83_FR_47167 83 FR 46987 - Reporting and Recordkeeping Requirements Under OMB Review

83 FR 46987 - Reporting and Recordkeeping Requirements Under OMB Review

SMALL BUSINESS ADMINISTRATION

Federal Register Volume 83, Issue 180 (September 17, 2018)

Page Range46987-46989
FR Document2018-20180

The Small Business Administration (SBA) is publishing this notice to comply with requirements of the Paperwork Reduction Act (PRA), which requires agencies to submit proposed reporting and recordkeeping requirements to OMB for review and approval, and to publish a notice in the Federal Register notifying the public of that submission.

Federal Register, Volume 83 Issue 180 (Monday, September 17, 2018)
[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Notices]
[Pages 46987-46989]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20180]


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SMALL BUSINESS ADMINISTRATION


Reporting and Recordkeeping Requirements Under OMB Review

AGENCY: Small Business Administration.

ACTION: 30-Day notice.

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SUMMARY: The Small Business Administration (SBA) is publishing this 
notice to comply with requirements of the Paperwork Reduction Act 
(PRA), which requires agencies to submit proposed reporting and 
recordkeeping requirements to OMB for review and approval, and to 
publish a notice in the Federal Register notifying the public of that 
submission.

DATES: Submit comments on or before October 17, 2018.

ADDRESSES: Comments should refer to the information collection by name 
and/or OMB Control Number and should be sent to: Agency Clearance 
Officer, Curtis Rich, Small Business Administration, 409 3rd Street SW, 
5th Floor, Washington, DC 20416; and SBA Desk Officer, Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
New Executive Office Building, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Curtis Rich, Agency Clearance Officer, 
(202) 205-7030 curtis.rich@sba.gov.
    Copies: A copy of the Form OMB 83-1, supporting statement, and 
other documents submitted to OMB for

[[Page 46988]]

review may be obtained from the Agency Clearance Officer.

SUPPLEMENTARY INFORMATION: SBA's Office of Credit Risk Management 
(OCRM) is responsible for the oversight and supervision of the SBA 
operations of approximately 4000 7(a) Lenders, Certified Development 
Companies (``CDCs''), and Microloan Intermediaries 
(``Intermediaries''), that participate in SBA's business loan programs 
and, for enforcement of the applicable rules and regulations. 
Currently, the agency guarantees more than $90 billion dollars in small 
business loans through these programs. The information collection 
described in detail below helps OCRM protect the safety and soundness 
of the business loan programs and taxpayer dollars.
    In general, SBA collects information in connection with PARRiS \1\ 
reviews for 7(a) Federally-regulated Lenders, SMART \2\ reviews for 
CDCs, and PARRiS Safety and Soundness Examinations for SBA Supervised 
Lenders including Small Business Lending Companies (SBLCs) and Non-
Federally Regulated Lenders (NFRLs).\3\ SBA also requests certain 
information when it conducts Delegated Authority Reviews of 7(a) 
Lenders and CDCs, and Microloan Intermediary Site Visits. The 
discussion below identifies the nature of the information to be 
collected for each type of lender and the related review or 
examination. In addition, SBA has created separate lists, which are 
also discussed below, to clearly identify the information to be 
collected.
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    \1\ PARRiS refers to the specific risk components reviewed for 
7(a) Lenders: (i) Portfolio Performance; (ii) Asset Management; 
(iii) Regulatory Compliance; (iv) Risk Management; and (v) Special 
Items.
    \2\ SMART refers to the specific risk components reviewed for 
Certified Development Companies: (i) Solvency and Financial 
Condition; (ii) Management and Board Governance; (iii) Asset Quality 
and Servicing; (iv) Regulatory Compliance; and (v) Technical Issues 
and Mission.
    \3\ SBLCs and NFRLs are defined in 15 U.S.C. 632(r) and 13 CFR 
120.10.
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I. 7(a) Lender and CDC PARRIS and SMART Analytical and Full Reviews and 
Safety and Soundness Exams

A. Common Information Collected

    For all Analytical Reviews, Full Reviews, and Safety and Soundness 
examinations \4\ of 7(a) lenders and CDCs, as applicable, in general, 
SBA requests information related to the lender's or CDC's management 
and operation, eligibility of its SBA loans for SBA guaranty, 
compliance with SBA Loan Program Requirements, credit administration, 
and performance of its SBA loan portfolio.
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    \4\ Safety and Soundness Examinations are only performed on SBA 
Supervised Lenders in the 7(a) program. SBA Supervised Lenders 
include SBA licensed Small Business Lending Companies and Non-
Federally Regulated Lenders as defined in 13 CFR 120.10. Analytical 
Reviews and Full Reviews are performed on 7(a) Lenders and CDCs.
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    1. Management and Operations: The information requested generally 
includes the SBA program organization chart with responsibilities, 
business plan, financial and program audits, evidence of lender 
compliance with regulatory orders and agreements (if applicable and as 
appropriate), and staff training on SBA lending.
    2. Eligibility and Credit Administration: In reviewing these areas, 
SBA primarily requests lender's or CDC's policies, loan sample files; 
independent loan reviews; loan credit scoring and risk rating 
methodologies; and information on loans approved as exceptions to 
policy.
    3. Compliance with Loan Program Requirements: Here, SBA collects 
information on services and fees charged for Third-party vendors,\5\ 
lender's FTA\6\ trust account, and lender's use of the System of Awards 
Management to perform agent due diligence.
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    \5\ For purposes of this notice, Third-party vendors include, 
for example, Loan Agents (e.g., Packagers and Lender Service 
Providers) and Professional Managers with management contracts.
    \6\ FTA refers to SBA's Fiscal and Transfer Agent. 7(a) Lenders 
that sell SBA loans in the Secondary Market are required by the 
terms of the Form 1086, Secondary Participation Guaranty Agreement, 
to deposit the guaranteed portion of loan payments in a segregated 
account for the benefit of investors.
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    4. Portfolio Performance: In considering lender or CDC portfolio 
performance, SBA requests that lenders provide a listing of loans 
indicating those past due, those with servicing actions, individual 
risk ratings, and those in liquidation or purchased for SBA to compare 
with SBA data. SBA also requests that lenders provide an explanation 
for risks identified (e.g., identified by high risk metrics or PARRiS 
flags triggered).
    Further detail on the information SBA collects in Analytical and 
Full Reviews and Safety and Soundness Exams is contained in the SBA 
Supervised Lender Safety and Soundness Examination/Full Review 
Information Request; 7(a) Lender PARRiS Analytical Review Information 
Request; CDC SMART Analytical Review Information Request; 7(a) Lender 
PARRiS Full Review Information Request; and, CDC SMART Full Review 
Information Request. Each Information Request document is available 
upon request.

B. SBA Supervised Lender Supplemental Information for Safety and 
Soundness Exams

    SBA is the primary federal regulator for SBA licensed SBLCs and 
NFRLs that participate in the 7(a) program.\7\ Because SBA is the 
primary federal regulator, SBA performs comprehensive exams that 
require information in addition to that referenced in Section I.A. 
Specifically, for SBA Supervised Lender examinations, SBA additionally 
requests corporate governance documents and information on the lender's 
financial condition, internal controls and risk mitigation. SBA also 
requests information on higher risk loans, payments related to loans in 
loan sample, fidelity insurance, credit scoring model validation and 
lender self-testing for compliance with SBA Loan Program Requirements. 
SBA Supervised Lender safety and soundness examinations include review 
of capital, earnings, and liquidity in accordance with 13 CFR 
120.1050(b) and accordingly, SBA requests information on the lender's 
financing, asset account calculations, and dividend policy. Further 
detail on the information that SBA requests for SBA Supervised Lender 
examinations is contained in SBA Supervised Lender Safety and Soundness 
Examination/Full Review Information Request. This document is available 
upon request.
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    \7\ SBA Supervised Lenders are a relatively small subset of 7(a) 
Lenders. 7(a) Lenders include SBA Supervised Lenders and Federally 
Regulated 7(a) Lenders (i.e., those lenders regulated by the federal 
bank regulators--Federal Deposit Insurance Corporation, the Office 
of the Comptroller of the Currency, the Federal Reserve Board, the 
National Credit Union Administration, and the Farm Credit 
Administration).
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C. CDC Supplemental Information

    SBA is also the primary federal regulator for CDCs. SBA guarantees 
100% of 504 program debentures. Therefore, SBA also requests additional 
information to prudently oversee CDCs, as it does for SBA Supervised 
Lenders. The additional information generally requested includes 
corporate governance documents and information on lender's financial 
condition, internal controls and risk mitigation practices, and the 
CDC's plan for investment in other local economic development. In 
addition, SBA requests, as applicable, information on a CDC's Premier 
Certified Lenders Program (PCLP) Loan Loss Reserve Account and loans 
that a CDC packages for other 7(a) lenders. You may request a copy of 
the CDC SMART Analytical Review Information Request and CDC SMART Full 
Review

[[Page 46989]]

Information Request for more details on this supplemental information 
request.

I. 7(a) Lender and CDC Delegated Authority Reviews

    SBA collects information for Delegated Authority Reviews performed, 
in general, every two years for lenders applying or reapplying to SBA's 
Delegated Authority Programs (e.g., Preferred Lender Program for 7(a) 
Lenders and Accredited Lender Program or PCLP for CDCs).\8\ If a lender 
is scheduled to receive an Analytical or Full Review or a Safety and 
Soundness Examination during the same review cycle as a Delegated 
Authority Review, generally SBA will coordinate the timing of the 
reviews and the related information collections to lessen the burden.
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    \8\ Through SBA's Delegated Authority programs, qualified 
lenders may process SBA loans with further autonomy and reduced 
paperwork than through regular SBA loan processing.
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    For 7(a) delegated authority reviews, SBA requests information on 
organizational changes, staff training and experience, lender 
explanation for risk indicators triggered, lender risk mitigation 
efforts, lender's financial condition, lender's deficiencies underlying 
regulatory orders (if applicable and as appropriate), and loan sample 
files (as requested).
    For CDC delegated authority reviews, SBA requests corporate 
governance documents and additional information on organization/staff, 
financial condition, internal controls and risk mitigation. SBA also 
requests a CDC's policies including its no-adverse-change 
determination, loan reviews, and lender explanation for its higher risk 
metrics.
    For more detail on Delegated Authority Review collections, you may 
request a copy of the 7(a) Lender Nomination for Delegated Authority 
Information Request; and, the ALP/PCLP Renewal Guide and Information 
Request.

II. Microloan Intermediary Reviews

    For Microloan Program Intermediary oversight, SBA District Offices 
perform an annual site visit for active Intermediaries. SBA requests 
information on SBA program management and operations including 
organizational chart with responsibilities, business plan, staff 
training on SBA lending, and risk mitigation practices. SBA primarily 
reviews the Intermediary's credit administration through a loan sample 
file request. Specifics on the information collected are contained in 
SBA's Microloan Intermediary Site Visit/Review Information Request 
document, a copy of which is available upon request.

III. Other Reviews, Corrective Action Plans, and Increased Supervision 
for 7(a) Lenders, CDCs, and Intermediaries

    SBA may pose additional information requests for its Other 
Reviews,\9\ generally of higher risk lenders. For example, for 7(a) 
lenders under a public regulatory order or agreement, SBA may request 
information relating to the status of the underlying deficiencies, as 
appropriate, or request loan files for SBA to review to mitigate risk 
before the loan can be sold into the secondary market. SBA may also 
request corrective action plans from lenders following reviews where 
findings and deficiencies are identified. Finally, SBA may request 
additional information of lenders under increased supervision. However, 
information requests for increased supervision tend to be lender 
specific.
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    \9\ Other Reviews may include, for example, Secondary Market 
loan reviews, reviews of lender self-assessments, or Agreed Upon 
Procedures Reviews performed by third-party practitioners or an 
independent office within the Lender to which SBA and the Lender 
agree, that follow a review protocol as prescribed or approved by 
SBA.
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    In general, for information that has already been provided by a 
7(a) lender, a CDC, or a Microloan Intermediary but is unchanged, a 
lender may certify that the information was already provided and is 
unchanged in lieu of resubmitting the information. The certification 
must also state to whom and on what date the information was provided 
to SBA.

Summary of Information Collection

    Title: SBA Lender and Microloan Intermediary Reporting Requirements 
OMB Control Number: 3245-0365.
    Description of Respondents: SBA 7(A) Lenders, Certified Development 
Companies, and Microloan Intermediary lenders.
    Form Numbers: N/A.
    Total Estimated Annual Responses: 1,861.
    Total Estimated Annual Hour Burden: 14,573.

Solicitation of Public Comments

    Comments may be submitted on (a) whether the collection of 
information is necessary for the agency to properly perform its 
functions; (b) whether the burden estimates are accurate; (c) whether 
there are ways to minimize the burden, including through the use of 
automated techniques or other forms of information technology; and (d) 
whether there are ways to enhance the quality, utility, and clarity of 
the information.

Curtis Rich,
Management Analyst.
[FR Doc. 2018-20180 Filed 9-14-18; 8:45 am]
 BILLING CODE 8025-01-P



                                                                            Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices                                                 46987

                                               similar products as their counterparts                    therefore waives the 30-day operative                 printing in the Commission’s Public
                                               on other exchanges, while at the same                     delay and designates the proposed rule                Reference Room, 100 F Street NE,
                                               time allowing the Exchange to continue                    change to be operative upon filing.21                 Washington, DC 20549, on official
                                               to compete for order flow with other                         At any time within 60 days of the                  business days between the hours of
                                               exchanges in option issues.                               filing of such proposed rule change, the              10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                         Commission summarily may                              filing also will be available for
                                               C. Self-Regulatory Organization’s                         temporarily suspend such rule change if
                                               Statement on Comments on the                                                                                    inspection and copying at the principal
                                                                                                         it appears to the Commission that such                office of the Exchange. All comments
                                               Proposed Rule Change Received From                        action is necessary or appropriate in the
                                               Members, Participants, or Others                                                                                received will be posted without change.
                                                                                                         public interest, for the protection of                Persons submitting comments are
                                                 Written comments were neither                           investors, or otherwise in furtherance of             cautioned that we do not redact or edit
                                               solicited nor received.                                   the purposes of the Act. If the                       personal identifying information from
                                               III. Date of Effectiveness of the                         Commission takes such action, the                     comment submissions. You should
                                               Proposed Rule Change and Timing for                       Commission shall institute proceedings                submit only information that you wish
                                               Commission Action                                         under Section 19(b)(2)(B) 22 of the Act to            to make available publicly. All
                                                                                                         determine whether the proposed rule                   submissions should refer to File
                                                  The Exchange has filed the proposed                    change should be approved or                          Number SR–PEARL–2018–18 and
                                               rule change pursuant to Section                           disapproved.                                          should be submitted on or before
                                               19(b)(3)(A)(iii) of the Act 15 and Rule
                                                                                                         IV. Solicitation of Comments                          October 9, 2018.
                                               19b–4(f)(6) thereunder.16 Because the
                                               proposed rule change does not: (i)                          Interested persons are invited to                     For the Commission, by the Division of
                                               Significantly affect the protection of                    submit written data, views, and                       Trading and Markets, pursuant to delegated
                                               investors or the public interest; (ii)                                                                          authority.23
                                                                                                         arguments concerning the foregoing,
                                               impose any significant burden on                          including whether the proposed rule                   Eduardo A. Aleman,
                                               competition; and (iii) become operative                   change is consistent with the Act.                    Assistant Secretary.
                                               prior to 30 days from the date on which                   Comments may be submitted by any of                   [FR Doc. 2018–20191 Filed 9–14–18; 8:45 am]
                                               it was filed, or such shorter time as the                 the following methods:                                BILLING CODE 8011–01–P
                                               Commission may designate, if
                                               consistent with the protection of                         Electronic Comments
                                               investors and the public interest, the                      • Use the Commission’s internet                     SMALL BUSINESS ADMINISTRATION
                                               proposed rule change has become                           comment form (http://www.sec.gov/
                                               effective pursuant to Section 19(b)(3)(A)                 rules/sro.shtml); or                                  Reporting and Recordkeeping
                                               of the Act and Rule 19b–4(f)(6)(iii)                        • Send an email to rule-comments@                   Requirements Under OMB Review
                                               thereunder.17                                             sec.gov. Please include File Number SR–
                                                  A proposed rule change filed under                     PEARL–2018–18 on the subject line.                    AGENCY:      Small Business Administration.
                                               Rule 19b–4(f)(6) 18 normally does not                                                                           ACTION:     30-Day notice.
                                                                                                         Paper Comments
                                               become operative prior to 30 days after
                                               the date of the filing. However, pursuant                   • Send paper comments in triplicate                 SUMMARY:   The Small Business
                                                                                                         to Secretary, Securities and Exchange                 Administration (SBA) is publishing this
                                               to Rule 19b4(f)(6)(iii),19 the Commission
                                                                                                         Commission, 100 F Street NE,                          notice to comply with requirements of
                                               may designate a shorter time if such                                                                            the Paperwork Reduction Act (PRA),
                                               action is consistent with the protection                  Washington, DC 20549–1090.
                                                                                                         All submissions should refer to File                  which requires agencies to submit
                                               of investors and the public interest. The                                                                       proposed reporting and recordkeeping
                                               Exchange has asked the Commission to                      Number SR–PEARL–2018–18. This file
                                                                                                         number should be included on the                      requirements to OMB for review and
                                               waive the 30-day operative delay so that                                                                        approval, and to publish a notice in the
                                               the proposal may become operative                         subject line if email is used. To help the
                                                                                                         Commission process and review your                    Federal Register notifying the public of
                                               immediately upon filing. The                                                                                    that submission.
                                               Commission notes that the Exchange’s                      comments more efficiently, please use
                                                                                                         only one method. The Commission will                  DATES: Submit comments on or before
                                               proposal would conform the Exchange’s
                                               rules to the amended OLPP, which the                      post all comments on the Commission’s                 October 17, 2018.
                                               Commission previously approved.20                         internet website (http://www.sec.gov/                 ADDRESSES: Comments should refer to
                                               Accordingly, the Commission believes                      rules/sro.shtml). Copies of the                       the information collection by name and/
                                               that the proposal raises no new or novel                  submission, all subsequent                            or OMB Control Number and should be
                                               regulatory issues and waiver of the 30-                   amendments, all written statements                    sent to: Agency Clearance Officer, Curtis
                                               day operative delay is consistent with                    with respect to the proposed rule                     Rich, Small Business Administration,
                                               the protection of investors and the                       change that are filed with the                        409 3rd Street SW, 5th Floor,
                                               public interest. The Commission                           Commission, and all written                           Washington, DC 20416; and SBA Desk
                                                                                                         communications relating to the                        Officer, Office of Information and
                                                 15 15  U.S.C. 78s(b)(3)(A)(iii).                        proposed rule change between the                      Regulatory Affairs, Office of
                                                 16 17  CFR 240.19b–4(f)(6).                             Commission and any person, other than                 Management and Budget, New
                                                  17 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                         those that may be withheld from the                   Executive Office Building, Washington,
                                               4(f)(6)(iii) requires a self-regulatory organization to   public in accordance with the                         DC 20503.
                                               give the Commission written notice of its intent to
                                               file the proposed rule change, along with a brief         provisions of 5 U.S.C. 552, will be                   FOR FURTHER INFORMATION CONTACT:
daltland on DSKBBV9HB2PROD with NOTICES




                                               description and text of the proposed rule change,         available for website viewing and                     Curtis Rich, Agency Clearance Officer,
                                               at least five business days prior to the date of filing                                                         (202) 205–7030 curtis.rich@sba.gov.
                                               of the proposed rule change, or such shorter time            21 For purposes only of waiving the 30-day
                                               as designated by the Commission. The Exchange
                                                                                                                                                                  Copies: A copy of the Form OMB 83–
                                                                                                         operative delay, the Commission has also
                                               has satisfied this requirement.                           considered the proposed rule’s impact on
                                                                                                                                                               1, supporting statement, and other
                                                  18 17 CFR 240.19b–4(f)(6).
                                                                                                         efficiency, competition, and capital formation. See   documents submitted to OMB for
                                                  19 17 CFR 240.19b–4(f)(6)(iii).                        15 U.S.C. 78c(f).
                                                  20 See OLPP Notice, supra note 3.                         22 15 U.S.C. 78s(b)(2)(B).                           23 17   CFR 200.30–3(a)(12).



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                                               46988                      Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices

                                               review may be obtained from the                         eligibility of its SBA loans for SBA                    B. SBA Supervised Lender
                                               Agency Clearance Officer.                               guaranty, compliance with SBA Loan                      Supplemental Information for Safety
                                               SUPPLEMENTARY INFORMATION: SBA’s                        Program Requirements, credit                            and Soundness Exams
                                               Office of Credit Risk Management                        administration, and performance of its
                                                                                                                                                                  SBA is the primary federal regulator
                                               (OCRM) is responsible for the oversight                 SBA loan portfolio.
                                                                                                                                                               for SBA licensed SBLCs and NFRLs that
                                               and supervision of the SBA operations                      1. Management and Operations: The                    participate in the 7(a) program.7
                                               of approximately 4000 7(a) Lenders,                     information requested generally                         Because SBA is the primary federal
                                               Certified Development Companies                         includes the SBA program organization                   regulator, SBA performs comprehensive
                                               (‘‘CDCs’’), and Microloan Intermediaries                chart with responsibilities, business                   exams that require information in
                                               (‘‘Intermediaries’’), that participate in               plan, financial and program audits,                     addition to that referenced in Section
                                               SBA’s business loan programs and, for                   evidence of lender compliance with                      I.A. Specifically, for SBA Supervised
                                               enforcement of the applicable rules and                 regulatory orders and agreements (if                    Lender examinations, SBA additionally
                                               regulations. Currently, the agency                      applicable and as appropriate), and staff               requests corporate governance
                                               guarantees more than $90 billion dollars                                                                        documents and information on the
                                                                                                       training on SBA lending.
                                               in small business loans through these                                                                           lender’s financial condition, internal
                                               programs. The information collection                       2. Eligibility and Credit
                                                                                                       Administration: In reviewing these                      controls and risk mitigation. SBA also
                                               described in detail below helps OCRM                                                                            requests information on higher risk
                                               protect the safety and soundness of the                 areas, SBA primarily requests lender’s
                                                                                                                                                               loans, payments related to loans in loan
                                               business loan programs and taxpayer                     or CDC’s policies, loan sample files;
                                                                                                                                                               sample, fidelity insurance, credit
                                               dollars.                                                independent loan reviews; loan credit
                                                                                                                                                               scoring model validation and lender
                                                  In general, SBA collects information                 scoring and risk rating methodologies;
                                                                                                                                                               self-testing for compliance with SBA
                                               in connection with PARRiS 1 reviews for                 and information on loans approved as                    Loan Program Requirements. SBA
                                               7(a) Federally-regulated Lenders,                       exceptions to policy.                                   Supervised Lender safety and
                                               SMART 2 reviews for CDCs, and PARRiS                       3. Compliance with Loan Program                      soundness examinations include review
                                               Safety and Soundness Examinations for                   Requirements: Here, SBA collects                        of capital, earnings, and liquidity in
                                               SBA Supervised Lenders including                        information on services and fees                        accordance with 13 CFR 120.1050(b)
                                               Small Business Lending Companies                        charged for Third-party vendors,5                       and accordingly, SBA requests
                                               (SBLCs) and Non-Federally Regulated                     lender’s FTA6 trust account, and                        information on the lender’s financing,
                                               Lenders (NFRLs).3 SBA also requests                     lender’s use of the System of Awards                    asset account calculations, and dividend
                                               certain information when it conducts                                                                            policy. Further detail on the information
                                                                                                       Management to perform agent due
                                               Delegated Authority Reviews of 7(a)                                                                             that SBA requests for SBA Supervised
                                                                                                       diligence.
                                               Lenders and CDCs, and Microloan                                                                                 Lender examinations is contained in
                                               Intermediary Site Visits. The discussion                   4. Portfolio Performance: In
                                                                                                       considering lender or CDC portfolio                     SBA Supervised Lender Safety and
                                               below identifies the nature of the                                                                              Soundness Examination/Full Review
                                               information to be collected for each type               performance, SBA requests that lenders
                                                                                                                                                               Information Request. This document is
                                               of lender and the related review or                     provide a listing of loans indicating
                                                                                                                                                               available upon request.
                                               examination. In addition, SBA has                       those past due, those with servicing
                                               created separate lists, which are also                  actions, individual risk ratings, and                   C. CDC Supplemental Information
                                               discussed below, to clearly identify the                those in liquidation or purchased for
                                                                                                       SBA to compare with SBA data. SBA                         SBA is also the primary federal
                                               information to be collected.
                                                                                                                                                               regulator for CDCs. SBA guarantees
                                                                                                       also requests that lenders provide an
                                               I. 7(a) Lender and CDC PARRIS and                                                                               100% of 504 program debentures.
                                                                                                       explanation for risks identified (e.g.,
                                               SMART Analytical and Full Reviews                                                                               Therefore, SBA also requests additional
                                                                                                       identified by high risk metrics or
                                               and Safety and Soundness Exams                                                                                  information to prudently oversee CDCs,
                                                                                                       PARRiS flags triggered).
                                                                                                                                                               as it does for SBA Supervised Lenders.
                                               A. Common Information Collected                            Further detail on the information SBA                The additional information generally
                                                 For all Analytical Reviews, Full                      collects in Analytical and Full Reviews                 requested includes corporate
                                               Reviews, and Safety and Soundness                       and Safety and Soundness Exams is                       governance documents and information
                                               examinations 4 of 7(a) lenders and CDCs,                contained in the SBA Supervised                         on lender’s financial condition, internal
                                               as applicable, in general, SBA requests                 Lender Safety and Soundness                             controls and risk mitigation practices,
                                               information related to the lender’s or                  Examination/Full Review Information                     and the CDC’s plan for investment in
                                               CDC’s management and operation,                         Request; 7(a) Lender PARRiS Analytical                  other local economic development. In
                                                                                                       Review Information Request; CDC                         addition, SBA requests, as applicable,
                                                  1 PARRiS refers to the specific risk components
                                                                                                       SMART Analytical Review Information                     information on a CDC’s Premier
                                               reviewed for 7(a) Lenders: (i) Portfolio Performance;
                                               (ii) Asset Management; (iii) Regulatory Compliance;
                                                                                                       Request; 7(a) Lender PARRiS Full                        Certified Lenders Program (PCLP) Loan
                                               (iv) Risk Management; and (v) Special Items.            Review Information Request; and, CDC                    Loss Reserve Account and loans that a
                                                  2 SMART refers to the specific risk components       SMART Full Review Information                           CDC packages for other 7(a) lenders.
                                               reviewed for Certified Development Companies: (i)       Request. Each Information Request                       You may request a copy of the CDC
                                               Solvency and Financial Condition; (ii) Management                                                               SMART Analytical Review Information
                                               and Board Governance; (iii) Asset Quality and
                                                                                                       document is available upon request.
                                               Servicing; (iv) Regulatory Compliance; and (v)                                                                  Request and CDC SMART Full Review
                                               Technical Issues and Mission.                              5 For purposes of this notice, Third-party vendors
daltland on DSKBBV9HB2PROD with NOTICES




                                                  3 SBLCs and NFRLs are defined in 15 U.S.C.           include, for example, Loan Agents (e.g., Packagers        7 SBA Supervised Lenders are a relatively small
                                               632(r) and 13 CFR 120.10.                               and Lender Service Providers) and Professional          subset of 7(a) Lenders. 7(a) Lenders include SBA
                                                  4 Safety and Soundness Examinations are only         Managers with management contracts.                     Supervised Lenders and Federally Regulated 7(a)
                                               performed on SBA Supervised Lenders in the 7(a)            6 FTA refers to SBA’s Fiscal and Transfer Agent.     Lenders (i.e., those lenders regulated by the federal
                                               program. SBA Supervised Lenders include SBA             7(a) Lenders that sell SBA loans in the Secondary       bank regulators—Federal Deposit Insurance
                                               licensed Small Business Lending Companies and           Market are required by the terms of the Form 1086,      Corporation, the Office of the Comptroller of the
                                               Non-Federally Regulated Lenders as defined in 13        Secondary Participation Guaranty Agreement, to          Currency, the Federal Reserve Board, the National
                                               CFR 120.10. Analytical Reviews and Full Reviews         deposit the guaranteed portion of loan payments in      Credit Union Administration, and the Farm Credit
                                               are performed on 7(a) Lenders and CDCs.                 a segregated account for the benefit of investors.      Administration).



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                                                                         Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices                                                  46989

                                               Information Request for more details on                 document, a copy of which is available                there are ways to enhance the quality,
                                               this supplemental information request.                  upon request.                                         utility, and clarity of the information.
                                               I. 7(a) Lender and CDC Delegated                        III. Other Reviews, Corrective Action                 Curtis Rich,
                                               Authority Reviews                                       Plans, and Increased Supervision for                  Management Analyst.
                                                  SBA collects information for                         7(a) Lenders, CDCs, and Intermediaries                [FR Doc. 2018–20180 Filed 9–14–18; 8:45 am]
                                               Delegated Authority Reviews                                                                                   BILLING CODE 8025–01–P
                                               performed, in general, every two years                     SBA may pose additional information
                                               for lenders applying or reapplying to                   requests for its Other Reviews,9
                                               SBA’s Delegated Authority Programs                      generally of higher risk lenders. For                 DEPARTMENT OF STATE
                                               (e.g., Preferred Lender Program for 7(a)                example, for 7(a) lenders under a public
                                                                                                       regulatory order or agreement, SBA may                [Public Notice: 10545]
                                               Lenders and Accredited Lender Program
                                               or PCLP for CDCs).8 If a lender is                      request information relating to the status
                                                                                                                                                             Notice of Intent To Prepare a
                                               scheduled to receive an Analytical or                   of the underlying deficiencies, as
                                                                                                                                                             Supplemental Environmental Impact
                                               Full Review or a Safety and Soundness                   appropriate, or request loan files for
                                                                                                                                                             Statement for the Proposed Keystone
                                               Examination during the same review                      SBA to review to mitigate risk before the
                                                                                                                                                             XL Pipeline Mainline Alternative Route
                                               cycle as a Delegated Authority Review,                  loan can be sold into the secondary                   in Nebraska
                                               generally SBA will coordinate the                       market. SBA may also request corrective
                                               timing of the reviews and the related                   action plans from lenders following                   ACTION:   Notice of intent.
                                               information collections to lessen the                   reviews where findings and deficiencies
                                               burden.                                                 are identified. Finally, SBA may request              SUMMARY:    The U.S. Department of State
                                                  For 7(a) delegated authority reviews,                additional information of lenders under               (Department) issues this Notice of Intent
                                               SBA requests information on                             increased supervision. However,                       (NOI) to announce that it will prepare
                                               organizational changes, staff training                  information requests for increased                    a Supplemental Environmental Impact
                                               and experience, lender explanation for                  supervision tend to be lender specific.               Statement (SEIS)—consistent with the
                                               risk indicators triggered, lender risk                                                                        National Environmental Policy Act
                                                                                                          In general, for information that has               (NEPA) of 1969—to analyze the
                                               mitigation efforts, lender’s financial
                                                                                                       already been provided by a 7(a) lender,               potential environmental impacts of the
                                               condition, lender’s deficiencies
                                               underlying regulatory orders (if                        a CDC, or a Microloan Intermediary but                Keystone XL Mainline Alternative Route
                                               applicable and as appropriate), and loan                is unchanged, a lender may certify that               (MAR).
                                               sample files (as requested).                            the information was already provided                  FOR FURTHER INFORMATION CONTACT:
                                                  For CDC delegated authority reviews,                 and is unchanged in lieu of resubmitting              Detailed records on the proposed Project
                                               SBA requests corporate governance                       the information. The certification must               are available at: https://
                                               documents and additional information                    also state to whom and on what date the               keystonepipeline-xl.state.gov.
                                               on organization/staff, financial                        information was provided to SBA.                         Marko Velikonja, Keystone XL
                                               condition, internal controls and risk                                                                         Program Manager, Office of
                                                                                                       Summary of Information Collection
                                               mitigation. SBA also requests a CDC’s                                                                         Environmental Quality and
                                               policies including its no-adverse-change                  Title: SBA Lender and Microloan                     Transboundary Issues, U.S. Department
                                               determination, loan reviews, and lender                 Intermediary Reporting Requirements                   of State, 2201 C Street NW, Washington
                                               explanation for its higher risk metrics.                OMB Control Number: 3245–0365.                        DC 20520. (202) 647–4828,
                                                  For more detail on Delegated                                                                               VelikonjaMG@state.gov.
                                               Authority Review collections, you may                     Description of Respondents: SBA 7(A)
                                                                                                                                                             SUPPLEMENTARY INFORMATION: On
                                               request a copy of the 7(a) Lender                       Lenders, Certified Development                        January 26, 2017, TransCanada
                                               Nomination for Delegated Authority                      Companies, and Microloan Intermediary                 Keystone Pipeline, L.P. (TransCanada)
                                               Information Request; and, the ALP/                      lenders.                                              resubmitted its 2012 Presidential permit
                                               PCLP Renewal Guide and Information                        Form Numbers: N/A.                                  application for the border facilities for
                                               Request.                                                  Total Estimated Annual Responses:                   the proposed Keystone XL Pipeline. The
                                               II. Microloan Intermediary Reviews                      1,861.                                                Under Secretary of State for Political
                                                                                                                                                             Affairs determined that issuance of a
                                                  For Microloan Program Intermediary                     Total Estimated Annual Hour Burden:                 Presidential permit to TransCanada to
                                               oversight, SBA District Offices perform                 14,573.                                               construct, connect, operate, and
                                               an annual site visit for active                                                                               maintain pipeline facilities at the
                                                                                                       Solicitation of Public Comments
                                               Intermediaries. SBA requests                                                                                  northern border of the United States to
                                               information on SBA program                                Comments may be submitted on (a)                    transport crude oil from Canada to the
                                               management and operations including                     whether the collection of information is              United States would serve the national
                                               organizational chart with                               necessary for the agency to properly                  interest. Accordingly, on March 23,
                                               responsibilities, business plan, staff                  perform its functions; (b) whether the                2017, the Under Secretary issued a
                                               training on SBA lending, and risk                       burden estimates are accurate; (c)                    Presidential permit to TransCanada for
                                               mitigation practices. SBA primarily                     whether there are ways to minimize the                the Keystone XL Pipeline border
                                               reviews the Intermediary’s credit                       burden, including through the use of                  facilities. Subsequently, on November
                                               administration through a loan sample                    automated techniques or other forms of                20, 2017, the Nebraska Public Service
                                               file request. Specifics on the                          information technology; and (d) whether               Commission approved the Mainline
daltland on DSKBBV9HB2PROD with NOTICES




                                               information collected are contained in                                                                        Alternative Route for that pipeline in
                                               SBA’s Microloan Intermediary Site                         9 Other Reviews may include, for example,           the State of Nebraska. TransCanada’s
                                               Visit/Review Information Request                        Secondary Market loan reviews, reviews of lender      application to the Bureau of Land
                                                                                                       self-assessments, or Agreed Upon Procedures           Management for a right-of-way remains
                                                 8 Through SBA’s Delegated Authority programs,         Reviews performed by third-party practitioners or
                                               qualified lenders may process SBA loans with            an independent office within the Lender to which      pending with that agency.
                                               further autonomy and reduced paperwork than             SBA and the Lender agree, that follow a review           On May 25, 2018, the Department
                                               through regular SBA loan processing.                    protocol as prescribed or approved by SBA.            issued a Notice of Intent to Prepare an


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Document Created: 2018-09-15 01:37:18
Document Modified: 2018-09-15 01:37:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
Action30-Day notice.
DatesSubmit comments on or before October 17, 2018.
ContactCurtis Rich, Agency Clearance Officer, (202) 205-7030 [email protected]
FR Citation83 FR 46987 

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