66214 Federal Register / Vol. 85, No. 202 / Monday, October 19, 2020 / Rules and Regulations 

TABLE 3—Continued 

As appropriate for a particular DOE 

nuclear facility, the section of the technical 

safety requirements on: 

Will provide information on: 

(6) Administrative controls .................................. Organization and management, procedures, recordkeeping, assessment, and reporting necessary to ensure safe operation of a facility consistent with the technical safety requirement. 

In general, the administrative controls section addresses (i) the requirements associated 

with administrative controls (including those for reporting violations of the technical safety requirement); (ii) the staffing requirements for facility positions important to safe conduct of the 

facility; and (iii) the commitments to the safety management programs identified in the documented safety analysis as necessary components of the safety basis for the facility. 

(7) Use and application provisions ..................... The basic instructions for applying the safety restrictions contained in a technical safety requirement. The use and application section includes definitions of terms, operating modes, 

logical connectors, completion times, and frequency notations. 

(8) Design features ............................................. Design features of the facility that, if altered or modified, would have a significant effect on 

safe operation. 

(9) Bases appendix ............................................. The reasons for the safety limits, operating limits, and associated surveillance requirements in 

the technical safety requirements. The statements for each limit or requirement shows how 

the numeric value, the condition, or the surveillance fulfills the purpose derived from the 

safety documentation. The primary purpose for describing the basis of each limit or requirement is to ensure that any future changes to the limit or requirement is done with full knowledge of the original intent or purpose of the limit or requirement. 

H. Unreviewed Safety Questions 

1. The USQ process is an important tool to 

evaluate whether changes affect the safety 

basis. A contractor must use the USQ process 

to ensure that the safety basis for a DOE 

nuclear facility is not undermined by 

changes in the facility, the work performed, 

the associated hazards, or other factors that 

support the adequacy of the safety basis. 

2. The USQ process permits a contractor to 

make physical and procedural changes to a 

nuclear facility and to conduct tests and 

experiments without prior approval, 

provided these changes do not cause a USQ. 

The USQ process provides a contractor with 

the flexibility needed to conduct day-to-day 

operations by requiring only those changes 

and tests with a potential to impact the safety 

basis (and therefore the safety of the nuclear 

facility) be approved by DOE. This allows 

DOE to focus its review on those changes 

significant to safety. The USQ process helps 

keep the safety basis current by ensuring 

appropriate review of and response to 

situations that might adversely affect the 

safety basis. 

3. DOE Guide 424.1–1B Chg 2, 

Implementation Guide for Use in Addressing 

Unreviewed Safety Question Requirements, 

or successor document provides DOE’s 

expectations for a USQ process. The 

contractor must obtain DOE approval of its 

procedure used to implement the USQ 

process. The contractor is allowed to make 

editorial and format changes to its USQ 

procedure while maintaining DOE approval. 

I. Functions and Responsibilities 

1. The DOE Management Official for a DOE 

nuclear facility (that is, the Assistant 

Secretary, the Assistant Administrator, or the 

Office Director who is primarily responsible 

for the management of the facility) has 

primary responsibility within DOE for 

ensuring that the safety basis for the facility 

is adequate and complies with the safety 

basis requirements of Part 830. The DOE 

Management Official is responsible for 

ensuring the timely and proper— 

(i) Review of all safety basis documents 

submitted to DOE; and 

(ii) Preparation of a safety evaluation report 

concerning the safety basis for a facility. 

2. DOE will maintain a public list on the 

internet that provides the status of the safety 

basis for each Hazard Category 1, 2, or 3 DOE 

nuclear facility and, to the extent practicable, 

provides information on how to obtain a 

copy of the safety basis and related 

documents for a facility. 

[FR Doc. 2020–19329 Filed 10–16–20; 8:45 am] 

BILLING CODE 6450–01–P 

SMALL BUSINESS ADMINISTRATION 

13 CFR Part 120 

[Docket Number SBA–2020–0052] 

RIN 3245–AH59 

DEPARTMENT OF THE TREASURY 

RIN 1505–AC71 

Business Loan Program Temporary 

Changes; Paycheck Protection 

Program—Additional Revisions to 

Loan Forgiveness and Loan Review 

Procedures Interim Final Rules 

AGENCY: U.S. Small Business 

Administration; Department of the 

Treasury. 

ACTION: Interim final rule. 

SUMMARY: On April 2, 2020, the U.S. 

Small Business Administration (SBA) 

posted on its website an interim final 

rule relating to the implementation of 

Sections 1102 and 1106 of the 

Coronavirus Aid, Relief, and Economic 

Security Act (CARES Act or the Act) 

(published in the Federal Register on 

April 15, 2020). Section 1102 of the Act 

temporarily adds a new product, titled 

the ‘‘Paycheck Protection Program,’’ to 

the U.S. Small Business 

Administration’s (SBA’s) 7(a) Loan 

Program. Subsequently, SBA and the 

Department of the Treasury (Treasury) 

issued additional interim final rules 

implementing the Paycheck Protection 

Program (PPP). On June 5, 2020, the 

Paycheck Protection Program Flexibility 

Act of 2020 (Flexibility Act) was signed 

into law, amending the CARES Act. 

This interim final rule revises interim 

final rules posted on SBA’s and the 

Department of the Treasury’s websites 

on May 22, 2020 (published on June 1, 

2020, in the Federal Register) and June 

22, 2020 (published on June 26, 2020, in 

the Federal Register), by providing 

additional guidance concerning the 

forgiveness and loan review processes 

for PPP loans of $50,000 or less and, for 

PPP loans of all sizes, lender 

responsibilities with respect to the 

review of borrower documentation of 

eligible costs for forgiveness in excess of 

a borrower’s PPP loan amount. 

DATES: 

Effective date: The provisions in this 

interim final rule are effective October 

14, 2020. 

Comment date: Comments must be 

received on or before November 18, 

2020. 

ADDRESSES: You may submit comments, 

identified by docket number SBA– 

2020–0052, through the Federal 

eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

SBA will post all comments on 

www.regulations.gov. If you wish to 

submit confidential business 

information (CBI) as defined in the User 

Notice at www.regulations.gov, please 


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Federal Register / Vol. 85, No. 202 / Monday, October 19, 2020 / Rules and Regulations 66215 

1See 85 FR 20817 (April 15, 2020) regarding 

application of SBA’s affiliation rules and the 

exemption of otherwise qualified faith-based 

organizations from SBA’s affiliation rules. 

send an email to ppp-ifr@sba.gov. 

Highlight the information that you 

consider to be CBI and explain why you 

believe SBA should hold this 

information as confidential. SBA will 

review the information and make the 

final determination whether it will 

publish the information. 

FOR FURTHER INFORMATION CONTACT: A 

Call Center Representative at 833–572– 

0502, or the local SBA Field Office; the 

list of offices can be found at https://

www.sba.gov/tools/local-assistance/ 

districtoffices. 

SUPPLEMENTARY INFORMATION: 

I. Background Information 

On March 27, 2020, the President 

signed the Coronavirus Aid, Relief, and 

Economic Security Act (the CARES Act 

or the Act) (Pub. L. 116–136) to provide 

emergency assistance and health care 

response for individuals, families, and 

businesses affected by the coronavirus 

pandemic. The Small Business 

Administration (SBA) received funding 

and authority through the Act to modify 

existing loan programs and establish a 

new loan program to assist small 

businesses nationwide adversely 

impacted by the COVID–19 emergency. 

Section 1102 of the Act temporarily 

permits SBA to guarantee 100 percent of 

7(a) loans under a new program titled 

the ‘‘Paycheck Protection Program.’’ 

Section 1106 of the Act provides for 

forgiveness of up to the full principal 

amount of qualifying loans guaranteed 

under the Paycheck Protection Program 

(PPP). 

On April 24, 2020, the President 

signed the Paycheck Protection Program 

and Health Care Enhancement Act (Pub. 

L. 116–139), which provided additional 

funding and authority for the PPP. On 

June 5, 2020, the President signed the 

Paycheck Protection Program Flexibility 

Act of 2020 (Flexibility Act) (Pub. L. 

116–142), which changed provisions of 

the PPP relating to the maturity of PPP 

loans, the deferral of PPP loan 

payments, and the forgiveness of PPP 

loans. On July 4, 2020, the President 

signed into law S. 4116, which 

reauthorized lending under the PPP 

through August 8, 2020 (Pub. L. 116– 

147). 

As described below, this interim final 

rule provides additional guidance 

concerning the forgiveness and loan 

review processes for PPP loans of 

$50,000 or less and, for PPP loans of all 

sizes, lender responsibilities with 

respect to the review of borrower 

documentation of eligible costs for 

forgiveness in excess of a borrower’s 

PPP loan amount. 

Two provisions of this interim final 

rule are an exercise of rulemaking 

authority by SBA jointly with Treasury: 

(1) The de minimis exemption from the 

full-time equivalent (FTE) employee 

reduction penalty for PPP loans of 

$50,000 or less, and (2) the de minimis 

exemption from the employee salary 

and wages reduction penalty for PPP 

loans of $50,000 or less. Otherwise, all 

provisions in this rule are an exercise of 

rulemaking authority by SBA alone. 

II. Comments and Immediate Effective 

Date 

This interim final rule is effective 

without advance notice and public 

comment because Section 1114 of the 

CARES Act authorizes SBA to issue 

regulations to implement Title I of the 

Act without regard to notice 

requirements. In addition, SBA has 

determined that there is good cause for 

dispensing with advance public notice 

and comment on the grounds that it 

would be contrary to the public interest. 

Specifically, advance public notice and 

comment would defeat the purpose of 

this interim final rule given that SBA 

began accepting lender loan forgiveness 

submissions on August 10, 2020. These 

same reasons provide good cause for 

SBA to dispense with the 30-day 

delayed effective date provided in the 

Administrative Procedure Act (APA). 

See 5 U.S.C. 553(b)(B). Although this 

interim final rule is effective on or 

before date of filing, comments are 

solicited from interested members of the 

public on all aspects of the interim final 

rule, including Section III below. These 

comments must be submitted on or 

before November 18, 2020. The SBA and 

Treasury will consider these comments; 

comments received on the two interim 

final rules amended by this interim final 

rule that were posted on SBA’s website 

on May 22, 2020 and published on June 

1, 2020, in the Federal Register; and the 

interim final rule amended by this 

interim final rule that was posted on 

SBA’s website on June 22, 2020 and 

published on June 26, 2020. 

III. Paycheck Protection Program— 

Additional Revisions to Loan 

Forgiveness Interim Final Rule and 

SBA Loan Review Procedures and 

Related Borrower and Lender 

Responsibilities Interim Final Rule 

Overview 

The CARES Act was enacted to 

provide immediate assistance to 

individuals, families, and organizations 

affected by the COVID–19 emergency. 

Among the provisions contained in the 

CARES Act are provisions authorizing 

SBA to temporarily guarantee loans 

under a new 7(a) loan program titled the 

‘‘Paycheck Protection Program.’’ Loans 

guaranteed under the Paycheck 

Protection Program (PPP) will be 100 

percent guaranteed by SBA, and the full 

principal amount of the loans may 

qualify for loan forgiveness. 

SBA has previously issued 

comprehensive regulations and 

guidance on the loan forgiveness 

provisions in the CARES Act. As 

relevant here, on May 22, 2020, SBA 

and Treasury jointly posted an 

additional interim final rule on loan 

forgiveness (85 FR 33004) (First Loan 

Forgiveness Rule). The SBA also posted 

an interim final rule on May 22, 2020 

on SBA loan review procedures and 

related borrower and lender 

responsibilities (85 FR 33010) (First 

Loan Review Rule). On June 22, 2020, 

SBA and Treasury jointly posted an 

interim final rule, Revisions to Loan 

Forgiveness and Loan Review 

Procedures Interim Final Rules (85 FR 

38304), revising the First Loan 

Forgiveness Rule and the First Loan 

Review Rule to incorporate Flexibility 

Act amendments. On August 4 and 11, 

2020, SBA posted Frequently Asked 

Questions on PPP Loan Forgiveness. 

The purpose of this interim final rule 

is to simplify further (i) the forgiveness 

and loan review processes for PPP loans 

of $50,000 or less, and (ii) for PPP loans 

of all sizes, lender responsibilities with 

respect to the review of borrower 

documentation of eligible costs for 

forgiveness in excess of a borrower’s 

PPP loan amount. 

In connection with this rule, SBA is 

issuing an alternative Loan Forgiveness 

Application, SBA Form 3508S, for use 

by PPP borrowers applying for loan 

forgiveness on PPP loans with a total 

loan amount of $50,000 or less, except 

for those borrowers that together with 

their affiliates 1 received loans totaling 

$2 million or greater. The Administrator 

of SBA (Administrator) and the 

Secretary of the Treasury (Secretary) 

have concluded that this form strikes an 

appropriate balance between the need 

for simplification in the forgiveness 

process with the responsibility to 

protect the integrity of the program and 

safeguard taxpayer funds. 

1. Changes to the Loan Forgiveness 

Rules 

a. Alternative Loan Forgiveness 

Application 

Because SBA is issuing an alternative 

Loan Forgiveness Application, SBA 


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66216 Federal Register / Vol. 85, No. 202 / Monday, October 19, 2020 / Rules and Regulations 

2See 85 FR 38304, 38308 (‘‘Borrowers are 

exempted from the loan forgiveness reduction 

arising from a proportional reduction in FTE 

employees during the covered period if the 

borrower is able to document in good faith the 

following: (1) An inability to rehire individuals who 

were employees of the borrower on February 15, 

2020; and (2) an inability to hire similarly qualified 

individuals for unfilled positions on or before 

December 31, 2020. . . . Borrowers are also 

exempted from the loan forgiveness reduction 

arising from a reduction in the number of FTE 

employees during the covered period if the 

borrower is able to document in good faith an 

inability to return to the same level of business 

activity as the borrower was operating at before 

February 15, 2020, due to compliance with 

requirements established or guidance issued 

between March 1, 2020 and December 31, 2020 by 

the Secretary of Health and Human Services, the 

Director of the Centers for Disease Control and 

Prevention (CDC), or the Occupational Safety and 

Health Administration related to the maintenance 

of standards for sanitation, social distancing, or any 

other worker or customer safety requirement related 

to COVID–19 . . . .’’). 3 85 FR 20811, 20815–20816 (April 15, 2020). 

Form 3508S, the first parenthetical in 

the first sentence of Part III.2.a and the 

parenthetical in the first sentence of Part 

III.6 of the First Loan Forgiveness Rule, 

as revised by Revisions to Loan 

Forgiveness and Loan Review 

Procedures Interim Final Rules, are 

revised to read as follows: ‘‘(SBA Form 

3508, 3508EZ, 3508S, as applicable, or 

lender equivalent)’’. 

b. Reductions to Loan Forgiveness 

Amount 

A borrower of a PPP loan of $50,000 

or less, other than any borrower that 

together with its affiliates received loans 

totaling $2 million or greater, may use 

SBA Form 3508S (or lender’s equivalent 

form) to apply for loan forgiveness. A 

borrower that uses SBA Form 3508S (or 

lender’s equivalent form) is exempt 

from any reductions in the borrower’s 

loan forgiveness amount based on 

reductions in full-time equivalent (FTE) 

employees (section 1106(d)(2) of the 

CARES Act) or reductions in employee 

salary or wages (section 1106(d)(3) of 

the CARES Act) that would otherwise 

apply. As such, Part III.5 of the First 

Loan Forgiveness Rule, as revised by 

Revisions to Loan Forgiveness and Loan 

Review Procedures Interim Final Rules, 

does not apply to borrowers of loans of 

$50,000 or less that use SBA Form 

3508S (or lender’s equivalent form) to 

apply for loan forgiveness. 

The Administrator and the Secretary 

determined that these exemptions are an 

appropriate exercise of their joint 

rulemaking authority to grant de 

minimis exemptions under section 

1106(d)(6) of the CARES Act. The 

Administrator and the Secretary believe 

that the additional exemptions set forth 

above are consistent with the purposes 

of the CARES Act, including to provide 

much-needed financial assistance to a 

broad range of small businesses, and 

provide borrowers appropriate 

flexibility in the current economic 

climate. The Administrator and the 

Secretary have determined that these 

exemptions are de minimis. The 

purpose of the PPP is to provide 

financial assistance to small businesses 

and their employees, and the 

requirements of section 1106(d) focus 

on the number of employees and 

compensation. Consequently, in this 

context, both the aggregate dollar 

amount of affected loans relative to the 

aggregate dollar amount of all PPP loans 

and the number of affected employees 

are reasonable considerations in 

assessing whether an exemption is de 

minimis. There are approximately 3.57 

million outstanding PPP loans of 

$50,000 or less, totaling approximately 

$62 billion of the $525 billion in PPP 

loans. Approximately 1.71 million PPP 

loans of $50,000 or less were made to 

businesses that reported having zero 

employees (presumably not counting 

the owner as an employee) or one 

employee. To the extent that these 

businesses have no employees other 

than the owner (i.e., all businesses that 

reported having zero employees and, in 

SBA’s judgment, the majority of 

businesses that reported having one 

employee), they are not affected by 

these exemptions. As a result, based on 

available data, we estimate that the 

outstanding PPP loans of the relevant 

set of potentially affected borrowers 

(businesses with at least one employee 

other than the owner) total 

approximately $49 billion, or 9 percent 

of the overall PPP loan amount. Within 

this population of potentially affected 

loans, SBA believes that most borrowers 

would not be affected by the loan 

forgiveness reduction requirements 

because (1) the borrowers did not 

reduce FTE employees or reduce 

employee salaries or wages, or (2) the 

borrowers would qualify for one of the 

existing exemptions from loan 

forgiveness amount reductions.2

Excluding such borrowers, the aggregate 

dollar amount of PPP funds affected by 

these exemptions relative to the 

aggregate dollar amount of all PPP funds 

is de minimis. 

2. Changes to the Loan Review Rules 

a. Alternative Loan Forgiveness 

Application 

Because SBA is issuing another 

alternative Loan Forgiveness 

Application, SBA Form 3508S, each 

reference to ‘‘SBA Form 3508, 3508EZ, 

or lender’s equivalent form’’ in Part III.1 

of the First Loan Review Rule, as 

revised by the Revisions to Loan 

Forgiveness and Loan Review 

Procedures Interim Final Rules, is 

replaced with ‘‘SBA Form 3508, 

3508EZ, 3508S, or lender’s equivalent 

form’’. 

b. The Loan Forgiveness Process for 

Lenders 

As noted above, SBA is issuing 

another alternative Loan Forgiveness 

Application, SBA Form 3508S. This 

necessitates several revisions to Part 

III.2 of the First Loan Review Rule, as 

revised by the Revisions to Loan 

Forgiveness and Loan Review 

Procedures Interim Final Rules. 

The following text is added as a new 

paragraph at the end of Part III.2.a 

(‘‘What should a lender review?’’): 

When a borrower submits SBA Form 

3508S or lender’s equivalent form, the 

lender shall: 

i. Confirm receipt of the borrower 

certifications contained in the SBA 

Form 3508S or lender’s equivalent form. 

ii. Confirm receipt of the 

documentation the borrower must 

submit to aid in verifying payroll and 

nonpayroll costs, as specified in the 

instructions to the SBA Form 3508S or 

lender’s equivalent form. 

Providing an accurate calculation of 

the loan forgiveness amount is the 

responsibility of the borrower, and the 

borrower attests to the accuracy of its 

reported information and calculations 

on the Loan Forgiveness Application. 

The borrower shall not receive 

forgiveness without submitting all 

required documentation to the lender. 

As the First Interim Final Rule 3

indicates, lenders may rely on borrower 

representations. As stated in paragraph 

III.3.c of the First Interim Final Rule, the 

lender does not need to independently 

verify the borrower’s reported 

information if the borrower submits 

documentation supporting its request 

for loan forgiveness and attests that it 

accurately verified the payments for 

eligible costs. 

In Part III.2.b., each reference to ‘‘SBA 

Form 3508EZ or lender’s equivalent 

form’’ is replaced with ‘‘SBA Form 

3508EZ, 3508S, or lender’s equivalent 

form.’’ 

In Part III.2.c., each reference to ‘‘SBA 

Form 3508, 3508EZ or lender’s 

equivalent form’’ is replaced with ‘‘SBA 

Form 3508, 3508EZ, 3508S, or lender’s 

equivalent form.’’ 

c. Borrower Submission of Excess Costs 

In some cases, a borrower may submit 

to a lender documentation of eligible 

payroll and nonpayroll costs that exceed 

the amount of the borrower’s PPP loan. 


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Federal Register / Vol. 85, No. 202 / Monday, October 19, 2020 / Rules and Regulations 66217 

To address this situation, the following 

text is added as a new paragraph d. at 

the end of Part III.2: 

d. What should a lender do if a borrower 

submits documentation of eligible costs 

that exceed a borrower’s PPP loan 

amount? 

The amount of loan forgiveness that a 

borrower may receive cannot exceed the 

principal amount of the PPP loan. 

Whether a borrower submits SBA Form 

3508, 3508EZ, 3508S, or lender’s 

equivalent form, a lender should 

confirm receipt of the documentation 

the borrower is required to submit to aid 

in verifying payroll and nonpayroll 

costs, and, if applicable (for SBA Form 

3508, 3508EZ, or lender’s equivalent 

form), confirm the borrower’s 

calculations on the borrower’s Loan 

Forgiveness Application, up to the 

amount required to reach the requested 

Forgiveness Amount. 

3. Additional Information 

SBA may provide further guidance, if 

needed, through SBA notices that will 

be posted on SBA’s website at 

www.sba.gov. Questions on the 

Paycheck Protection Program may be 

directed to the Lender Relations 

Specialist in the local SBA Field Office. 

The local SBA Field Office may be 

found at https://www.sba.gov/tools/ 

local-assistance/districtoffices. 

Compliance With Executive Orders 

12866, 12988, 13132, 13563, and 13771, 

the Paperwork Reduction Act (44 

U.S.C. Ch. 35), and the Regulatory 

Flexibility Act (5 U.S.C. 601–612) 

Executive Orders 12866, 13563, and 

13771 

This interim final rule is 

economically significant for the 

purposes of Executive Orders 12866 and 

13563, and is considered a major rule 

under the Congressional Review Act. 

SBA, however, is proceeding under the 

emergency provision at Executive Order 

12866 Section 6(a)(3)(D) based on the 

need to move expeditiously to mitigate 

the current economic conditions arising 

from the COVID–19 emergency. This 

rule’s designation under Executive 

Order 13771 will be informed by public 

comment. 

Executive Order 12988 

SBA has drafted this rule, to the 

extent practicable, in accordance with 

the standards set forth in Section 3(a) 

and 3(b)(2) of Executive Order 12988, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. The rule 

has no preemptive or retroactive effect. 

Executive Order 13132 

SBA and Treasury have determined 

that this rule will not have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

layers of government. Therefore, SBA 

has determined that this rule has no 

federalism implications warranting 

preparation of a federalism assessment. 

Paperwork Reduction Act, 44 U.S.C. 

Chapter 35 

SBA and Treasury have determined 

that this rule modifies an existing 

information collection. This rule 

reduces the burden associated with 

lender review of borrower 

documentation of eligible costs for 

forgiveness. Additionally, SBA has 

developed a second streamlined 

Paycheck Protection Program—PPP 

Loan Forgiveness Application Form 

3508S (SBA Form 3508S), which is 

available for borrowers meeting criteria 

described in the instructions 

accompanying the form. SBA has 

obtained Office of Management and 

Budget (OMB) approval of the 

modification to the existing information 

collection, which is currently approved 

as an emergency request under OMB 

Control Number 3245–0407 until 

October 31, 2020. 

Regulatory Flexibility Act (RFA) 

The Regulatory Flexibility Act (RFA) 

generally requires that when an agency 

issues a proposed rule, or a final rule 

pursuant to Section 553(b) of the APA 

or another law, the agency must prepare 

a regulatory flexibility analysis that 

meets the requirements of the RFA and 

publish such analysis in the Federal 

Register. 5 U.S.C. 603, 604. Specifically, 

the RFA normally requires agencies to 

describe the impact of a rulemaking on 

small entities by providing a regulatory 

impact analysis. Such analysis must 

address the consideration of regulatory 

options that would lessen the economic 

effect of the rule on small entities. The 

RFA defines a ‘‘small entity’’ as (1) a 

proprietary firm meeting the size 

standards of the Small Business 

Administration (SBA); (2) a nonprofit 

organization that is not dominant in its 

field; or (3) a small government 

jurisdiction with a population of less 

than 50,000. 5 U.S.C. 601(3)–(6). Except 

for small government jurisdictions with 

a population of less than 50,000, neither 

State nor local governments are ‘‘small 

entities.’’ 

The requirement to conduct a 

regulatory impact analysis does not 

apply if the head of the agency ‘‘certifies 

that the rule will not, if promulgated, 

have a significant economic impact on 

a substantial number of small entities.’’ 

5 U.S.C. 605(b). The agency must, 

however, publish the certification in the 

Federal Register at the time of 

publication of the rule, ‘‘along with a 

statement providing the factual basis for 

such certification.’’ If the agency head 

has not waived the requirements for a 

regulatory flexibility analysis in 

accordance with the RFA’s waiver 

provision, and no other RFA exception 

applies, the agency must prepare the 

regulatory flexibility analysis and 

publish it in the Federal Register at the 

time of promulgation or, if the rule is 

promulgated in response to an 

emergency that makes timely 

compliance impracticable, within 180 

days of publication of the final rule. 5 

U.S.C. 604(a), 608(b). 

Rules that are exempt from notice and 

comment are also exempt from the RFA 

requirements, including conducting a 

regulatory flexibility analysis, when 

among other things the agency for good 

cause finds that notice and public 

procedure are impracticable, 

unnecessary, or contrary to the public 

interest. SBA Office of Advocacy guide: 

How to Comply with the Regulatory 

Flexibility Act, Ch.1. p.9. Since this rule 

is exempt from notice and comment, 

SBA is not required to conduct a 

regulatory flexibility analysis. 

Jovita Carranza, 

Administrator Small Business 

Administration. 

Michael Faulkender, 

Assistant Secretary for Economic Policy 

Department of the Treasury. 

[FR Doc. 2020–23091 Filed 10–14–20; 4:15 pm] 

BILLING CODE P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 101 

[Docket No. FDA–2019–D–0725] 

The Declaration of Allulose and 

Calories From Allulose on Nutrition 

and Supplement Facts Labels; 

Availability 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notification of availability. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

announcing the availability of a final 

guidance for industry entitled ‘‘The 


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