Respondents are applicants for a
Certified Development Company (CDC) loan (or 504 loan) and the
CDC's certified by SBA to issue such loans. The information is
necessary for the Small Business Administration (SBA) to determine
whether applicants meet the Agency's criteria for eligibility,
creditworthiness, and repayment ability, and also whether to
approve CDC's request for debenture guarantees.
May 24, 2021 Susan
Minson OMB Desk Officer Office of Information and Regulatory
Affairs Office of Management and Budget 725 17th Street, NW
Washington, DC 20503 Dear Ms. Minson: Pursuant to the Office of
Management and Budget (0MB) procedures established at 5 CFR 1320,
the Small Business Administration (SBA) requests that the
collection of information associated with the application form for
a 504 loan (SBA Form 1244) be processed in accordance with section
1320.13, emergency Processing, by June 14, 2021. The application
form needs to be updated as soon as possible to incorporate the
changes made by Section 328(a) of the Economic Aid to Hard Hit
Small Businesses, Nonprofits, and Venues Act (the Economic Aid Act)
to the criteria for refinancing debt under SBA's 504 Loan Program.
Among the changes being made to conform the form to the Economic
Aid Act are to add a reference to the alternative job retention
goal that the applicant may use when the 504 project does not
satisfy the other job creation or retention goals; remove the
prohibition against PCLP CDCs using their delegated authority to
approve applications for debt refinancing without expansion, except
in cases involving same institution debt; and to remove the
reference to the requirement that the debt being refinanced must
have been incurred within two years of the date of application. SBA
is asking for emergency review of SBA Form 1244 to enable SBA to
implement the changes made by the Economic Aid Act with respect to
debt refinancing. SBA has determined that the information
collection must be revised prior to the expiration of time periods
established under Part 1320, and that this information is essential
to SBA's ability to make debt refinancing, as revised by the
Economic Aid Act, available to borrowers in SBA's 504 Loan Program.
Delaying implementation of the debt refinancing provisions of the
Economic Aid Act would cause harm to the 504 borrowers who are
depending on this refinancing. SBA also requests a waiver from the
requirement to publish the public comment notice in the Federal
Register before seeking review. SBA will publish the required
notices before seeking standard review and approval for continued
use of this information collection after the emergency period
expires. Sincerely, Dianna L. Seaborn Director Office of Financial
Assistance
None
US Code: 15 USC 697 Name of Law: 504 and 7(a)
Loan Program
The total estimated annual hour
burden has increased since the last submission due to an increase
in the total number of small businesses submitting applications
during 2020 versus 2019.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.