View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
3245-0424
ICR Reference No:
202109-3245-001
Status:
Historical Active
Previous ICR Reference No:
Agency/Subagency:
SBA
Agency Tracking No:
Title:
Restaurant Revitalization Fund Program Post Award Report
Type of Information Collection:
New collection (Request for a new OMB Control Number)
Common Form ICR:
No
Type of Review Request:
Emergency
Approval Requested By:
10/01/2021
OIRA Conclusion Action:
Approved with change
Conclusion Date:
09/30/2021
Retrieve Notice of Action (NOA)
Date Received in OIRA:
09/27/2021
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
03/31/2022
6 Months From Approved
Responses
131,306
0
0
Time Burden (Hours)
63,127
0
0
Cost Burden (Dollars)
1,704,352
0
0
Abstract:
SBA received funds under the American Rescue Plan Act of 2021 (ARP Act), Pub. L. 117-2, title V, sec. 5003 (March 11, 2021), to provide direct funds to Eating and Drinking establishments that meet certain conditions. Specifically, Section 5003 of the ARP Act establishes the Restaurant Revitalization Fund (RRF) program to provide direct funds of up to $10 million dollars and limited to $5 million dollars per location to certain eligible persons or entities: a restaurant, food stand, food truck, food cart, caterer, saloon, inn, tavern, bar, lounge, brewpub, tasting room, taproom, licensed facility or premise of a beverage alcohol producer where the public may taste, sample, or purchase products, or other similar place of business in which the public or patrons assemble for the primary purpose of being served food or drink. Section 5003(c)(6) of the ARP Act requires recipients to return to the Treasury any funds that the recipient did not use for allowable expenses by the end of the covered period, or if the recipient permanently ceased operations, not later than March 11, 2023. T
Emergency Justfication:
September 24, 2021 Susan Minson SBA Desk Officer Office of Management and Budget Dear Ms. Minson: Pursuant to the Office of Management and Budget (OMB) procedures established at 5 CFR 1320, SBA requests OMB review of this new collection of information that is required for recipients of the Restaurant Revitalization Fund (RRF) to close out their reporting requirements to SBA. Section 5003(c)(6) of the ARP Act requires recipients to return to the Treasury any funds that the recipient did not use for allowable expenses by the end of the covered period, or if the recipient permanently ceased operations, not later than March 11, 2023. To address the requirement in Section 5003(c)(6) of the ARP Act, SBA requires RRF recipients to submit post award reports to confirm that funds are used fully and in accordance with program requirements. Many recipients have used fully all RRF funds and are awaiting instructions on providing the post award report. Some recipients have not been able to sell or transfer their businesses out of concern that they will be forced to return funds to the Treasury because they have not submitted the report prior to the business transfer. SBA receives many urgent requests from RRF recipient business owners to provide the method by which they can report, with some business owners stating the buyer is unwilling to consummate the transaction due to potential liability, thereby resulting in public harm. Further, the use of normal clearance procedures is reasonably likely to prevent or disrupt the collection of information required in Section 5003(c)(6) because recipients may proceed to close or sell the business without making the required report because SBA has not provided a method to report. For the reasons stated above, SBA is requesting emergency processing, including a request for waiver of the requirement to publish the 60-day and 30-day public comment notices in the Federal Register. In order to facilitate these reporting requirements, SBA has created SBA Form 3173, ?Restaurant Revitalization Fund Program Post Award Report.? The form creates the method by which recipients may report the full use of the funds and the eligible expense categories for which the funds were used. This is the basis for SBA?s request for emergency review of this information collection. SBA requests approval of this form by September 29, 2021. If this request for emergency processing is approved, SBA will subsequently take the necessary steps to comply with the notice requirements. SBA appreciates your prompt attention to this matter and looks forward to receiving your emergency approval. Sincerely, Dianna L. Seaborn Dianna L. Seaborn Director Office of Financial Assistance
Authorizing Statute(s):
PL:
Pub.L. 111 - 2 5003
Name of Law: Restaurant Revitalization Fund
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Restaurant Revitalization Fund Program Post Award Report,
SBA Form 3173
Restaurant Revitalization Fund Program Post Award Report,
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
131,306
0
0
131,306
0
0
Annual Time Burden (Hours)
63,127
0
0
63,127
0
0
Annual Cost Burden (Dollars)
1,704,352
0
0
1,704,352
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
New Collection
Annual Cost to Federal Government:
$205,797
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.
No
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
Agency Contact:
Mary Frias 202 401-8234 mary.frias@sba.gov
Common Form ICR:
No
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:
09/27/2021
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