[Federal Register Volume 60, Number 87 (Friday, May 5, 1995)]
[Proposed Rules]
[Pages 22311-22312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11156]



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SMALL BUSINESS ADMINISTRATION

13 CFR Part 122


Business Loans--Microloans

AGENCY: Small Business Administration (SBA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) 
(Act) authorizes the SBA to operate a microloan demonstration program. 
Under this program, the SBA lends funds to qualified intermediaries 
which re-lend amounts of $25,000 or less to eligible small business 
concerns. Under this proposed rule, an intermediary would be allowed to 
operate across State lines with the written approval of the SBA 
Associate Administrator for Financial Assistance if that person makes a 
determination that it would be in the best interest of the small 
business community to allow such intermediary to operate in more than 
one State.

DATES: Comments may be submitted on or before June 5, 1995.

ADDRESSES: Comments may be mailed to John R. Cox, Associate 
Administrator for Financial Assistance, Small Business Administration, 
409 Third Street SW., Washington, DC 20416.

FOR FURTHER INFORMATION CONTACT:
John R. Cox, 202/205-6490.

SUPPLEMENTARY INFORMATION: Section 7(m) of the Act authorizes the SBA 
to undertake a microloan demonstration program in which the SBA lends 
funds to authorized intermediaries which re-lend amounts up through 
$25,000 to eligible small business concerns.
    At the present time, section 122.61-11(a) of SBA's regulations (13 
CFR 122.61-11(a)) provides that ``* * * no intermediary may undertake 
Program activities in more than one State.'' Since section 7(m) of the 
Act does not prohibit a microloan intermediary from conducting its 
operations in more than one State, SBA believes that the present 
regulatory provision is too broad. Circumstances may occur when it 
would be in the best interest of a small business community to 
authorize a microloan intermediary to operate across State lines, and 
this proposed regulation would allow the SBA Associate Administrator 
for Financial Assistance to make a determination in that 
regard. [[Page 22312]] 

Compliance With Executive Orders 12612, 12778 and 12866, the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., and the Paperwork Reduction Act, 
44 U.S.C. Ch. 35

    For purposes of the Regulatory Flexibility Act, 5 U.S.C. 601 et 
seq., SBA certifies that this proposed rule, if promulgated in final 
form, will not have a significant economic impact on a substantial 
number of small entities.
    The SBA certifies that this proposed rule, if promulgated in final 
form, will not constitute a significant regulatory action for the 
purposes of Executive Order 12866, since the proposed change is not 
likely to result in an annual effect on the economy of $100 million or 
more.
    The SBA certifies that the proposed rule, if promulgated in final 
form, would not impose additional reporting or recordkeeping 
requirements which would be subject to the Paperwork Reduction Act, 44 
U.S.C. Chapter 35.
    The SBA certifies that this proposed rule would not have federalism 
implications warranting the preparation of a Federalism Assessment in 
accordance with Executive Order 12612.
    Further, for purposes of Executive Order 12778, SBA certifies that 
this proposed rule, if promulgated in final form, is drafted, to the 
extent practicable, in accordance with the standards set forth in 
section 2 of that Order.

(Catalog of Federal Domestic Assistance Program No. 59.012)

List of Subjects in 13 CFR Part 122

    Loan programs--business, Small businesses.

    Accordingly, pursuant to the authority contained in section 5(b)(6) 
of the Small Business Act (15 U.S.C. 634(b)(6)), SBA proposes to amend 
part 122, chapter I, title 13, Code of Federal Regulations, as follows:

PART 122--BUSINESS LOANS

    1. The authority citation for part 122 would continue to read as 
follows:

    Authority: 15 U.S.C. 634(b)(6), 636(a), 636(m).

    2. Section 122.61-11(a) would be amended by revising the last 
sentence to read as follows:


Sec. 122.61-11  Program procedure.

    (a) Participation of intermediary by State. * * * Further, no 
intermediary may undertake Program activities in more than one State 
unless the SBA Associate Administrator for Financial Assistance 
determines in writing that it would be in the best interest of the 
small business community to operate across State lines.
* * * * *
    Dated: March 31, 1995.
Philip Lader,
Administrator.
[FR Doc. 95-11156 Filed 5-4-95; 8:45 am]
BILLING CODE 8025-01-M