
                                           Federal Aviation Administration                           In anticipation of the HDR’s                           performance and runway capacity at
                                                                                                   expiration, the FAA proposed a long-                     LGA to determine if changes are
                                           14 CFR part 93                                          term rule that would limit the number                    warranted.
                                                                                                   of scheduled and unscheduled
                                           [Docket No.: FAA–2006–25755]                                                                                     Supplemental Notice of Proposed Rulemaking. 73
                                                                                                   operations at LGA.3 The FAA issued an                    FR 20846 (Apr. 17, 2008).
                                           Operating Limitations at New York                          1 33 FR 17896 (Dec. 3, 1968). The FAA codified
                                                                                                                                                              4 71 FR 77854.
                                                                                                                                                              5 72 FR 63224; 73 FR 48428.
                                           Laguardia Airport                                       the rules for operating at high density traffic            6 73 FR 60574, amended by 73 FR 66517 (Nov.
                                                                                                   airports in 14 CFR part 93, subpart K. The HDR
                                           AGENCY:  Federal Aviation                               required carriers to hold a reservation, which came
                                                                                                                                                            10, 2008).
                                                                                                                                                              7 74 FR 52132 (Oct. 9, 2009).
                                           Administration (FAA), DOT.                              to be known as a ‘‘slot,’’ for each takeoff or landing
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                                                                                                                                                              8 74 FR 51653.
                                           ACTION: Extension to order.                             under instrument flight rules at the high density
                                                                                                                                                              9 76 FR 18616, amended by 77 FR 30585 (May 23,
                                                                                                   traffic airports.
                                                                                                      2 Aviation Investment and Reform Act for the 21st     2012).
                                           SUMMARY:  This action extends the Order                                                                            10 78 FR 28278.
                                                                                                   Century (AIR–21), Public Law 106–181 (Apr. 5,
                                           Limiting Operations at New York                         2000), 49 U.S.C. 41715(a)(2).                              11 79 FR 17222.
                                           LaGuardia Airport (LGA) published on                       3 71 FR 51360 (August 29, 2006); Docket FAA–            12 Docket No. FAA–2006–25755 includes a copy

                                           December 27, 2006, and most recently                    2006–25709. The FAA subsequently published a             of the MITRE analysis completed for the FAA.



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Document Created: 2018-02-07 15:03:19
Document Modified: 2018-02-07 15:03:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim final rule with request for comments.
DatesEffective Date: This rule is effective June 24, 2016.
ContactLinda Reilly at [email protected] or 202-205-9949.
FR Citation81 FR 33123 
RIN Number3245-AG79
CFR AssociatedLoan Programs-Business; Small Businesses and Reporting and Recordkeeping Requirements

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