83 FR 48681 - Delegations of Authority: Delegation of Authority No. 12-G (Revision 1), Amendment 1
SMALL BUSINESS ADMINISTRATION Federal Register Volume 83, Issue 187 (September 26, 2018)
Federal Register Volume 83, Issue 187 (September 26, 2018)
| Page Range | 48681-48682 | |
| FR Document | 2018-20865 |
[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)] [Notices] [Pages 48681-48682] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20865] ======================================================================= ----------------------------------------------------------------------- SMALL BUSINESS ADMINISTRATION Delegations of Authority: Delegation of Authority No. 12-G (Revision 1), Amendment 1 AGENCY: U.S. Small Business Administration. ACTION: Notice of Amendment to Delegation of Authority. ----------------------------------------------------------------------- SUMMARY: This document provides the public notice of an amendment to Delegation of Authority No. 12-G (Revision 1) (79 FR 56842, September 23, 2014) (the ``Delegation''), which delegated authority for lender oversight and enforcement activities by the Administrator of the Small Business Administration (``SBA'') to the Director, Office of Credit Risk Management (``D/OCRM''), the Lender Oversight Committee (``LOC''), and the Associate Administrator for Capital Access (``AA/CA''). By this amendment (this ``Amendment''), the Administrator is delegating additional lender oversight authority to the D/OCRM and revising the membership of the LOC consistent with new requirements in The Small Business 7(a) Lending Oversight Reform Act of 2018 (June 21, 2018). This Amendment to the Delegation includes the authority of the D/OCRM to participate in the review and approval of initial applications by 7(a) Lenders and Certified Development Companies (``CDCs'') for delegated lending authorities. This Amendment also provides that the D/ OCRM consult with the Director, Office of Financial Assistance (``D/ FA'') on Community Advantage Pilot Program (``Community Advantage'') authority. Finally, this Amendment implements the new statutory provisions revising LOC membership and voting authority. FOR FURTHER INFORMATION CONTACT: Bethany J. Shana, Office of Credit Risk Management, U.S. Small Business Administration, 409 3rd Street SW, Washington, DC 20416, telephone number: (202) 205-6402 and electronic mail: bethany.shana@sba.gov. SUPPLEMENTARY INFORMATION: This document provides the public notice of an amendment to the Administrator's Delegation of Authority with respect to SBA's lender oversight and enforcement activities. Specifically, this Amendment delegates to the D/OCRM the authority to concur or non-concur on recommendations to the D/FA on initial applications for delegated lending authority, which include initial applications by 7(a) Lenders for participation in the Preferred Lenders Program (``PLP''), SBA Express Program, and Export Express Program, and initial applications by CDCs for participation in the Accredited Lenders Program (``ALP''), including Priority status--a prerequisite to ALP authority, and Premier Certified Lenders Program (``PCLP''). This Amendment further delegates to the D/OCRM the authority to concur or non-concur on recommendations to the Director, Office of Financial Program Operations on initial applications for Authorized CDC Liquidator authority (``ACL'') and other types of delegated lending authority established in the future, unless otherwise provided. In addition, this Amendment requires the D/OCRM to consult with the D/FA on Community Advantage participation determinations. The preceding changes will allow the D/OCRM and D/FA to provide input into determinations on initial applications for delegated lending authority and Community Advantage participation, respectively. This Amendment also implements membership and voting requirements for the LOC set forth in Public Law 115-189, the Small Business 7(a) Lending Oversight Reform Act of 2018 (June 21, 2018). Public Law 115- 189 added Section 48(b) to the Small Business Act, requiring that the LOC consist of at least eight members. Three members of the LOC are to be voting members, two of whom must be career appointees in the Senior Executive Service. The remaining members are to be nonvoting members who serve in an advisory capacity on the LOC. This Amendment designates the following SBA employees as the voting members of the LOC: (i) The Chief Financial Officer, a Senior Executive Service career appointee; (ii) the Associate Administrator for Capital Access, a Senior Executive Service non-career appointee; and (iii) the Associate Administrator for Disaster Assistance, a Senior Executive Service career appointee. The Chief Financial Officer will serve as the LOC Chairperson. This Amendment also updates the Administrator's designation of nonvoting advisory members as set forth below. This Amendment replaces (i) Section I.A.1 of the Delegation in its entirety, which covers delegations of authority to the D/OCRM for delegated lender authority and Community Advantage participation, and (ii) Section I.B.6. of the Delegation in its entirety, which covers LOC membership and voting, as set forth below. All other sections of the Delegation are unchanged and continue in effect. Delegation of Authority No. 12-G (Revision 1), Amendment 1 reads as follows: Delegation of Authority No. 12-G (Revision 1), is amended by revising sections I.A.1. and I.B.6. to read as follows: I. The Administrator of the SBA, pursuant to the authority vested in her by the Small Business Act, 15 U.S.C. 631 et. seq., as amended, and the Small Business Investment Act of 1958, 15 U.S.C. 661 et. seq., as amended, hereby delegates the following authorities: A. To the Director, Office of Credit Risk Management (D/OCRM): 1. Loan Program Delegated Lending Authority and Community Advantage Pilot Program Participation. a. Initial applications for delegated lending authority. To concur or non-concur on recommendations to the Director, Office of Financial Assistance (D/FA) (and, with respect to [[Page 48682]] applications under (vi), to the Director, Office of Financial Program Operations) for approval or denial of initial applications for: (i) Preferred Lenders Program authority of a 7(a) Lender (PLP authority), including PLP-Export Working Capital Program authority (PLP-EWCP authority); (ii) SBA Express authority of a 7(a) Lender (SBA Express authority); (iii) Export Express authority of a 7(a) Lender (Export Express authority); (iv) Accredited Lenders Program authority of a Certified Development Company (CDC) (ALP authority), including to concur or non- concur on recommendations for all Priority CDC status determinations, a prerequisite for ALP authority; (v) Premier Certified Lenders Program authority of a CDC (PCLP authority); (vi) Authorized CDC Liquidator authority of a CDC (ACL authority); and (vii) other types of delegated lending authority established in the future unless otherwise provided (other delegated authority). b. Renewals of delegated lending authority. To approve or decline the renewal of: i. PLP authority, including PLP-EWCP authority; ii. SBA Express authority; iii. Export Express authority; iv. ALP authority; v. PCLP authority; and vi. Other delegated lending authority. c. Community Advantage Pilot Program participation. (i) To approve or decline, in consultation with the D/FA, a lender's application for participation in the Community Advantage Pilot Program (Community Advantage), including delegated lending authority and/or the authority to sell Community Advantage loans on the Secondary Market. (ii) To approve or decline, in consultation with the D/FA, the renewal of a lender's participation in Community Advantage, including delegated lending authority and/or the authority to sell Community Advantage loans on the Secondary Market. d. Reapplications, additional authority and final agency decision. If a renewal request is declined or an SBA Lender's delegated authority expires and the SBA Lender later reapplies, the D/OCRM may approve or decline the request. If an SBA Lender requests additional delegated authority with its renewal request, the D/OCRM may also approve or decline the additional delegated authority request. The D/OCRM's determination on the renewals and Community Advantage authority as set forth in this delegation is the final Agency decision. B. To the Lender Oversight Committee: * * * * * 6. The Lender Oversight Committee will consist of SBA's: (i) Chief Financial Officer (CFO) (Chairperson and voting member); (ii) Associate Administrator for Capital Access (AA/CA) (voting member); (iii) Associate Administrator for Disaster Assistance (AA/DA) (voting member); (iv) D/OCRM (non-voting, recommending advisory member); (v) D/ FA (non-voting advisory member); (vi) Director, Office of Financial Program Operations (non-voting advisory member); (vii) Associate Administrator, Office of Field Operations (non-voting advisory member); and (viii) General Counsel (non-voting advisory member). * * * * * Authority: 5 U.S.C. 302; 15 U.S.C. 631 note; 15 U.S.C. 634; 15 U.S.C. 636; 15 U.S.C. 642; 15 U.S.C. 650; 15 U.S.C. 657t and 657u; 15 U.S.C. 697d, 697e, and 697g; 2 CFR 2700 et. seq. and 13 CFR 120.802. Dated: September 18, 2018. Linda E. McMahon, Administrator. [FR Doc. 2018-20865 Filed 9-25-18; 8:45 am] BILLING CODE 8025-01-P
![Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Notices 48681
subject line if email is used. To help the Office of Credit Risk Management (‘‘D/ OCRM and D/FA to provide input into
Commission process and review your OCRM’’), the Lender Oversight determinations on initial applications
comments more efficiently, please use Committee (‘‘LOC’’), and the Associate for delegated lending authority and
only one method. The Commission will Administrator for Capital Access (‘‘AA/ Community Advantage participation,
post all comments on the Commission’s CA’’). By this amendment (this respectively.
internet website (http://www.sec.gov/ ‘‘Amendment’’), the Administrator is This Amendment also implements
rules/sro.shtml). Copies of the delegating additional lender oversight membership and voting requirements
submission, all subsequent authority to the D/OCRM and revising for the LOC set forth in Public Law 115–
amendments, all written statements the membership of the LOC consistent 189, the Small Business 7(a) Lending
with respect to the proposed rule with new requirements in The Small Oversight Reform Act of 2018 (June 21,
change that are filed with the Business 7(a) Lending Oversight Reform 2018). Public Law 115–189 added
Commission, and all written Act of 2018 (June 21, 2018). This Section 48(b) to the Small Business Act,
communications relating to the Amendment to the Delegation includes requiring that the LOC consist of at least
proposed rule change between the the authority of the D/OCRM to eight members. Three members of the
Commission and any person, other than participate in the review and approval LOC are to be voting members, two of
those that may be withheld from the of initial applications by 7(a) Lenders whom must be career appointees in the
public in accordance with the and Certified Development Companies Senior Executive Service. The
provisions of 5 U.S.C. 552, will be (‘‘CDCs’’) for delegated lending remaining members are to be nonvoting
available for website viewing and authorities. This Amendment also members who serve in an advisory
printing in the Commission’s Public provides that the D/OCRM consult with capacity on the LOC. This Amendment
Reference Room, 100 F Street NE, the Director, Office of Financial designates the following SBA employees
Washington, DC 20549 on official Assistance (‘‘D/FA’’) on Community as the voting members of the LOC: (i)
business days between the hours of Advantage Pilot Program (‘‘Community The Chief Financial Officer, a Senior
10:00 a.m. and 3:00 p.m. Copies of the Advantage’’) authority. Finally, this Executive Service career appointee; (ii)
filing also will be available for Amendment implements the new the Associate Administrator for Capital
inspection and copying at the principal statutory provisions revising LOC Access, a Senior Executive Service non-
office of the Exchange. All comments membership and voting authority. career appointee; and (iii) the Associate
received will be posted without change. FOR FURTHER INFORMATION CONTACT:
Administrator for Disaster Assistance, a
Persons submitting comments are Bethany J. Shana, Office of Credit Risk Senior Executive Service career
cautioned that we do not redact or edit Management, U.S. Small Business appointee. The Chief Financial Officer
personal identifying information from Administration, 409 3rd Street SW, will serve as the LOC Chairperson. This
comment submissions. You should Washington, DC 20416, telephone Amendment also updates the
submit only information that you wish number: (202) 205–6402 and electronic Administrator’s designation of
to make available publicly. All mail: bethany.shana@sba.gov. nonvoting advisory members as set forth
submissions should refer to File below.
SUPPLEMENTARY INFORMATION: This
Number SR–GEMX–2018–32, and This Amendment replaces (i) Section
document provides the public notice of I.A.1 of the Delegation in its entirety,
should be submitted on or before
an amendment to the Administrator’s which covers delegations of authority to
October 17, 2018.
Delegation of Authority with respect to the D/OCRM for delegated lender
For the Commission, by the Division of SBA’s lender oversight and enforcement
Trading and Markets, pursuant to delegated authority and Community Advantage
activities. Specifically, this Amendment participation, and (ii) Section I.B.6. of
authority.24
delegates to the D/OCRM the authority the Delegation in its entirety, which
Brent J. Fields, to concur or non-concur on
Secretary. covers LOC membership and voting, as
recommendations to the D/FA on initial set forth below. All other sections of the
[FR Doc. 2018–20886 Filed 9–25–18; 8:45 am] applications for delegated lending Delegation are unchanged and continue
BILLING CODE 8011–01–P authority, which include initial in effect. Delegation of Authority No.
applications by 7(a) Lenders for 12–G (Revision 1), Amendment 1 reads
participation in the Preferred Lenders as follows:
SMALL BUSINESS ADMINISTRATION Program (‘‘PLP’’), SBA Express Program, Delegation of Authority No. 12–G
and Export Express Program, and initial (Revision 1), is amended by revising
Delegations of Authority: Delegation of applications by CDCs for participation sections I.A.1. and I.B.6. to read as
Authority No. 12–G (Revision 1), in the Accredited Lenders Program follows:
Amendment 1 (‘‘ALP’’), including Priority status—a I. The Administrator of the SBA,
AGENCY: U.S. Small Business prerequisite to ALP authority, and pursuant to the authority vested in her
Administration. Premier Certified Lenders Program by the Small Business Act, 15 U.S.C.
ACTION: Notice of Amendment to
(‘‘PCLP’’). This Amendment further 631 et. seq., as amended, and the Small
Delegation of Authority. delegates to the D/OCRM the authority Business Investment Act of 1958, 15
to concur or non-concur on U.S.C. 661 et. seq., as amended, hereby
SUMMARY: This document provides the recommendations to the Director, Office delegates the following authorities:
public notice of an amendment to of Financial Program Operations on A. To the Director, Office of Credit
Delegation of Authority No. 12–G initial applications for Authorized CDC Risk Management (D/OCRM):
(Revision 1) (79 FR 56842, September Liquidator authority (‘‘ACL’’) and other 1. Loan Program Delegated Lending
daltland on DSKBBV9HB2PROD with NOTICES
23, 2014) (the ‘‘Delegation’’), which types of delegated lending authority Authority and Community Advantage
delegated authority for lender oversight established in the future, unless Pilot Program Participation.
and enforcement activities by the otherwise provided. In addition, this a. Initial applications for delegated
Administrator of the Small Business Amendment requires the D/OCRM to lending authority. To concur or non-
Administration (‘‘SBA’’) to the Director, consult with the D/FA on Community concur on recommendations to the
Advantage participation determinations. Director, Office of Financial Assistance
24 17 CFR 200.30–3(a)(12). The preceding changes will allow the D/ (D/FA) (and, with respect to
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![48682 Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Notices
applications under (vi), to the Director, B. To the Lender Oversight Administrator’s disaster declaration,
Office of Financial Program Operations) Committee: applications for disaster loans may be
for approval or denial of initial * * * * * filed at the address listed above or other
applications for: 6. The Lender Oversight Committee locally announced locations.
(i) Preferred Lenders Program will consist of SBA’s: (i) Chief Financial The following areas have been
authority of a 7(a) Lender (PLP Officer (CFO) (Chairperson and voting determined to be adversely affected by
authority), including PLP–Export member); (ii) Associate Administrator the disaster:
Working Capital Program authority for Capital Access (AA/CA) (voting Primary Counties: Riley.
(PLP–EWCP authority); member); (iii) Associate Administrator Contiguous Counties: Kansas: Clay,
(ii) SBA Express authority of a 7(a) for Disaster Assistance (AA/DA) (voting Geary, Marshall, Pottawatomie,
Lender (SBA Express authority); member); (iv) D/OCRM (non-voting, Wabaunsee, Washington.
(iii) Export Express authority of a 7(a) recommending advisory member); (v) D/ The Interest Rates are:
Lender (Export Express authority); FA (non-voting advisory member); (vi)
(iv) Accredited Lenders Program Percent
Director, Office of Financial Program
authority of a Certified Development
Operations (non-voting advisory For Physical Damage:
Company (CDC) (ALP authority),
member); (vii) Associate Administrator, Homeowners with Credit Avail-
including to concur or non-concur on
recommendations for all Priority CDC Office of Field Operations (non-voting able Elsewhere ...................... 4.000
status determinations, a prerequisite for advisory member); and (viii) General Homeowners without Credit
Counsel (non-voting advisory member). Available Elsewhere .............. 2.000
ALP authority; Businesses with Credit Avail-
(v) Premier Certified Lenders Program * * * * *
able Elsewhere ...................... 7.350
authority of a CDC (PCLP authority); Authority: 5 U.S.C. 302; 15 U.S.C. 631 Businesses without Credit
(vi) Authorized CDC Liquidator note; 15 U.S.C. 634; 15 U.S.C. 636; 15 U.S.C. Available Elsewhere .............. 3.675
authority of a CDC (ACL authority); and 642; 15 U.S.C. 650; 15 U.S.C. 657t and 657u; Non-Profit Organizations with
(vii) other types of delegated lending 15 U.S.C. 697d, 697e, and 697g; 2 CFR 2700 Credit Available Elsewhere ... 2.500
authority established in the future et. seq. and 13 CFR 120.802. Non-Profit Organizations with-
unless otherwise provided (other Dated: September 18, 2018. out Credit Available Else-
delegated authority). where ..................................... 2.500
Linda E. McMahon,
b. Renewals of delegated lending For Economic Injury:
Administrator. Businesses & Small Agricultural
authority. To approve or decline the
[FR Doc. 2018–20865 Filed 9–25–18; 8:45 am] Cooperatives without Credit
renewal of:
i. PLP authority, including PLP– BILLING CODE 8025–01–P Available Elsewhere .............. 3.675
Non-Profit Organizations with-
EWCP authority; out Credit Available Else-
ii. SBA Express authority; where ..................................... 2.500
iii. Export Express authority; SMALL BUSINESS ADMINISTRATION
iv. ALP authority; [Disaster Declaration #15692 and #15693;
v. PCLP authority; and The number assigned to this disaster
Kansas Disaster Number KS–00119] for physical damage is 15692 6 and for
vi. Other delegated lending authority.
c. Community Advantage Pilot economic injury is 15693 0.
Administrative Declaration of a
Program participation. The State which received an EIDL
Disaster for the State of Kansas
(i) To approve or decline, in Declaration # is Kansas.
consultation with the D/FA, a lender’s AGENCY: U.S. Small Business (Catalog of Federal Domestic Assistance
application for participation in the Administration. Number 59008)
Community Advantage Pilot Program ACTION: Notice. Dated: September 14, 2018.
(Community Advantage), including Linda E. McMahon,
delegated lending authority and/or the SUMMARY: This is a notice of an
Administrative declaration of a disaster Administrator.
authority to sell Community Advantage
loans on the Secondary Market. for the State of Kansas dated 09/14/ [FR Doc. 2018–20866 Filed 9–25–18; 8:45 am]
(ii) To approve or decline, in 2018. BILLING CODE 8025–01–P
consultation with the D/FA, the renewal Incident: Flash Flooding, Flooding
of a lender’s participation in and Severe Storms.
Community Advantage, including Incident Period: 09/01/2018 through DEPARTMENT OF TRANSPORTATION
delegated lending authority and/or the 09/03/2018.
authority to sell Community Advantage DATES: Issued on 09/14/2018. Federal Aviation Administration
loans on the Secondary Market. Physical Loan Application Deadline
d. Reapplications, additional Date: 11/13/2018. Agency Information Collection
authority and final agency decision. If a Economic Injury (EIDL) Loan Activities: Requests for Comments;
renewal request is declined or an SBA Application Deadline Date: 06/14/2019. Clearance of Revised Approval of
Lender’s delegated authority expires ADDRESSES: Submit completed loan Information Collection Certification
and the SBA Lender later reapplies, the applications to: U.S. Small Business Procedures for Products and Parts
D/OCRM may approve or decline the Administration, Processing and AGENCY: Federal Aviation
request. If an SBA Lender requests Disbursement Center, 14925 Kingsport Administration (FAA), DOT.
additional delegated authority with its Road, Fort Worth, TX 76155.
ACTION: Notice and request for
daltland on DSKBBV9HB2PROD with NOTICES
renewal request, the D/OCRM may also FOR FURTHER INFORMATION CONTACT: A.
comments.
approve or decline the additional Escobar, Office of Disaster Assistance,
delegated authority request. The D/ U.S. Small Business Administration, SUMMARY: In accordance with the
OCRM’s determination on the renewals 409 3rd Street SW, Suite 6050, Paperwork Reduction Act of 1995, FAA
and Community Advantage authority as Washington, DC 20416, (202) 205–6734. invites public comments about our
set forth in this delegation is the final SUPPLEMENTARY INFORMATION: Notice is intention to request the Office of
Agency decision. hereby given that as a result of the Management and Budget (OMB)
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Document Created: 2018-09-26 00:47:24
Document Modified: 2018-09-26 00:47:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of Amendment to Delegation of Authority. | |
| Contact | Bethany J. Shana, Office of Credit Risk Management, U.S. Small Business Administration, 409 3rd Street SW, Washington, DC 20416, telephone number: (202) 205-6402 and electronic mail: [email protected] | |
| FR Citation | 83 FR 48681 |
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