Rule2022-09162
Community Advantage Pilot Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 29, 2022
Effective
May 31, 2022
Issuing agencies
Small Business Administration
Abstract
The Small Business Administration (SBA) continues to refine and improve the design of the Community Advantage (CA) Pilot Program. SBA is issuing this document to revise the CA Pilot Program requirements to encourage increased lending in historically underserved markets.
Full Text
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<title>Federal Register, Volume 87 Issue 83 (Friday, April 29, 2022)</title>
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[Federal Register Volume 87, Number 83 (Friday, April 29, 2022)]
[Rules and Regulations]
[Pages 25398-25402]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09162]
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SMALL BUSINESS ADMINISTRATION
13 CFR Parts 120 and 121
[Docket No. SBA-2022-0003]
Community Advantage Pilot Program
AGENCY: Small Business Administration.
ACTION: Notification of changes to Community Advantage Pilot Program,
impact on regulations, and request for comments.
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SUMMARY: The Small Business Administration (SBA) continues to refine
and improve the design of the Community Advantage (CA) Pilot Program.
SBA is issuing this document to revise the CA Pilot Program
requirements to encourage increased lending in historically underserved
markets.
DATES: The changes identified in this document take effect May 31,
2022. Comment date: Comments must be received on or before May 31,
2022.
ADDRESSES: You may submit comments, identified by SBA docket number
SBA- 2022-0003, by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Mail: Darrel Eddingfield, Office of Financial Assistance,
U.S. Small Business Administration, 409 Third Street SW, Washington, DC
20416.
SBA will post all comments on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
If you wish to submit confidential business information (CBI) as
defined in the User Notice at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, please
submit the information to Darrel Eddingfield, Office of Financial
Assistance, U.S. Small Business Administration, 409 Third Street SW,
Washington, DC 20416, or send an email to <a href="/cdn-cgi/l/email-protection#42212d2f2f372c2b363b232634232c36232527023120236c252d34"><span class="__cf_email__" data-cfemail="8be8e4e6e6fee5e2fff2eaeffdeae5ffeaeceecbf8e9eaa5ece4fd">[email protected]</span></a>.
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 as to whether
it will publish the information.
FOR FURTHER INFORMATION CONTACT: Darrel Eddingfield, Office of
Financial
[[Page 25399]]
Assistance, U.S. Small Business Administration, 409 Third Street SW,
Washington, DC 20416; telephone: (202) 516-6676; email:
<a href="/cdn-cgi/l/email-protection#96f2f7e4e4f3fab8f3f2f2fff8f1f0fff3faf2d6e5f4f7b8f1f9e0"><span class="__cf_email__" data-cfemail="debabfacacbbb2f0bbbabab7b0b9b8b7bbb2ba9eadbcbff0b9b1a8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
1. Background
SBA has the authority to suspend, modify, or waive certain
regulations in establishing and testing pilot loan initiatives under 13
CFR 120.3. On February 18, 2011, SBA issued a notice and request for
comments introducing the CA Pilot Program (76 FR 9626), which was
created to meet the credit needs of small businesses in underserved
markets. In that notice, SBA modified or waived as appropriate certain
regulations which otherwise apply to 7(a) loans for the CA Pilot
Program.
Subsequent notices revised the CA Pilot Program to improve the
program experience for participants, improve CA Lenders' ability to
deliver capital to underserved markets, and appropriately manage risk
to the Agency. These notices were issued on the following dates:
September 12, 2011 (76 FR 56262), February 8, 2012 (77 FR 6619),
November 9, 2012 (77 FR 67433), December 28, 2015 (80 FR 80872),
September 12, 2018 (83 FR 46237), March 2, 2020 (85 FR 12369), and July
15, 2020 (85 FR 42964). On April 1, 2022 (87 FR 19165), SBA issued a
notice extending the CA Pilot Program until September 30, 2024 and
lifting the moratorium previously imposed on SBA accepting new CA
Lender applications.
2. Comments
Although the changes take effect May 31, 2022, comments are
solicited from interested members of the public on all aspects of the
CA Pilot Program. Comments must be submitted on or before the deadline
for comments listed in the DATES section. SBA will consider these
comments and the need for making any future revisions to the CA Pilot
Program.
3. Changes to the CA Pilot Program
Under 13 CFR 120.3, SBA has the authority to test new programs or
ideas in pilot programs that are limited in size and duration to
protect SBA from undue risk of loss. Testing new ideas in a limited
pilot program provides SBA with an opportunity to collect data to
determine which ideas most effectively accomplish the intended goals
and can be introduced as permanent rule changes versus other ideas that
can be quickly terminated when data indicates they produce poor
results. SBA has determined there is a gap in funding to underserved
markets and in small dollar loans. Because the CA Pilot Program is
specifically focused on making small loans in underserved markets, SBA
is using its authority under 13 CFR 120.3 to implement the following
modifications to determine their effectiveness in expanding capital to
underserved markets and increasing small dollar loans.
a. Modification of 13 CFR 120.410 and 120.440 for Participation in and
Use of Delegated Authority in the CA Pilot Program
To close the gap in funding for small businesses in underserved
markets by expediting loan decisions for small dollar loans, SBA is
modifying the regulations at 13 CFR 120.410 and 120.440, using the term
modify as contemplated under 13 CFR 120.3, for lender participation in
the CA Pilot Program and the conditions under which SBA will grant
delegated authority to CA Lenders to make CA loans without prior SBA
review of eligibility or creditworthiness. Subject to SBA's review and
prior approval, SBA may authorize certain CA Lenders to make CA
revolving lines of credit. Until receiving written authorization from
SBA, CA Lenders will not be permitted to approve revolving lines of
credit, under either delegated or non-delegated authority.
New lenders: A lender that is not an existing CA Lender as of April
1, 2022, must be approved by SBA to participate in the CA Pilot Program
before it can begin making CA loans. A new lender applying to
participate as a CA Lender must demonstrate at the time of its
application that it currently has at least 20 similarly-sized
commercial or business loans in its portfolio. This level of experience
is necessary because SBA will be granting delegated authority if the
Lender is approved to participate in the pilot.
Existing CA Lenders that have delegated authority: These CA Lenders
do not have to take any action and may begin using the procedures in
the updated CA Participant Guide when it is published.
Existing CA Lenders that do not have delegated authority as of
April 1, 2022: Notwithstanding the new authorities stated above, these
CA Lenders must continue to submit loan applications through the Loan
Guaranty Processing Center (LGPC) using nondelegated authority until
that time as they qualify for and are approved for delegated authority.
For these CA Lenders, SBA will grant delegated authority under the
rules that were in effect at the time the CA Lender was approved to
participate in the CA Pilot Program. Alternatively, a CA Lender may
apply for delegated authority at any time if it can demonstrate that it
currently has at least 20 similarly-sized commercial or business loans
in its portfolio, which may include its CA loans.
b. Modification of 13 CFR 120.150 Relating to Lending Criteria
SBA is modifying the regulation at 13 CFR 120.150, using the term
modify as contemplated under 13 CFR 120.3, which describes the lending
criteria that SBA and participating lenders must consider when
underwriting SBA-guaranteed loans. CA Lenders must ensure the Applicant
(including an Operating Company) is creditworthy and loans are so sound
as to reasonably assure repayment. CA Lenders must use appropriate and
prudent generally acceptable commercial credit analysis processes and
procedures consistent with those used for their similarly-sized, non-
SBA guaranteed commercial loans. When approving CA loans, CA Lenders
may consider any of the following criteria: Credit score or credit
history of the Applicant (and the Operating Company, if applicable),
its Associates and any guarantors; the earnings or cashflow of
Applicant; or where applicable any equity or collateral of the
Applicant.
Additionally, CA Lenders may use a business credit scoring model.
CA Lenders may use the FICO[supreg] Small Business Scoring Service\SM\
Score (SBSS) credit scoring model used in SBA's 7(a) Small Loan Program
or other credit scoring models. If a CA Lender uses a credit scoring
model other than SBSS, the CA Lender must validate the model, document
with appropriate statistical methodologies that their credit analysis
procedures are predictive of loan performance and must provide that
documentation to SBA upon request and during lender oversight reviews.
Credit scoring models could incorporate, for example, the earnings and
cashflow of an Applicant, equity, or collateral, in which case those
factors would not necessarily be separately considered by a CA Lender
unless otherwise specified by SBA Loan Program Requirements as defined
in 13 CFR 120.10 (e.g., where SBA requires an equity injection for
certain project financing). SBA will continue to require new CA Lender
Applicants to submit their credit policies at the time of application.
The use of credit scoring models will not replace the requirement
for CA Lenders to comply with other SBA Loan Program Requirements, for
example, ensuring the project meets program
[[Page 25400]]
eligibility requirements, adequate controls on disbursements are in
place, providing accurate descriptions of uses of proceeds, and
documenting that credit is not available elsewhere.
c. Modification of 13 CFR 120.110(n) for the Community Advantage Pilot
Program
SBA is modifying the regulation at 13 CFR 120.110(n), using the
term modify as contemplated under 13 CFR 120.3, to remove restrictions
that make ineligible any business with an Associate who is
incarcerated, on probation, on parole, or has been indicted for a
felony or a crime of moral turpitude. CA Lenders may continue to
conduct background checks and make risk-based lending decisions in
accordance with their own policies. SBA is making this change to
address concerns regarding equitable access under SBA programs and
economic opportunities for these individuals. There are roughly as many
Americans with criminal records as with college degrees,\1\ and the
criminal justice system disproportionally entangles Americans of color.
Individuals with prior convictions often have difficulty finding jobs,
many experience discrimination, others lack technical skillsets for the
modern workforce, and all face 29,000 employment-related legal
restrictions (e.g., inability to acquire licenses).\2\ Entrepreneurship
may offer this population a strong alternative, but many formerly
incarcerated individuals have little access to the credit necessary to
start a business.
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\1\ Just Facts: As Many Americans Have Criminal Records as
College Diplomas. Brennan Center for Justice.
\2\ The Price We Pay: Economic Costs of Barriers to Employment
for Former Prisoners and People Convicted of Felonies. Center For
Economic And Policy Research, June 16, 2016.
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d. Modification of 13 CFR 120.151 To Increase Maximum Allowable CA Loan
Size From $250,000 to $350,000
When SBA introduced the CA Pilot Program, it modified the maximum
loan amount for 7(a) loans in 13 CFR 120.151 to establish a maximum CA
loan size of $250,000. In this document, SBA is again modifying 13 CFR
120.151, using the term modify as contemplated under 13 CFR 120.3, to
increase the maximum CA loan size to $350,000 to align with the current
definition of a small loan as used in the regular 7(a) program. While
still considered small dollar loans, the larger loan amount limit will
allow Applicants to make necessary investments to start new businesses
such as the purchase of commercial real estate, machinery and
equipment, and inventory.
e. Modification of 13 CFR 120.221(a) To Revise Maximum Allowable Fees a
CA Lender May Charge
Currently, 13 CFR 120.221(a) permits Lenders to charge an Applicant
a reasonable fee to assist the Applicant with the preparation of the
application and supporting materials. However, SBA does not permit
Lenders to charge an Applicant a commitment, broker, referral, or
similar fee. SBA SOP 50 10 provides guidance on allowable fees and
compensation all Lenders, including CA Lenders, may charge an
Applicant. In a notice published on September 12, 2018 (83 FR 46237),
SBA modified 13 CFR 120.221(a) to limit the fees that a CA Lender or
Agent is permitted to collect from the Applicant to no more than
$2,500.
SBA determined the limits on fees may negatively affect CA Lenders'
willingness to make loans under the CA Pilot Program. Therefore, SBA is
modifying the allowable fee structure to offset costs that may prevent
CA lenders from making more loans, especially small loans under
$50,000. One of the ways SBA 7(a) Lenders are permitted to charge a fee
for packaging and other services is based on a percentage of the loan
amount, which is 3 percent for loans of $50,000 and less, and 2 percent
for larger loans. This allows a 7(a) Lender to charge a fee of up to
$7,000 for a $350,000 7(a) loan where the CA Lender is currently
permitted to charge a fee of up to $2,500 for all CA loans.
For these reasons, SBA is again modifying 13 CFR 120.221(a), using
the term modify as contemplated under 13 CFR 120.3, and revising the
method of calculating the maximum fee a CA Lender may charge the
Applicant for packaging and other services as follows:
i. For CA loans up to $5,000: Fee may not exceed 10 percent of the
loan amount;
ii. For CA loans greater than $5,000 and up to and including
$10,000: Fee may not exceed $500;
iii. For CA loans greater than $10,000 up to and including $50,000:
Fee may not exceed 5 percent of the loan amount or $1,750, whichever is
less; and
iv. For CA loans greater than $50,000: Fee may not exceed 2.5
percent or $1,750, whichever is greater.
Except for necessary out-of-pocket costs such as filing or
recording fees permitted in Sec. 120.221(c), this is the only fee or
compensation a CA Lender may directly or indirectly collect from an
Applicant for assistance with obtaining a CA loan. In addition, the CA
Lender may not split a loan into two loans for the purpose of charging
an additional fee to an Applicant. Any fees the CA Lender or any Agent
charges an Applicant must be disclosed to the Applicant and SBA by
completion of the SBA Form 159, ``Fee Disclosure Form and Compensation
Agreement,'' and the CA Lender must electronically submit a copy of the
executed form and any supporting documentation through SBA's Capital
Access Financial System (CAFS). SBA's Office of Credit Risk Management
(OCRM) tracks fees and compensation Lenders and Agents collect from
Applicants and Borrowers to allow SBA to monitor and track the actual
costs to Borrowers in obtaining SBA-guaranteed loans.
SBA considers the revised fee structure to be reasonable. SBA will
continue to monitor this fee structure and may revise this amount by
publishing a notice with request for comment in the Federal Register.
f. Modification of 13 CFR 120.213, 120.214, and 120.215 To Revise
Maximum Allowable Interest Rates a CA Lender May Charge
When SBA announced the CA Pilot Program and again in a subsequent
notice, it modified the regulations at 13 CFR 120.213, 120.214, and
120.215 in order to permit CA Lenders to charge up to Prime plus 6
percent on loans of any size. (See, 79 FR 9626, February 18, 2011, and
77 FR 6619, February 8, 2012.) To incentivize CA Lenders to make more
smaller dollar loans, SBA is again revising the regulations at 13 CFR
120.213, 120.214, and 120.215, using the term modify as contemplated
under 13 CFR 120.3, by setting the maximum interest rates that CA
Lenders may charge. For CA loans approved on or after the effective
date of this document, CA Lenders may charge, for loans up to $50,000,
Prime plus 6.5 percent; for loans greater than $50,000 up to and
including $250,000, Prime plus 6 percent; for loans greater than
$250,000 up to and including $350,000, Prime plus 4.5 percent.
g. Revise Collateral Requirements for CA Loans
SBA is making the following changes to collateral requirements to
increase the speed with which CA Lenders may make small loans while
also decreasing costs to the CA Lender and Borrower. Personal and/or
corporate guaranties must still be obtained in accordance with 13 CFR
120.160(a) and SOP 50 10.
Loans $50,000 or less: CA Lenders currently are required to follow
the guidance on collateral provided in the CA Participant Guide and in
SBA SOP 50 10, which states that for loans of $25,000 or less, the CA
Lender is not required to take collateral. For CA loans
[[Page 25401]]
approved on or after the effective date of this document, SBA will not
require CA Lenders to take collateral on loans of $50,000 or less.
Loans greater than $50,000: SBA currently requires that for CA
loans over $50,000, the CA Lender must follow the collateral policies
and procedures it has established and implemented for its similarly-
sized, non-SBA-guaranteed commercial loans; however, at a minimum, the
CA Lender must require as collateral a first lien on all assets
financed with the CA loan proceeds. The CA Lender is also required to
take a lien on all the Borrower's fixed assets, including real estate,
up to the point the CA loan is ``fully secured'' in accordance with the
collateral valuations provided in SOP 50 10 6, Part 2, Section B,
Chapter 1. Upon the effective date of this document, SBA will require
the CA Lender to take real estate as collateral only if one of the
following conditions are met:
i. The real estate is being acquired with the CA loan proceeds; or
ii. The CA loan proceeds will finance improvements to real estate
owned by the Borrower or its Associates; or
iii. The CA loan proceeds will refinance debt originally used to
acquire, or improve the real estate owned by the Borrower or its
Associates.
h. Modification of 13 CFR 120.130(c) To Allow Certain CA Lenders To
Provide Revolving Lines of Credit
Under the existing CA Pilot Program, CA Lenders are not authorized
to make revolving lines of credit. To improve access to working capital
in underserved markets, SBA is modifying the regulation at 13 CFR
120.130(c), using the term modify as contemplated under 13 CFR 120.3,
which currently prohibits a borrower from using loan proceeds for floor
plan financing or other revolving line of credit, except under the
Export Working Capital Program or the CAPLines Program. Subject to
SBA's review and prior approval, SBA may authorize certain CA Lenders
to make CA revolving lines of credit. Until receiving written
authorization from SBA, CA Lenders will not be permitted to approve
revolving lines of credit, under either delegated or non-delegated
authority.
i. Modification of 13 CFR 120.160(c) To Revise the Requirement for
Hazard Insurance for CA Loans
As set forth in 13 CFR 120.160(c), SBA currently requires hazard
insurance on all collateral and does not distinguish this requirement
by loan size. SBA determined that the hazard insurance requirement is
particularly burdensome and costly for businesses seeking small dollar
loans. Therefore, SBA is modifying the regulation at 13 CFR 120.160(c),
using the term modify as contemplated under 13 CFR 120.3, to permit CA
Lenders to follow the hazard insurance policies and procedures they
have established and implemented for their similarly-sized, non-SBA-
guaranteed commercial loans.
CA Lenders must continue ensuring that Borrowers obtain flood
insurance per 13 CFR 120.170 when required under the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4000 et seq.).
j. Modification of 13 CFR 121.301(f) To Modify the Affiliation
Principles for Applicants for CA Loans
Currently, 13 CFR 121.301 states the size standards and affiliation
principles that are applicable to SBA's financial assistance programs.
Paragraph (f) details how affiliation principles are applied for the
7(a) Loan Program, among others. This paragraph has seven sub-
paragraphs, each of which details a separate affiliation principle that
must be applied to the applicant and other entities to determine
whether the entities are affiliated. The determination of affiliation
is necessary to ensure that an applicant is ``small'' for purposes of
eligibility for SBA financial assistance and to ensure that the
applicant (including affiliates) does not exceed the maximum guaranty
amount available. The seven sub-paragraphs consider: (1) Affiliation
based on ownership, including the principal of control of one entity
over another; (2) affiliation arising under stock options, convertible
securities, and agreements to merge, including the principal of control
of one entity over another; (3) affiliation based on management,
including the principal of control of one entity over another; (4)
affiliation based on identity of interest between close relatives; (5)
affiliation based on franchise and license agreements, including the
principal of control of one entity over another; (6) determining the
concern's size; and (7) exceptions to affiliation.
Participating CA Lenders and the public have requested
simplification of the affiliation rules for SBA's financial assistance
programs, and recent Congressional actions have streamlined the
affiliation rules for certain circumstances. For example, certain
temporary COVID-19 pandemic relief programs enacted by Congress
streamlined SBA's financial assistance affiliation requirements to
speed relief to small businesses in hard-hit industries. For example,
the CARES Act created the Paycheck Protection Program (PPP), which is a
temporary 7(a) Loan Program, and for that program, Congress waived
affiliation requirements for businesses operating under North American
Industry Classification System (NAICS) Code 72 (Accommodations and Food
Services), for small businesses operating under a franchise agreement
listed on SBA's Franchise Directory, and for small businesses that were
financed by a Small Business Investment Company (SBIC).
Drawing on the successful experience of affiliation streamlining
under the temporary pandemic relief programs and mindful of CA Lender
and public comments requesting affiliation streamlining for the CA
Pilot Program, SBA is modifying the regulation at 13 CFR 121.301(f),
using the term modify as contemplated under 13 CFR 120.3, for
Applicants for CA loans to simplify the program requirements,
streamline the application process for CA loans, and facilitate the
review of such applications. SBA is specifically removing the principal
of control of one entity over another when determining affiliation
because the concept of control has proven particularly burdensome for
applicants and lenders to understand and implement.
Accordingly, for purposes of the CA Pilot Program, CA Lenders will
apply the following principles of affiliation to Applicants for CA
loans:
<bullet> Affiliation. Any of the circumstances described below
establishes affiliation for applicants of the CA Pilot Program:
1. Ownership.
i. Considering what the applicant or applicant's owners own.
A. Entities the Applicant owns. An applicant is affiliated with
another business entity where the applicant owns more than 50 percent
of another business.
B. Entities owned by owners of the applicant. An applicant is
affiliated with another business entity where no single individual or
entity owns more than 50 percent of the applicant,
1. An owner of 20 percent or more of the applicant owns more than
50 percent of the other business entity, and
2. The applicant operates in the same 3-digit NAICS subsector as
the other business entity.
ii. Considering who owns the applicant.
A. An applicant is affiliated with another business entity where
the other business entity owns more than 50 percent of the applicant.
B. An applicant is affiliated with another business entity where no
single
[[Page 25402]]
individual or entity owns more than 50 percent of the applicant,
1. The other business entity owns 20 percent or more of the
applicant, and
2. The other business entity operates in the same 3-digit NAICS
subsector as the applicant.
2. Stock options, convertible securities, and agreements to merge.
i. SBA considers stock options, convertible securities, and
agreements to merge (including agreements in principle) to have a
present effect on the ownership of the entity. SBA treats such options,
convertible securities, and agreements as though the rights granted
have been exercised.
ii. Agreements to open or continue negotiations towards the
possibility of a merger or a sale of stock at some later date are not
considered ``agreements in principle'' and are thus not given present
effect.
iii. Options, convertible securities, and agreements that are
subject to conditions precedent which are incapable of fulfillment,
speculative, conjectural, or unenforceable under state or Federal law,
or where the probability of the transaction (or exercise of the rights)
occurring is shown to be extremely remote, are not given present
effect.
iv. SBA will not give present effect to individuals', concerns', or
other entities' ability to divest all or part of their ownership
interest in order to avoid a finding of affiliation.
3. Determining the concern's size. In determining the concern's
size, SBA counts the receipts, employees (Sec. 121.201), or the
alternate size standard (if applicable) of the concern whose size is at
issue and all of its domestic and foreign affiliates, regardless of
whether the affiliates are organized for profit.
4. Exceptions to affiliation. For exceptions to affiliation, see 13
CFR 121.103(b). Additional guidance will be provided in the updated CA
Participant Guide.
4. General Information
The changes in this document are limited to the CA Pilot Program
only. All other SBA guidelines and regulatory modifications related to
the CA Pilot Program remain unchanged. The regulatory modifications
described in this document are authorized by 13 CFR 120.3, which
provides that the SBA Administrator may suspend, modify, or waive rules
for a limited period to test new programs or ideas. These modifications
apply only to loans made under the CA Pilot Program, which expires
September 30, 2024.
SBA has provided more detailed guidance in the form of a CA
Participant Guide that is being updated to reflect these changes and
will be available on SBA's website at <a href="https://www.sba.gov">https://www.sba.gov</a>. SBA may
provide additional guidance, through SBA notices, which may also be
published on SBA's website at <a href="https://www.sba.gov/category/lender-navigation/forms-notices-sops/notices">https://www.sba.gov/category/lender-navigation/forms-notices-sops/notices</a>. 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
<a href="https://www.sba.gov/about-offices-list/2">https://www.sba.gov/about-offices-list/2</a>.
Authority: 15 U.S.C. 636(a)(25) and 13 CFR 120.3.
Isabella Casillas Guzman,
Administrator.
[FR Doc. 2022-09162 Filed 4-28-22; 8:45 am]
BILLING CODE 8026-03-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.