Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Notices 46241 

9Agent is defined in 13 CFR 103.1(a) as an 

authorized representative, including an attorney, 

accountant, consultant, packager, lender service 

provider, or any other person representing an 

applicant or participant by conducting business 

with SBA. 

10Packager is defined in 13 CFR 103.1(e) as an 

Agent who is employed and compensated by an 

Applicant or lender to prepare the Applicant’s 

application for financial assistance from SBA. SBA 

determines whether or not one is a ‘‘Packager’’ on 

a loan-by-loan basis. 

11Referral Agent is defined in 13 CFR 103.1(f) as 

a person or entity who identifies and refers an 

Applicant to a lender or a lender to an Applicant. 

The Referral Agent may be employed and 

compensated by either an Applicant or a lender. 

limitations on receiving compensation 

from both the CA Lender and the 

applicant in connection with the same 

loan application. 

SBA is modifying 13 CFR 103.4(g), 

which permits a limited exception to 

the ‘‘two master’’ prohibition when an 

Agent 9 acts as a Packager 10 and is 

compensated by the applicant for 

packaging services, and the same Agent 

also acts as a Referral Agent 11 and is 

compensated by the lender for those 

activities in connection with the same 

loan application. SBA believes there is, 

at a minimum, an appearance of a 

conflict of interest when an Agent 

represents both the applicant and the 

CA Lender on the same loan 

application. Further, when conducting 

lender oversight activities, SBA has 

observed numerous instances where 

applicants have been erroneously 

charged for services that were provided 

for a lender, not the applicant. In order 

to prevent any conflicts of interest from 

arising and to ensure the applicants are 

not improperly charged for services 

provided to the CA Lender, SBA is 

modifying 13 CFR 103.4(g) to eliminate 

the exception to the ‘‘two master 

prohibition.’’ Thus, for purposes of the 

CA Pilot Program, an Agent, including 

an LSP, may not provide services to 

both the applicant and the CA Lender 

and be compensated by both parties in 

connection with the same loan 

application. 

The regulation at 13 CFR 103.5 sets 

forth, among other things, the 

requirement for all Agents to disclose to 

SBA the compensation received for 

services provided to an applicant and 

requires that fees charged must be 

considered reasonable by SBA. In an 

effort to clarify what SBA considers 

reasonable and to prevent applicants 

from being overcharged by Agents, SBA 

is modifying this regulation to limit the 

total fees that an Agent or Agents may 

charge an applicant in connection with 

obtaining a CA loan. An Agent or 

Agents may charge a maximum of up to 

2.5% of the CA loan amount, or $7,000, 

whichever is less. 

If an Agent provides more than one 

service to an applicant (e.g., packaging 

and referral services), only one fee is 

permitted for all services performed by 

the Agent. Further, if more than one 

Agent (e.g., a Packager and a Referral 

Agent) provides assistance to the 

applicant in obtaining the CA loan, the 

amount of all fees that the applicant is 

required to pay must be combined to 

meet the maximum allowable fee set by 

SBA. (However, a fee charged to the 

applicant by the CA Lender in 

accordance with modified 13 CFR 

120.221(a), as described above, will not 

be counted toward the maximum 

allowable fee for an Agent or Agents.) 

These maximum limits apply regardless 

of whether the Agent’s fee is based on 

a percentage of the loan amount or on 

an hourly basis. 

SBA considers a fee of the lesser of 

2.5% of the guaranteed loan amount or 

$7,000 to be reasonable for the services 

provided by an Agent or Agents to an 

applicant in connection with obtaining 

a CA loan. SBA will monitor this fee 

and, if adjustments are necessary, SBA 

may revise this amount from time to 

time by publishing a notice with request 

for comments in the Federal Register. 

Finally, SBA is also modifying the last 

sentence in 13 CFR 103.5(c) to remove 

the word ‘‘directly.’’ This change 

clarifies that compensation paid by the 

CA Lender to a Lender Service Provider 

may not be charged to the applicant, 

either directly or indirectly. 

4. General Information 

The changes in this Notice are limited 

to the CA Pilot Program only. All other 

SBA guidelines and regulatory waivers 

or modifications related to the CA Pilot 

Program remain unchanged. The 

regulatory waiver and modifications 

described in this Notice are authorized 

by 13 CFR 120.3, which provides that 

the SBA Administrator may suspend, 

modify or waive rules for a limited 

period of time to test new programs or 

ideas. These modifications apply only to 

loans made under the CA Pilot Program 

and will last only for the duration of the 

pilot, which expires September 30, 

2022. 

SBA has provided more detailed 

guidance in the form of a Participant 

Guide which is being updated to reflect 

these changes and will be available on 

SBA’s website at http://www.sba.gov. 

SBA may provide additional guidance, 

through SBA notices, which may also be 

published on SBA’s website at http://

www.sba.gov/category/lendernavigation/forms-notices-sops/notices. 

Questions regarding the CA Pilot 

Program may be directed to the Lender 

Relations Specialist in the local SBA 

district office. The local SBA district 

office may be found at http://

www.sba.gov/about-offices-list/2. 

Authority: 15 U.S.C. 636(a)(25) and 13 CFR 

120.3. 

Dated: September 4, 2018. 

Linda E. McMahon, 

Administrator. 

[FR Doc. 2018–19885 Filed 9–11–18; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #15676 and #15677; 

Nebraska Disaster Number NE–00072] 

Presidential Declaration of a Major 

Disaster for Public Assistance Only for 

the State of Nebraska 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a Notice of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the State of Nebraska (FEMA–4387–DR), 

dated 08/27/2018. 

Incident: Severe Storms, Tornadoes, 

Straight-line Winds, and Flooding. 

Incident Period: 06/17/2018 through 

07/01/2018. 

DATES: Issued on 08/27/2018. 

Physical Loan Application Deadline 

Date: 10/26/2018. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 05/27/2019. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street SW, Suite 6050, 

Washington, DC 20416, (202) 205–6734. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that as a result of the 

President’s major disaster declaration on 

08/27/2018, Private Non-Profit 

organizations that provide essential 

services of a governmental nature may 

file disaster loan applications at the 

address listed above or other locally 

announced locations. 

The following areas have been 

determined to be adversely affected by 

the disaster: 

Primary Counties: Cedar, Colfax, 

Cuming, Dakota, Dixon, Harlan, 

Logan, Thomas, Thurston, Wayne 

The Interest Rates are: 


daltland on DSKBBV9HB2PROD with NOTICES
46242 Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Notices 

Percent 

For Physical Damage: 

Non-Profit Organizations with 

Credit Available Elsewhere ..... 2.500 

Non-Profit Organizations without 

Credit Available Elsewhere ..... 2.500 

For Economic Injury: 

Non-Profit Organizations without 

Credit Available Elsewhere ..... 2.500 

The number assigned to this disaster 

for physical damage is 156766 and for 

economic injury is 156770. 

(Catalog of Federal Domestic Assistance 

Number 59008) 

James Rivera, 

Associate Administrator for Disaster 

Assistance. 

[FR Doc. 2018–19751 Filed 9–11–18; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF STATE 

[Public Notice: 10541] 

Certification Pursuant to Sections 

7045(a)(3)(A) of the Department of 

State, Foreign Operations, and Related 

Programs Appropriations Act, 2018 

By virtue of the authority vested in 

me as the Secretary of State, including 

pursuant to section 7045(a)(3)(A) of the 

Department of State, Foreign 

Operations, and Related Programs 

Appropriations Act, 2018 (Div. K, Pub. 

L. 115–141) (SFOAA), I hereby certify 

that the central government of 

Guatemala is: 

• Informing its citizens of the dangers 

of the journey to the southwest border 

of the United States; 

• combating human smuggling and 

trafficking; 

• improving border security, 

including preventing illegal migration, 

human smuggling and trafficking, and 

trafficking of illicit drugs and other 

contraband; and 

• cooperating with United States 

Government agencies and other 

governments in the region to facilitate 

the return, repatriation, and 

reintegration of illegal migrants arriving 

at the southwest border of the United 

States who do not qualify for asylum, 

consistent with international law. 

This certification shall be published 

in the Federal Register and, along with 

the accompanying Memorandum of 

Justification, shall be reported to 

Congress. 

Dated: August 11, 2018. 

Michael R. Pompeo, 

Secretary of State. 

[FR Doc. 2018–19777 Filed 9–11–18; 8:45 am] 

BILLING CODE 4710–29–P 

DEPARTMENT OF STATE 

[Public Notice: 10540] 

Certification Pursuant to Sections 

7045(a)(3)(A) of the Department of 

State, Foreign Operations, and Related 

Programs Appropriations Act, 2018 

By virtue of the authority vested in 

me as the Secretary of State, including 

pursuant to section 7045(a)(3)(A) of the 

Department of State, Foreign 

Operations, and Related Programs 

Appropriations Act, 2018 (Div. K, Pub. 

L. 115–141) (SFOAA), I hereby certify 

that the central government of El 

Salvador is: 

• Informing its citizens of the dangers 

of the journey to the southwest border 

of the United States; 

• combatting human smuggling and 

trafficking; 

• improving border security, 

including preventing illegal migration, 

human smuggling and trafficking, and 

trafficking of illicit drugs and other 

contraband; and 

• cooperating with United States 

Government agencies and other 

governments in the region to facilitate 

the return, repatriation, and 

reintegration of illegal migrants arriving 

at the southwest border of the United 

States who do not qualify for asylum, 

consistent with international law. 

This certification shall be published 

in the Federal Register and, along with 

the accompanying Memorandum of 

Justification, shall be reported to 

Congress. 

Dated: August 11, 2018. 

Michael R. Pompeo, 

Secretary of State. 

[FR Doc. 2018–19776 Filed 9–11–18; 8:45 am] 

BILLING CODE 4710–29–P 

DEPARTMENT OF STATE 

[Public Notice: 10542] 

Certification Pursuant to Sections 

7045(a)(3)(A) of the Department of 

State, Foreign Operations, and Related 

Programs Appropriations Act, 2018 

By virtue of the authority vested in 

me as the Secretary of State, including 

pursuant to section 7045(a)(3)(A) of the 

Department of State, Foreign 

Operations, and Related Programs 

Appropriations Act, 2018 (Div. K, Pub. 

L. 115–141) (SFOAA), I hereby certify 

that the central government of Honduras 

is: 

• Informing its citizens of the dangers 

of the journey to the southwest border 

of the United States; 

• combating human smuggling and 

trafficking; 

• improving border security, 

including preventing illegal migration, 

human smuggling and trafficking, and 

trafficking of illicit drugs and other 

contraband; and 

• cooperating with United States 

Government agencies and other 

governments in the region to facilitate 

the return, repatriation, and 

reintegration of illegal migrants arriving 

at the southwest border of the United 

States who do not qualify for asylum, 

consistent with international law. 

This certification shall be published 

in the Federal Register and, along with 

the accompanying Memorandum of 

Justification, shall be reported to 

Congress. 

Dated: August 11, 2018. 

Michael R. Pompeo, 

Secretary of State. 

[FR Doc. 2018–19775 Filed 9–11–18; 8:45 am] 

BILLING CODE 4710–29–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. PE–2018–72] 

Petition for Exemption; Summary of 

Petition Received; The Boeing 

Company 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of petition for exemption 

received. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of Federal 

Aviation Regulations. The purpose of 

this notice is to improve the public’s 

awareness of, and participation in, the 

FAA’s exemption process. Neither 

publication of this notice nor the 

inclusion or omission of information in 

the summary is intended to affect the 

legal status of the petition or its final 

disposition. 

DATES: Comments on this petition must 

identify the petition docket number and 

must be received on or before October 

2, 2018. 

ADDRESSES: Send comments identified 

by docket number FAA–2018–0746 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 


daltland on DSKBBV9HB2PROD with NOTICES