35550 Federal Register / Vol. 85, No. 113 / Thursday, June 11, 2020 / Rules and Regulations

each class of oil, including whether the access to Government information and (b) Class 3 (Native) oil—a salable
estimated season average price to services, and for other purposes. quantity of 1,230,531 pounds and an
producers is likely to exceed parity. A proposed rule concerning this allotment percentage of 49 percent.
Based on its review, the Committee action was published in the Federal Bruce Summers,
believes that the salable quantities and Register on February 20, 2020 (85 FR Administrator, Agricultural Marketing
allotment percentages established in 9699). Copies of the proposed rule were Service.
this rule will achieve the objectives
also mailed or sent via facsimile to all [FR Doc. 2020–10945 Filed 6–10–20; 8:45 am]
sought. The Committee also believes
Far West spearmint oil handlers. The BILLING CODE 3410–02–P
that, should there be no volume
regulation in effect for the upcoming proposal was made available through
marketing year, the Far West spearmint the internet by USDA and the Office of
oil industry will return to the the Federal Register. A 60-day comment SMALL BUSINESS ADMINISTRATION
pronounced cyclical price patterns that period ending April 20, 2020, was
occurred prior to the promulgation of provided for interested persons to 13 CFR Parts 120 and 121
the Order. As previously stated, annual respond to the proposal. No comments [Docket Number SBA–2020–0034]
salable quantities and allotment were received during the comment
RIN 3245–AH48
percentages have been issued for both period. Accordingly, no changes will be
classes of spearmint oil since the made to the rule as proposed. Business Loan Program Temporary
Order’s inception. The salable quantities A small business guide on complying Changes; Paycheck Protection
and allotment percentages established with fruit, vegetable, and specialty crop Program—Eligibility of Certain
herein are expected to facilitate the goal marketing agreements and orders may Telephone Cooperatives
of maintaining orderly marketing be viewed at: https://
conditions for Far West spearmint oil AGENCY: U.S. Small Business
www.ams.usda.gov/rules-regulations/
for the 2020–2021 and future marketing Administration.
moa/small-businesses. Any questions
years. about the compliance guide should be ACTION: Interim final rule.
Costs to producers and handlers, large sent to Richard Lower at the previously
and small, resulting from this action are SUMMARY: On April 2, 2020, the U.S.
mentioned address in the FOR FURTHER Small Business Administration (SBA)
expected to be offset by the benefits
INFORMATION CONTACT section. posted an interim final rule announcing
derived from a more stable market and
increased returns. The benefits of this After consideration of all relevant the implementation of the Coronavirus
rule are expected to be equally available material presented, including the Aid, Relief, and Economic Security Act
to all producers and handlers regardless information and recommendation (CARES Act). The CARES Act
of their size. submitted by the Committee and other temporarily adds a new program, titled
In accordance with the Paperwork available information, it is hereby found the ‘‘Paycheck Protection Program,’’ to
Reduction Act of 1995 (44 U.S.C. that this rule will tend to effectuate the the SBA’s 7(a) Loan Program. The
Chapter 35), the Order’s information declared policy of the Act. CARES Act also provides for forgiveness
collection requirements have been of up to the full principal amount of
previously approved by OMB and List of Subjects in 7 CFR Part 985 qualifying loans guaranteed under the
assigned OMB No. 0581–0178, Paycheck Protection Program (PPP). The
Marketing agreements, Oils and fats, PPP is intended to provide economic
Vegetable and Specialty Crops. No Reporting and recordkeeping
changes are necessary in those relief to small businesses nationwide
requirements, Spearmint oil. adversely impacted by the Coronavirus
requirements as a result of this action.
Should any changes become necessary, For the reasons set forth in the Disease 2019 (COVID–19). This interim
they would be submitted to OMB for preamble, 7 CFR part 985 is amended as final rule supplements previously
approval. follows: published interim final rules by
This rule establishes the salable providing guidance on additional
quantities and allotment percentages for PART 985—MARKETING ORDER eligibility requirements for certain
Scotch spearmint oil and Native REGULATING THE HANDLING OF telephone cooperatives, and requests
spearmint oil produced in the Far West SPEARMINT OIL PRODUCED IN THE public comment.
during the 2020–2021 marketing year. FAR WEST DATES:
Accordingly, this rule does not impose Effective date: This rule is effective
any additional reporting or ■ 1. The authority citation for 7 CFR June 8, 2020.
recordkeeping requirements on either part 985 continues to read as follows: Applicability date: This interim final
small or large spearmint oil producers rule applies to applications submitted
Authority: 7 U.S.C. 601–674.
or handlers. As with all Federal under the Paycheck Protection Program
marketing order programs, reports and ■ 2. Add § 985.235 to read as follows: through June 30, 2020, or until funds
forms are periodically reviewed to made available for this purpose are
reduce information requirements and § 985.235 Salable quantities and allotment exhausted.
duplication by industry and public- percentages—2020–2021 marketing year. Comment date: Comments must be
sector agencies. USDA has not The salable quantity and allotment received on or before July 13, 2020.
identified any relevant Federal rules percentage for each class of spearmint ADDRESSES: You may submit comments,
that duplicate, overlap, or conflict with oil during the marketing year beginning identified by number SBA–2020–0034

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this final rule. on June 1, 2020, shall be as follows: through the Federal eRulemaking Portal:
AMS is committed to complying with http://www.regulations.gov. Follow the
the E-Government Act, to promote the (a) Class 1 (Scotch) oil—a salable instructions for submitting comments.
use of the internet and other quantity of 838,404 pounds and an SBA will post all comments on
information technologies to provide allotment percentage of 38 percent. www.regulations.gov. If you wish to
increased opportunities for citizen submit confidential business

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Federal Register / Vol. 85, No. 113 / Thursday, June 11, 2020 / Rules and Regulations 35551

information (CBI) as defined in the User affected by the coronavirus pandemic. that they may be exempt from taxation
Notice at www.regulations.gov, please The Small Business Administration or organized under state nonprofit
send an email to ppp-ifr@sba.gov. (SBA) received funding and authority statutes in certain jurisdictions, while
Highlight the information that you through the CARES Act to modify they operate as businesses. For example,
consider to be CBI and explain why you existing loan programs and establish a telephone cooperatives provide
believe SBA should hold this new loan program to assist small telecommunications services and
information as confidential. SBA will businesses nationwide adversely distribute capital credits to their
review the information and make the impacted by the COVID–19 emergency. member-owners.
final determination whether it will Section 1102 of the CARES Act On May 14, 2020, SBA posted an
publish the information. temporarily permits SBA to guarantee interim final rule providing that certain
FOR FURTHER INFORMATION CONTACT: A 100 percent of 7(a) loans under a new electric cooperatives, which may also be
Call Center Representative at 833–572– program titled the ‘‘Paycheck Protection exempt from taxation or organized
0502, or the local SBA Field Office; the Program.’’ Section 1106 of the CARES under state nonprofit statutes, but
list of offices can be found at https:// Act provides for forgiveness of up to the which return any excess of net operating
www.sba.gov/tools/local-assistance/ full principal amount of qualifying revenues over their cost of operations to
districtoffices. loans guaranteed under the Paycheck their member-owners, will be
Protection Program (PPP). On April 24, considered to be ‘‘a business entity
SUPPLEMENTARY INFORMATION: SBA organized for profit’’ under 13 CFR
2020, the President signed the Paycheck
posted additional interim final rules on Protection Program and Health Care 121.105(a)(1) for purposes of the PPP
April 3, 2020, April 14, 2020, April 24, Enhancement Act (Pub. L. 116–139), and therefore eligible to receive PPP
2020, April 28, 2020, April 30, 2020, which provided additional funding and loans, provided they meet other
May 5, 2020, May 8, 2020, May 13, authority for the PPP. eligibility criteria. See 85 FR 29847.
2020, May 14, 2020, May 18, 2020, May Among the categories of entities that Because telephone cooperatives also
20, 2020, and May 22, 2020; SBA and are eligible PPP borrowers are business operate as businesses, as described
Treasury posted an additional interim concerns and certain nonprofit below, and to provide certainty to
final rule on May 22, 2020; and the organizations described in section potential PPP applicants, this interim
Department of the Treasury posted an 501(c)(3) of the Internal Revenue Code final rule provides that, for purposes of
additional interim final rule on April (the Code). This interim final rule the PPP, a telephone cooperative that is
28, 2020. This interim final rule addresses the eligibility of mutual or exempt from federal income taxation
supplements the previously posted cooperative telephone companies that under section 501(c)(12) of the Code
interim final rules by providing are described in section 501(c)(12) of the also will be considered to be ‘‘a business
guidance on additional eligibility Internal Revenue Code (telephone entity organized for profit’’ under 13
requirements for certain telephone cooperatives) as PPP borrowers. Existing CFR 121.105(a)(1). As a result, such
cooperatives, and requests public SBA regulations define ‘‘business telephone cooperatives are eligible PPP
comment. concern’’ as ‘‘a business entity borrowers, as long as other eligibility
I. Background Information organized for profit,’’ subject to certain requirements are met.
limitations. 13 CFR 121.105(a)(1).
On March 13, 2020, President Trump II. Comments and Immediate Effective
Generally, telephone cooperatives are
declared the ongoing Coronavirus Date
organizations that are owned and
Disease 2019 (COVID–19) pandemic of controlled by members who receive The intent of the Act is that SBA
sufficient severity and magnitude to telecommunications services from the provide relief to America’s small
warrant an emergency declaration for all cooperative. Telephone cooperatives businesses expeditiously. This intent,
States, territories, and the District of periodically return any excess of net along with the dramatic decrease in
Columbia. With the COVID–19 operating revenues over their cost of economic activity nationwide, provides
emergency, many small businesses operations—such as through ‘‘capital good cause for SBA to dispense with the
nationwide are experiencing economic credits’’—to their member-owners. In 30-day delayed effective date provided
hardship as a direct result of the addition, telephone cooperatives in the Administrative Procedure Act.
Federal, State, tribal, and local public meeting the description of section Specifically, it is critical to meet
health measures that are being taken to 501(c)(12) of the Code may be exempt lenders’ and borrowers’ need for clarity
minimize the public’s exposure to the from federal income taxation under concerning program requirements as
virus. These measures, some of which section 501(a) of the Code. To qualify rapidly as possible because the last day
are government-mandated, are being for the exemption, a telephone eligible borrowers can apply for and
implemented nationwide and include cooperative must receive at least 85 receive a loan is June 30, 2020.
the closures of restaurants, bars, and percent of its income each year from its This interim final rule supplements
gyms. In addition, based on the advice members. The 85 percent member previous regulations and guidance on an
of public health officials, other income test is computed annually. A important, discrete issue. The
measures, such as keeping a safe telephone cooperative may be exempt in immediate effective date of this interim
distance from others or even stay-at- one year, lose exemption in another year final rule will benefit lenders so that
home orders, are being implemented, if it does not derive at least 85 percent they can swiftly close and disburse
resulting in a dramatic decrease in of its income from members, and loans to small businesses. This interim
economic activity as the public avoids become exempt in a third year. Because final rule is effective without advance
malls, retail stores, and other of their potential tax exemption under notice and public comment because
businesses. section 501(c)(12) of the Code, section 1114 of the Act authorizes SBA

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On March 27, 2020, the President telephone cooperatives have faced to issue regulations to implement Title
signed the Coronavirus Aid, Relief, and uncertainty about their eligibility to I of the Act without regard to notice
Economic Security Act (the CARES Act) receive PPP loans. requirements. This rule is being issued
(Pub. L. 116–136) to provide emergency The Administrator, in consultation to allow for immediate implementation
assistance and health care response for with the Secretary, understands that of this program. Although this interim
individuals, families, and businesses telephone cooperatives are unusual in final rule is effective immediately,

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35552 Federal Register / Vol. 85, No. 113 / Thursday, June 11, 2020 / Rules and Regulations

comments are solicited from interested Administrator, in consultation with the SBA has determined that this rule has
members of the public on all aspects of Secretary, has determined that this no federalism implications warranting
the interim final rule, including section treatment is appropriate to effectuate the preparation of a federalism assessment.
III below. These comments must be purposes of the CARES Act to provide
Paperwork Reduction Act, 44 U.S.C.
submitted on or before July 13, 2020. assistance to eligible PPP borrowers,
Chapter 35
SBA will consider these comments and including business concerns, affected by
the need for making any revisions as a the COVID–19 emergency. SBA has determined that this rule
result of these comments. will not impose new or modify existing
2. Additional Information recordkeeping or reporting requirements
III. Paycheck Protection Program SBA may provide further guidance, if under the Paperwork Reduction Act.
Additional Eligibility Criteria needed, through SBA notices that will
Regulatory Flexibility Act (RFA)
Overview be posted on SBA’s website at
www.sba.gov. Questions on the The Regulatory Flexibility Act (RFA)
The CARES Act was enacted to generally requires that when an agency
Paycheck Protection Program may be
provide immediate assistance to issues a proposed rule, or a final rule
directed to the Lender Relations
individuals, families, and organizations pursuant to section 553(b) of the APA or
Specialist in the local SBA Field Office.
affected by the COVID–19 emergency. another law, the agency must prepare a
The local SBA Field Office may be
Among the provisions contained in the regulatory flexibility analysis that meets
found at https://www.sba.gov/tools/
CARES Act are provisions authorizing the requirements of the RFA and
local-assistance/districtoffices.
SBA to temporarily guarantee loans publish such analysis in the Federal
under the PPP. Loans under the PPP Compliance With Executive Orders Register. 5 U.S.C. 603, 604. Specifically,
will be 100 percent guaranteed by SBA, 12866, 12988, 13132, 13563, and 13771, the RFA normally requires agencies to
and the full principal amount of the the Paperwork Reduction Act (44 U.S.C. describe the impact of a rulemaking on
loans and any accrued interest may Ch. 35), and the Regulatory Flexibility small entities by providing a regulatory
qualify for loan forgiveness. Additional Act (5 U.S.C. 601–612) impact analysis. Such analysis must
information about the PPP is available address the consideration of regulatory
Executive Orders 12866, 13563, and
in interim final rules published by SBA options that would lessen the economic
13771
and the Department of the Treasury in effect of the rule on small entities. The
the Federal Register (85 FR 20811, 85 This interim final rule is
RFA defines a ‘‘small entity’’ as (1) a
FR 20817, 85 FR 21747, 85 FR 23450, economically significant for the
proprietary firm meeting the size
85 FR 23917, 85 FR 26321, 85 FR 26324, purposes of Executive Orders 12866 and
standards of the Small Business
85 FR 27287, 85 FR 29845, 85 FR 29842, 13563, and is considered a major rule
Administration (SBA); (2) a nonprofit
85 FR 29847, 85 FR 30835, 85 FR 31357, under the Congressional Review Act.
organization that is not dominant in its
85 FR 33004, and 85 FR 33010), SBA, however, is proceeding under the
field; or (3) a small government
collectively, the PPP Interim Final emergency provision at Executive Order
jurisdiction with a population of less
Rules. 12866 Section 6(a)(3)(D) based on the
than 50,000. 5 U.S.C. 601(3)–(6). Except
need to move expeditiously to mitigate
1. Eligibility of Certain Telephone for such small government jurisdictions,
the current economic conditions arising
Cooperatives neither State nor local governments are
from the COVID–19 emergency. This
‘‘small entities.’’ Similarly, for purposes
Are telephone cooperatives that are rule’s designation under Executive
of the RFA, individual persons are not
exempt from federal income taxation Order 13771 will be informed by public
small entities. The requirement to
under section 501(c)(12) of the Internal comment.
conduct a regulatory impact analysis
Revenue Code eligible for a PPP loan?
Yes. Telephone cooperatives provide Executive Order 12988 does not apply if the head of the agency
telecommunications services and return SBA has drafted this rule, to the ‘‘certifies that the rule will not, if
any excess of net operating revenues extent practicable, in accordance with promulgated, have a significant
over their cost of operations to their the standards set forth in section 3(a) economic impact on a substantial
member-owners, such as through capital and 3(b)(2) of Executive Order 12988, to number of small entities.’’ 5 U.S.C.
credits. Accordingly, for purposes of the minimize litigation, eliminate 605(b). The agency must, however,
PPP, the Administrator, in consultation ambiguity, and reduce burden. The rule publish the certification in the Federal
with the Secretary, has determined that has no preemptive or retroactive effect. Register at the time of publication of the
a telephone cooperative that is exempt rule, ‘‘along with a statement providing
Executive Order 13132 the factual basis for such certification.’’
from federal income taxation under
section 501(c)(12) of the Internal SBA has determined that this rule If the agency head has not waived the
Revenue Code will be considered to be will not have substantial direct effects requirements for a regulatory flexibility
‘‘a business entity organized for profit’’ on the States, on the relationship analysis in accordance with the RFA’s
for purposes of 13 CFR 121.105(a)(1). As between the National Government and waiver provision, and no other RFA
a result, such entities are eligible PPP the States, or on the distribution of exception applies, the agency must
borrowers, as long as other eligibility power and responsibilities among the prepare the regulatory flexibility
requirements are met. To be eligible, a various layers of government. Therefore, analysis and publish it in the Federal
telephone cooperative must satisfy the Register at the time of promulgation or,
employee-based size standard qualify for the PPP as a small business concern if, if the rule is promulgated in response to
as of March 27, 2020: (1) The maximum tangible net an emergency that makes timely
established in the CARES Act, SBA’s worth of the business was not more than $15
employee-based size standard million; and (2) the average net income after
compliance impracticable, within 180

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corresponding to its primary industry, if Federal income taxes (excluding any carry-over days of publication of the final rule. 5
higher, or both tests in SBA’s losses) of the business for the two full fiscal years U.S.C. 604(a), 608(b). Rules that are
before the date of the application is not more than exempt from notice and comment are
‘‘alternative size standard.’’ 1 The $5 million. For a telephone cooperative that does
not have net income, the telephone cooperative’s
also exempt from the RFA requirements,
1 Under the alternative size standard, a business capital credits distributed to its owner-members including conducting a regulatory
concern, including a telephone cooperative, can will be considered its net income. flexibility analysis, when among other

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Federal Register / Vol. 85, No. 113 / Thursday, June 11, 2020 / Rules and Regulations 35553

things the agency for good cause finds • Federal eRulemaking Portal: Go to located behind crew seat 2 and forward
that notice and public procedure are https://www.regulations.gov. Follow the of passenger seat 5. The investigation
impracticable, unnecessary, or contrary instructions for submitting comments. into the incident determined the
to the public interest. SBA Office of • Fax: 202–493–2251. probable root cause was a malfunction
Advocacy guide: How to Comply with • Mail: U.S. Department of of the headset amplifier (part number
the Regulatory Flexibility Act, Ch.1. p.9. Transportation, Docket Operations, M– (P/N) 38849–001) and the microphone
Accordingly, SBA is not required to 30, West Building Ground Floor, Room interface (P/N 35809–001) circuit card
conduct a regulatory flexibility analysis. W12–140, 1200 New Jersey Avenue SE, assemblies for the 3.5 millimeter (mm)
Jovita Carranza,
Washington, DC 20590. audio and microphone jacks. This
• Hand Delivery: Deliver to Mail malfunction can result in an electrical
Administrator.
address above between 9 a.m. and 5 short and subsequent uncontained cabin
[FR Doc. 2020–12623 Filed 6–8–20; 2:00 pm]
p.m., Monday through Friday, except fire without activating circuit
BILLING CODE 8026–03–P
Federal holidays. protection.
For service information identified in This condition, if not addressed,
this final rule, contact Cirrus Design could lead to an uncontained cabin fire,
DEPARTMENT OF TRANSPORTATION Corporation; 4515 Taylor Circle Duluth, resulting in possible occupant injury or
MN 55811; phone: (800) 279–4322; loss of airplane control.
Federal Aviation Administration
email: info@cirrusaircraft.com; internet: Related Service Information Under 1
https://cirrusaircraft.com. You may CFR Part 51
14 CFR Part 39
view the referenced service information
[Docket No. FAA–2020–0546; Project at the FAA, Airworthiness Products The FAA reviewed Cirrus Alert
Identifier 2020–CE–001–AD; Amendment Section, Operational Safety Branch, 901 Service Bulletin Number SBA5X–23–03,
39–21137; AD 2020–03–50] Locust, Kansas City, Missouri 64106. dated February 7, 2020 (SBA5X–23–03).
RIN 2120–AA64 For information on the availability of The service information contains
this material at the FAA, call (816) 329– instructions to disconnect and remove
Airworthiness Directives; Cirrus 4148. It is also available on the internet the headset amplifier and microphone
Design Corporation Airplanes at https://www.regulations.gov by interface circuit card assemblies for the
searching for and locating Docket No. 3.5 mm audio and microphone jacks.
AGENCY: Federal Aviation This service information is reasonably
Administration (FAA), DOT. FAA–2020–0546.
available because the interested parties
ACTION: Final rule; request for Examining the AD Docket have access to it through their normal
comments. You may examine the AD docket on course of business or by the means
SUMMARY: The FAA is adopting a new the internet at https:// identified in the ADDRESSES section.
airworthiness directive (AD) for certain www.regulations.gov by searching for FAA’s Determination
Cirrus Design Corporation (Cirrus) and locating Docket No. FAA–2020–
0546; or in person at Docket Operations The FAA is issuing this AD because
Model SF–50 airplanes. This AD was it evaluated all the relevant information
sent previously as an emergency AD to between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. and determined the unsafe condition
all known U.S. owners and operators of described previously is likely to exist or
these airplanes. This AD requires The AD docket contains this final rule,
the regulatory evaluation, any develop in other products of the same
disconnecting and removing the headset type design.
amplifier and microphone interface comments received, and other
circuit card assemblies for the 3.5 mm information. The street address for AD Requirements
audio and microphone jacks. This AD Docket Operations is listed above.
This AD requires accomplishing the
was prompted by a cabin fire incident Comments will be available in the AD
actions specified in SBA5X–23–03 as
that occurred on a Cirrus Model SF50 docket shortly after receipt.
described previously.
airplane during ground operations FOR FURTHER INFORMATION CONTACT:
where the operator observed smoke Joseph Dubusky, Aerospace Engineer, FAA’s Justification and Determination
exiting from behind the right sidewall Chicago ACO Branch, FAA, 2300 East of the Effective Date
interior panel. The FAA is issuing this Devon Avenue, Room 107, Des Plaines, An unsafe condition exists that
AD to address the unsafe condition on Illinois 60018; phone: 847–294–7543; required the immediate adoption of
these products. fax: 847–294–7834; email: Emergency AD 2020–03–50, issued on
DATES: This AD is effective June 11, joseph.dubusky@faa.gov. February 14, 2020, to all known U.S.
2020 to all persons except those persons SUPPLEMENTARY INFORMATION: owners and operators of these airplanes.
to whom it was made immediately The FAA found that the risk to the
effective by Emergency AD 2020–03–50, Discussion flying public justified waiving notice
issued on February 14, 2020, which On February 14, 2020, the FAA issued and comment prior to adoption of this
contained the requirements of this Emergency AD 2020–03–05, which rule because immediate corrective
amendment. requires disconnecting and removing action was necessary to prevent an
The Director of the Federal Register the headset amplifier and microphone electrical short and subsequent
approved the incorporation by reference interface circuit card assemblies. This uncontained cabin fire, which could
of a certain publication identified in this emergency AD was sent previously to result in occupant injury or loss of
AD as of June 11, 2020. all known U.S. owners and operators of airplane control. These conditions still
The FAA must receive comments on

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these airplanes. This action was exist and the AD is hereby published in
this AD by July 27, 2020. prompted by a cabin fire incident that the Federal Register as an amendment
ADDRESSES: You may send comments, occurred on a Cirrus Model SF50 to section 39.13 of the Federal Aviation
using the procedures found in 14 CFR airplane during ground operations. The Regulations (14 CFR 39.13) to make it
11.43 and 11.45, by any of the following operator observed smoke exiting from effective to all persons. Therefore, the
methods: behind the right sidewall interior panel FAA finds good cause that notice and

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