3245-0121 Support Documentation for Gov Req Disaster Declaration 12-13-17

Supporting Statement for Paperwork Reduction Act Submission

0MB Control Number 3245-0121 Governor's Request for Disaster Declaration

1. Justification

   1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

Small Business Administration (SBA) disaster assistance is made available following the issuance of a disaster declaration by the President or SBA. There are five types of declarations; two issued by the President, and three issued by SBA.

1. Presidential declarations.

   1. The President can declare a major disaster or an emergency, and authorize disaster assistance for individuals and households. 15 U.S.C. 636(b) (2) (A) and 13 C.F.R. 123.3(a) (1).

   2. The President can also declare a major disaster limited to public assistance only. 13 C.F.R. 123.3(a) (2).

2. Declarations by the Administrator of SBA.

   1. Physical disaster declaration in response to a request from the Governor of a State (which for this purpose, includes the District of Columbia and the U.S. territories and possessions) as a result of damages (to buildings, machinery, equipment, inventory, homes, and other property), which are generally of a lesser magnitude than for Presidential declarations but that meet SBA's minimum requirements for uninsured damages to homes or businesses in a county or other political subdivision. The Governor of the affected State must provide a formal written request that the SBA issue a disaster declaration and include details regarding the disaster such as number of damaged homes or businesses, date(s), type of disaster, location, etc. 13 C.F.R. 123.3(a) (3).

2. Economic Injury declaration upon determination of a natural disaster by the Secretary of Agriculture affecting crop and/or livestock. 15 U.S.C. 636(b)(2)(B) and 13 C.F.R. 123.3(a)(4).

3. Economic Injury declaration upon certification by a Governor that at least five small business concerns in a given disaster area have suffered substantial economic injury as a result of the disaster and are in need of financial assistance not otherwise available on reasonable terms. The certification must be signed by the Governor, specify the county or counties, or other political subdivisions in which the disaster occurred, and must be delivered (with supporting documentation) to the SBA within 120 days of the disaster occurrence. 15 U.S.C. 636(b)(2)(D) and 13 C.F.R. 123.3(a)(5).

A copy of the each statutory and regulatory provision applicable to this information collection is attached.

This information collection only concerns the following declarations by SBA: physical disaster declarations as described in b (1), and declarations regarding economic injury as described in b (3). The remaining three types of declarations are covered by information collections of the applicable Federal agency that makes those declarations. Requests to the Administrator of SBA are made for disaster assistance, but not all requests are approved; some may be declined if the required criteria have not been met. The information must still be collected so that SBA can make a decision.

2. Indicate how, by whom, and for what purpose the iriformation is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

Information provided by the Governor of the State affected by the disaster is evaluated by SBA's Office of Disaster Assistance (ODA) staff and is used in conjunction with ODA­ conducted damage surveys of the affected area, as applicable, to determine whether the criteria for an SBA disaster declaration as set out in 13 CFR 123.3(a) (3) and 123.3(a)(5) have been met.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce the burden

There is no prescribed form for submission; however, currently all Governors' requests for declarations are submitted through facsimile or email.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in item 2 above.

There is no duplication of effort. ODA relies on information which State governments already collect for other purposes such as determining the applicability of State laws to disaster situations.

5. If the collection of information impacts small businesses or other small entities (Item 5 of 0MB Form 83-1),describe any methods used to minimize burden.

No small businesses or other small entities are directly affected by this information collection. If SBA determines that a disaster declaration should be made, based on the information provided by the State, there would be an indirect impact on businesses that are eligible to apply for assistance.

6. Describe the consequence to the Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

This information collection is only required when a disaster occurs and a declaration is requested. SBA disaster regulations require States to submit the information; however, the frequency with which the information is submitted is in part controlled by the requesting Governors and not SBA. If SBA reduces or does not collect the limited amount of information that is currently required, the Agency would not be able to make accurate evaluations of the need for disaster assistance.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner, etc.

None of these special circumstances are applicable to this information collection. This collection is generally a one-time only collection per disaster occurrence. The deadline for submission of information for SBA physical declarations is 60 days from the date the disaster occurred. The deadline for submission of information for Economic Injury declarations (Governor' s Certifications) is 120 days from the date the disaster occurred.

Respondents are not required to respond within 30 days; however, information should be reported to SBA relatively quickly after it is gathered by the affected state. SBA cannot provide assistance to disaster-affected areas until information regarding damage or economic injury is received for evaluation. Ultimately, the sooner SBA receives the information needed, the more quickly disaster assistance can be made available; and, consequently, the more quickly disaster survivors can begin to recover from the disaster.

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.B(d), soliciting comments on the information collection prior to submission to 0MB. Summarize public comments received. Describe efforts to consult with persons outside the agency to obtain their view

A public comment notice was published in the Federal Register at 82 FR 46118 (October 3, 2017), copy attached. The comment period closed December 4, 2017, and no comments were received. ODA maintains continuing liaison with the State governmental departments that are charged with collecting and forwarding this information, particularly when the

Governor's office has a request for a declaration under consideration. No major problems

with this information collection have been encountered.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

No payments or gifts are provided to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the

assurance in statute, regulation, or agency policy.

No confidential information is requested or provided.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, specific uses to be made of the information, explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

No questions of a sensitive nature are asked.

12. Provide estimates of the hour burden of the collection of information, well as the hour cost burden. Indicate the number of respondents, frequency of response, annual hour and cost burden, and an explanation of how the burden was estimated.

The respondents are the State governments that submit requests for disaster declarations. The following are the respondents per fiscal year:

FY 2015

2016

Respondents 27 States

31 States

2017 29 States

Total ⁸⁷

Total over the past 3 FYs = 87 divided by 3 = 29 respondents per year on average.

There are no incremental costs to the respondents because they already collect this information in order to determine the applicability of State laws to the particular disaster situations. Periodic discussions with members of various State governments indicate that an average of20 hours is spent by their employees to gather the information needed. However, it should be noted that the methods of collection and the time spent in collecting this information is solely under the control of the States.

The number of responses is based on an average of the SBA disaster declaration requests for the 3 most recent fiscal years (FY 15, 16, and 17). Each submission for a disaster declaration request is considered one response.

FY SBA Declarations ^{Economic Injury}

	(Physical/EIDL}	(7b2D}	Declines	Total
15	42	3	0	45
16	64	12	0	76
17	53	9	0	62

Total request for declarations over the past 3 FYs = 183 divided by 3 = 61 responses per

year on average. Since each of these responses requires an average of 20 hours to collect and compile the information, the total estimated annual burden is (61 x 20 = 1,220) 1,220

hours.

13. Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information. Do not include hour cost burden from above.

There is no additional cost burden imposed on the state to collect this information because State governments already do so for other State purposes, including disaster related decision making.

14. Provide estimates of annualized costs to the Federal Government. Also provide a description of the method used to estimate cost, including a quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.

The cost to the Federal Government for this information collection is associated with preparing disaster declarations, i.e., reviewing information, preparing recommendations for declaration/decline, and obtaining approval. GS-14 personnel are involved in the Agency processing. The cost is estimated as follows:

Based on direct observation, total processing time per response is 1 hour.

61 responses x $48.59 (GS 14, Step 1) per hour Overhead cost of 20%

Total estimated annual cost to the Federal Government =

$2 ,964

$593

$3,557

15. Explain reasons for any program changes or adjustments reported in Items 13 or 14 of the 0MB Form 83-1.

There is a negligible (60 hours) increase in the estimated burden hours as compared to the last submission which is based on the historical activity for the last 3 fiscal years. There was an increase of 8 in the total number of declarations during fiscal years 2015 through 2017 compared to the prior 3-year period. There is no change in the estimated time it takes to gather the information.

16. For collection of information whose results will be published, outline plans for tabulation and publication. Address complex analytical techniques. Provide time schedules for the entire project.

From time to time aggregated data may be published as part of reports to Congress and

0MB on disaster assistance. No other publication is anticipated.

17. If seeking approval to not display the expiration date for 0MB approval of the information

collection, explain the reasons why the display would be inappropriate.

No exception or waiver is being sought.

I8. Explain each exception to the certification statement identified in Item 19, "Certification for Paperwork Reduction Act Submission, " of 0MB Form 83-1

There are no exceptions.

2. Collections of information Employing Statistical Methods.

NIA