SBIC Management Assessment Questionnaire & License Application; Exhibits to SBIC License App./Mgmt. Assessment Questionnaire

Forms and Documents

Document Name	Status
Form SBA Form 2181 SBIC Management Assessment Questionnaire & License Application; Exhibits to SBIC License App./Mgmt. Assessement Questionnaire Form and Instruction	Modified
3245-0062 SBA Form 2181 Corresponding Stat~Regs 8-8=2023.docx Supporting Statement B	2023-08-08
3245-0062 SBA Form 2181 MAQ Supporting Statement 8-8-2023.docx Supporting Statement A	2023-08-08

IC Document Collections

IC ID	Document Title	Status
35613	SBIC Management Assessment Questionnaire & License Application; Exhibits to SBIC License App./Mgmt. Assessement Questionnaire Form and Instruction	Modified

ICR Details

OMB Control No: 3245-0062	ICR Reference No: 202308-3245-001
Status: Active	Previous ICR Reference No: 201612-3245-003
Agency/Subagency: SBA	Agency Tracking No:
Title: SBIC Management Assessment Questionnaire & License Application; Exhibits to SBIC License App./Mgmt. Assessment Questionnaire
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 08/09/2023
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/08/2023
	Date Received in OIRA: 08/08/2023
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/29/2024	6 Months From Approved
Responses	275	0	0
Time Burden (Hours)	17,750	0	0
Cost Burden (Dollars)	6,502,073	0	0

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Abstract: SBA Forms 2181, 2182 and 2183 provide SBA with the necessary information to make decisions regarding the approval or denial of an applicant for a small business investment company (SBIC) license. SBA uses this information to assess an applicant's ability to successfully operate an SBIC within the scope of the Small Business Investment Act of 1958, as amended.

Emergency Justfication: August 7, 2023 TO: Susan Minson SBA Desk Officer Office of Information and Regulatory Affairs (OIRA) Office of Management and Budget (OMB) FROM: Bailey G. DeVries Associate Administrator Office of Investment and Innovation (OII) U.S. Small Business Administration (SBA) SUBJECT: Request for Emergency Approval for Information Collection, OMB Control No. 3245-0062 In accordance with 5 CFR 1320.13(a)(1)&(2), SBA’s Office of Investment and Innovation (OII) is requesting emergency use of an expired information collection, OMB Control No. 3245-0062, February 29, 2020. Simultaneously, OII is requesting reinstatement, with change, of the previously approved collection. SBA seeks emergency use of a revised version of SBA Form 2181, the Small Business Investment Company (SBIC) Management Assessment Questionnaire (MAQ). The MAQ is used by applicants seeking a license to operate as a Small Business Investment Company (SBIC) to provide financial assistance to U.S. small businesses. Pursuant to 5 CFR 1320.13(a)(1), SBA determined that this collection of information is needed prior to the expiration of the time periods established under 5 CFR 1320.13, due to the upcoming August 17, 2023 effective date of the recently announced SBIC Investment Diversification and Growth Final Rule, which provides significant opportunity for first-time SBIC program applicants for two new classes of SBIC Licensees: 1) Accrual SBICs; and 2) Reinvestor SBICs. Also included in the revised information collection are abbreviated versions of the MAQ—one for Subsequent Fund SBIC applicants, which are currently Licensed SBICs whose management teams are seeking to establish additional new SBICs to provide financial assistance to U.S. small businesses and one to help prospective applicants complete a prescreen application to determine interest and fit with the SBIC program without incurring a Licensing fee. All SBIC applicants represent prospective new SBIC Licensees to add to the SBIC industry currently depended upon by U.S. small businesses for more than $40 billion in equity and debt financial assistance. In light of changes in the interest rate and economic environment SBICs have become an increasingly more critical provider of financial assistance to America’s small businesses, which make up substantial part of the U.S economy. Therefore, this information collection is essential to the Small Business Administration’s mission to provide SBIC financial assistance to small businesses. OII has also determined that the Agency cannot reasonably comply with the normal clearance procedures for reinstatement with revision of this collection, because pursuant to 5 C.F.R. 1320.13(a)(2)(i), public harm will result if normal clearance procedures are followed. If authorization for use of the revised SBA Form 2181 is unavailable, an estimated 15-20 prospective SBICs, and therefore future SBIC Licensees.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 73062	11/22/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
SBIC Management Assessment Questionnaire & License Application; Exhibits to SBIC License App./Mgmt. Assessement Questionnaire	SBA Form 2181 , SBA Form 2181 , SBA Form 2181 Long form, SBA Form 2181 SBIC MAQ Exhibit A, SBA Form 2181 SBIC MAQ Exhibit B , SBA Form 2181 SBIC MAQ Exhibit C, SBA Form 2181 MAQ Exhibit D, SBA Form 2181 SBIC MAQ Exhibit F, SBA Form 2181 SBIC MAQ Exhibit G, SBA Form 2181 SBIC MAQ Exhibit E	SBIC Program Application Instructions ,   Pre-Screen SBIC MAQ short form ,   SBIC MAQ Long form ,   Activities Relationship Certification ,   Individual Declarations ,   Significant Investor Declarations ,   Individual Legal Questionnaire ,   Legal Document Certification ,   Capital Certificate ,   Transferors Liability Contract

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	275	0	0	-100	0	375
Annual Time Burden (Hours)	17,750	0	0	-6,875	0	24,625
Annual Cost Burden (Dollars)	6,502,073	0	0	4,141,779	0	2,360,294

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The decrease in the annual hour burden estimate reflects structural and streamlining changes to both the MAQ and the SBIC Licensing process.

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Annual Cost to Federal Government: $705,042

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 08/08/2023

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