[Federal Register Volume 60, Number 159 (Thursday, August 17, 1995)]
[Proposed Rules]
[Page 42817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20432]



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SMALL BUSINESS ADMINISTRATION

13 CFR Part 116


Policies of General Application

AGENCY: Small Business Administration.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would raise from $500,000 to $1.5 million 
the ceiling for SBA loan assistance that SBA officials with properly 
delegated authority may determine on a case-by-case basis is not 
subject to the full review and decision-making process to determine 
adverse effects or incompatible development on wetlands or in a 
floodplain required by Executive Orders 11988 (42 FR 26951) and 11990 
(42 FR 26961).

DATES: Comments must be submitted on or before September 18, 1995.

ADDRESSES: Written comments may be sent to Associate Administrator for 
Disaster Assistance, Small Business Administration, 409 3rd Street 
S.W., Suite 6050, Washington, D.C. 20416.

FOR FURTHER INFORMATION CONTACT: Bernard Kulik, Associate Administrator 
for Disaster Assistance. Telephone (202) 205-6734.

SUPPLEMENTARY INFORMATION: Part 116 of chapter 1, 13 CFR contains 
policies of general application for specified SBA programs. Subpart D 
thereof prescribes the policies and procedures for implementing 
Executive Orders 11988 (42 FR 26951) and 11990 (42 FR 26961), which 
relate to floodplain management and the protection of wetlands. Section 
116.32(a)(6) provides that full implementation of the Executive Orders 
may be waived on a case-by-case basis in instances of actions that 
typically do not create adverse effects or incompatible development on 
wetlands and floodplains. All SBA loan assistance of $500,000 or less 
is included among these types of actions. Applicants for these loans 
are relieved of the need to supply SBA with the necessary information 
and studies for the implementation of the prescribed decision-making 
process, reducing the cost and the time required to process such loans. 
This $500,000 loan limit reflects the SBA disaster loan ceiling for any 
one disaster as it existed prior to April 1, 1993, and the ceiling on 
SBA business loan assistance as it existed prior to 1988.
    This proposed rule would increase the ceiling for SBA loan 
assistance that may be exempt from review from $500,000 to $1.5 
million. This higher amount simply reflects the SBA disaster loan 
ceiling for any one disaster commencing on or after April 1, 1993 
established by P.L. 103-75 (107 Stat. 740), and would also cover the 
ceiling on SBA business loan assistance and development company 
assistance.

Compliance With Executive Orders 12612, 12866, and 12778, and the 
Regulatory Flexibility and Paperwork Reduction Acts

    SBA certifies that this rule does not have federalism implications 
warranting the preparation of a Federalism Assessment in accordance 
with Executive Order 12612.
    For purposes of Executive Order 12866, SBA has determined that the 
proposed rule would not be a major rule. SBA certifies that the 
economic impact on the national economy would not exceed $100 million 
and that the proposed rule would not adversely affect in a material way 
the economy or the environment.
    SBA certifies that this proposed rule would not have a significant 
economic impact on a substantial number of small entities for purposes 
of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
    There are no additional reporting or recordkeeping or other 
compliance requirements inherent in this proposed rule which would be 
subject to the Paperwork Reduction Act, 44 U.S.C. chapter 35. There are 
no Federal rules which duplicate, overlap or conflict with this 
proposed rule. There are no alternative means to accomplish the 
objectives of this proposed rule.
    SBA certifies that this proposed rule is drafted, to the extent 
practicable, in accordance with the standards set forth in E.O. 12778.

List of Subjects in 13 CFR Part 116

    Flood Insurance, Flood plains, Lead poisoning, Small businesses, 
Veterans, Coastal barrier system.

    For the reasons set forth above, SBA proposes to amend Part 116 of 
Title 13 of the Code of Federal Regulations as follows:

Subpart D--Floodplain Management and Wetlands Protection

    1. The authority citation for subpart D continues to read as 
follows:

    Authority: Small Business Act, Pub. L. 85-536 (15 U.S.C. 631); 
Small Business Investment Act of 1958, Pub. L. 85-699 (15 U.S.C. 
661); EO 11988, 42 FR 26951 and EO 11990, 42 FR 26961.


Sec. 116.32  [Amended]

    2. Section 116.32 (a)(6) is amended by removing ``$500,000 or 
less'' and inserting in place thereof ``$1,500,000 or less''.
Philip Lader,
Administrator.
[FR Doc. 95-20432 Filed 8-16-95; 8:45 am]
BILLING CODE 8025-01-P