This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

7545 

Vol. 75, No. 34 

Monday, February 22, 2010 

SMALL BUSINESS ADMINISTRATION 

13 CFR Part 123 

RIN 3245–AF97 

Disaster Home Loans: FEMA 

Interaction 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Direct final rule. 

SUMMARY: SBA is amending its disaster 

assistance regulations to reflect changes 

to the Small Business Act (Act) made by 

the Food, Conservation, and Energy Act 

of 2008, which require SBA to 

promulgate regulations in consultation 

with the Administrator of the Federal 

Emergency Management Agency 

(FEMA) to ensure that each application 

for disaster assistance is processed by 

SBA or another appropriate agency in a 

prompt manner. This direct final rule 

clarifies SBA’s process of timely 

coordination with FEMA and other 

agencies for delivering Federal disaster 

assistance to homeowners and renters 

who have sustained property damage as 

a result of a disaster declared by the 

President. 

DATES: Effective Date: This rule is 

effective April 8, 2010 without further 

action, unless significant adverse 

comment is received on or before March 

24, 2010. If significant adverse comment 

is received, SBA will publish a timely 

withdrawal of the rule in the Federal 

Register. 

ADDRESSES: You may submit comments, 

identified by RIN 3245–AF97, by any of 

the following methods: (1) Federal 

Rulemaking Portal: http:// 

www.regulations.gov, following the 

specific instructions for submitting 

comments; (2) FAX (202) 481–2226; or 

E-mail: James.Rivera@sba.gov; or (3) 

Mail/Hand Delivery/Courier: James E. 

Rivera, Associate Administrator for 

Disaster Assistance, 409 3rd Street, SW., 

Washington, DC 20416. 

FOR FURTHER INFORMATION CONTACT: 

Roger B. Garland, Office of Disaster 

Assistance, 202–205–6734 or 

Roger.Garland@sba.gov. 

SUPPLEMENTARY INFORMATION: SBA 

makes disaster assistance loans to 

homeowners, renters, and businesses 

adversely affected by a disaster event. 

SBA works closely with FEMA and 

other Federal, State, and local agencies 

in the delivery of disaster assistance to 

victims. Under a Presidential disaster 

declaration, FEMA serves as the 

coordinating agency for all Federal 

agencies providing disaster assistance, 

including SBA. Most disaster victims 

register through FEMA for Federal 

disaster assistance. Upon registration, 

FEMA may provide home repair grant 

assistance to homeowners, within 

certain limits. FEMA then refers victims 

to SBA to be considered for disaster 

loan assistance for home repair and 

personal property loss. If SBA is unable 

to approve a loan, a homeowner or 

renter is referred by SBA to FEMA’s 

Federal Assistance to Individuals and 

Households Program (IHP) to be 

considered for further grant assistance. 

Additionally, if disaster assistance is 

available from State/local or other 

agencies (e.g., American Red Cross), 

SBA may refer the disaster victim to the 

appropriate agency. 

The Food, Conservation, and Energy 

Act of 2008, Public Law 110–246 (the 

Farm Act), enacted on June 18, 2008, 

requires SBA to ensure that its disaster 

assistance programs are coordinated, to 

the maximum extent practicable, with 

FEMA’s disaster assistance programs. 

This statute also requires SBA to 

establish regulations, in consultation 

with FEMA, to ensure that each 

application for disaster assistance is 

submitted as quickly as practicable to 

SBA or directed to the appropriate 

agency under the circumstances. SBA 

has consulted with FEMA and is 

publishing this direct final rule to 

codify the process for timely 

coordination with FEMA and other 

agencies, and to clarify for the public 

the initial phases of obtaining disaster 

assistance. 

Section-by-Section Analysis 

In order to reflect the provisions of 

the Farm Act, SBA is adding new 

section 123.108 to its regulations to 

reflect that when the President makes a 

disaster declaration, an applicant for 

disaster loan assistance for homeowners 

or renters may be eligible for FEMA IHP 

grant assistance. The new section 

specifies that, after registering with 

FEMA, the applicant may be referred to 

SBA for home loan assistance. If SBA 

declines the application, or if the 

damage amount exceeds the maximum 

SBA loan amount, SBA may refer the 

applicant to FEMA or another 

appropriate agency for possible grant 

assistance. This new section, which 

describes existing procedures, makes 

clear that any such referral will be made 

on a timely basis. 

Consideration of Comments 

SBA believes that this rule is routine 

and non-controversial since it simply 

implements the statute, and SBA 

anticipates no significant adverse 

comments to the rulemaking. If SBA 

receives any adverse comments, it will 

publish a timely withdrawal of this 

direct final rule. 

Compliance With Executive Orders 

12866, 12988, 13132 and the Regulatory 

Flexibility Act (5 U.S.C. 601–612), and 

the Paperwork Reduction Act (44 

U.S.C. Ch. 35) 

Executive Order 12866 

The Office of Management and Budget 

(OMB) has determined that this rule 

does not constitute a significant 

regulatory action under Executive Order 

12866. 

Executive Order 12988 

This action meets applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988, Civil 

Justice Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. The action does not have 

retroactive or preemptive effect. 

Executive Order 13132 

The final rule will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government, because the rule 

does not alter the current relationship 

between federal, state, and local disaster 

authorities. Therefore, for the purposes 

of Executive Order 13132, Federalism, 

SBA determines that this final rule has 


cprice-sewell on DSKHWCL6B1PROD with RULES
7546 Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Rules and Regulations 

no federalism implications warranting 

preparation of a federalism assessment. 

Paperwork Reduction Act 

SBA has determined that this final 

rule does not impose additional 

reporting or recordkeeping requirements 

under the Paperwork Reduction Act, 44 

U.S.C., Chapter 35. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 601, requires administrative 

agencies to consider the effect of their 

actions on small entities, including 

small businesses. Pursuant to the RFA, 

when an agency issues a rule, the 

agency must prepare an analysis to 

determine whether the impact of the 

rule will have a significant economic 

impact on a substantial number of small 

entities. However, the RFA requires 

analysis of a rule only where notice and 

comment rulemaking are required. 

Rules are exempt from Administrative 

Procedure Act (APA) notice and 

comment requirements and therefore 

from the RFA requirements when the 

agency for good cause finds (and 

incorporates the finding and brief 

statement of reasons in the rules issued) 

that notice and public procedure 

thereon is impracticable, unnecessary, 

or contrary to the public interest. In this 

case it would be impracticable given the 

emergency nature of the recent 

legislation authorizing the new 

requirements. 

List of Subjects in 13 CFR Part 123 

Disaster assistance, Reporting and 

recordkeeping requirements. 

■ For the reasons set forth in the 

preamble, the Small Business 

Administration amends 13 CFR part 123 

as follows: 

PART 123—-DISASTER LOAN 

PROGRAM 

■ 1. The authority citation for part 123 

continues to read as follows: 

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

(c); 657i, Pub. L. 102–395, 106 Stat. 1828; 

Pub. L. 103–75, 107 Stat. 739; Pub. L. 106– 

50, 113 Stat. 245; Pub. L. 110–246, 112 Stat. 

1651. 

■ 2. Amend Subpart B by adding at the 

end new § 123.108 to read as follows: 

§ 123.108 How do the SBA disaster loan 

program and the FEMA grant programs 

interact? 

After a Presidential disaster 

declaration is made, you may be eligible 

for disaster assistance, including grant 

assistance, from the Federal Emergency 

Management Agency’s (FEMA) Federal 

Assistance to Individuals and 

Households Program (IHP). After you 

register with FEMA for disaster 

assistance, FEMA will consider you for 

IHP assistance, which includes housing 

assistance grants to repair or replace 

your damaged primary residence and 

temporary housing assistance (including 

rental assistance) to assist you 

temporarily with a place to live, and 

assistance with personal property, 

medical, dental and funeral expenses. 

FEMA may also refer you to SBA to 

apply for loan assistance to help repair 

or rebuild your home and/or to replace 

personal property destroyed during the 

disaster. If SBA is unable to approve 

your loan application, or if you have 

damage in excess of the SBA loan 

amount, SBA may refer you, on a timely 

basis, to FEMA for IHP grant 

consideration to assist with your unmet 

personal property and transportation 

needs. If you are approved for the SBA 

disaster loan and you have received 

grant assistance that duplicates the 

damage covered by the SBA loan, such 

grant assistance must be deducted from 

your loan eligibility as described in 

section 123.101(c) of the regulations. All 

grant decisions are made by FEMA. 

Additionally, if additional disaster 

assistance is available from state, local 

or other agencies, SBA may refer you to 

the appropriate agency for 

consideration. 

Dated: February 16, 2010. 

Karen G. Mills, 

Administrator. 

[FR Doc. 2010–3395 Filed 2–19–10; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF COMMERCE 

Census Bureau 

15 CFR Part 30 

[Docket Number: 090422707–91445–02] 

RIN 0607–AA48 

Foreign Trade Regulations (FTR): 

Eliminate the Social Security Number 

(SSN) as an Identification Number in 

the Automated Export System (AES) 

AGENCY: Bureau of the Census, 

Commerce Department. 

ACTION: Final rule. 

SUMMARY: The U.S. Census Bureau 

(Census Bureau) issues this final rule 

amending the Foreign Trade Regulations 

(FTR) to eliminate the requirement to 

report a Social Security Number (SSN) 

as an identification number when 

registering to file and filing electronic 

export information in the Automated 

Export System (AES) or AESDirect. If 

the U.S. Principal Party in Interest 

(USPPI) or the U.S. authorized agent 

residing in or having an office in the 

United States does not have an 

Employer Identification Number (EIN), 

the USPPI or the U.S. authorized agent 

must obtain an EIN through the Web site 

of the Internal Revenue Service (IRS). 

Former SSN filers who want to use a 

Dun & Bradstreet Number (DUNS) rather 

than an EIN for identification purposes, 

must first obtain an EIN from the IRS, 

and apply to Dun & Bradstreet for a 

DUNS. This final rule is being 

implemented to ensure that a USPPI’s or 

authorized agent’s SSN is protected in 

accordance with the Privacy Act of 1974 

(Privacy Act), title 5, United States Code 

(U.S.C.), section 552a. On August 5, 

2009, this final rule was published as an 

interim final rule; the Census Bureau is 

finalizing this rule without change. 

DATES: Effective Date: This rule is 

effective March 24, 2010. 

FOR FURTHER INFORMATION CONTACT: 

William G. Bostic, Jr., Assistant Director 

for Economic Programs, United States 

Census Bureau, 4600 Silver Hill Road, 

Room 8K108, Washington, DC 20233– 

6700; by phone at (301) 763–8842; by 

fax at (301) 763–6638; or by e-mail: 

william.g.bostic.jr@census.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Census Bureau is responsible for 

collecting, compiling, and publishing 

export and import trade statistics for the 

United States under the provisions of 

title 13, U.S.C. Chapter 9, section 301(a). 

On June 2, 2008, the Census Bureau 

issued a final rule to amend the FTR to 

implement provisions in the Foreign 

Relations Authorization Act (Pub. L. 

107–228, § 1404(a)–(c), 116 Stat. 1454 

(2002)). Specifically, the amended FTR 

required mandatory filing of export 

information through the AES or 

AESDirect for all shipments where a 

Shipper’s Export Declaration (SED) is 

required. The USPPI or U.S. authorized 

agent residing or having an office in the 

United States was required to enter an 

EIN, SSN or DUNS when reporting 

export transactions in the AES or 

AESDirect. Though the effective date of 

this final rule was July 2, 2008, the 

Census Bureau announced that it would 

delay implementation until September 

30, 2008, to allow all affected entities 

sufficient time to come into compliance 

with the final rule. 

Pursuant to the requirements of the 

Privacy Act and guidance from the 

Office of Management and Budget 

(OMB), on August 5, 2009, the Census 

Bureau published in the Federal 


cprice-sewell on DSKHWCL6B1PROD with RULES