An SBA Disaster Loan borrower and any
contractors, subcontractors, or agents of such borrower, who seek
to engage in Disaster-Related Activities without complying with a
State or Local Requirement preempted under § 123.803 may do so
only where the SBA Disaster Loan borrower has provided to SBA,
prior to commencement of Disaster-Related Activities, a
certification by the borrower’s builder(s) that the builder has so
far, and will in the future, comply with and adhere to any
applicable state and local rules and regulations not preempted
under § 123.803. Such non-preempted rules and regulations include,
but are not limited to, building codes, health and safety
requirements, inspection requirements (which may be conducted by
local government inspectors or qualified, independent third-party
inspectors), and any other processes required to obtain a
certificate of occupancy at the completion of Disaster-Related
Activities.
See attached Emergency
Justification Memo. The Small Business Administration (“SBA”)
requests emergency processing under 5 CFR 1320.13 for a new
Information Collection Request (“ICR”). SBA seeks approval by
January 28, 2026, to enable immediate collection of a document from
SBA Disaster Loan borrowers that includes a certification from
their builder(s). This information is essential to the mission of
the SBA to ensure the timely and effective delivery of assistance
under the Disaster Loan Program authorized under section 7(b) of
the Small Business Act (15 U.S.C. 636(b)) (“Disaster Loan Program”)
following a Presidentially declared disaster. 5 CFR
1320.13(a)(1)(ii). SBA published an interim final rule on January
29, 2026. This rule preempts certain state and local requirements
impacting the repair, rehabilitation, or replacement of damaged or
destroyed property and associated activities financed by the
Disaster Loan Program when such requirements cause delay in the use
of SBA Disaster Loan Program proceeds. The rule is necessary to
reconcile non-federal requirements that undermine Congress’s
objective of rapid housing and business recovery, public health and
safety restoration, and economic stabilization after disasters. The
rule creates a new information collection to allow for
certification of compliance with state and local requirements.
Because the rule is effective on January 29, 2026, the use of
normal clearance procedures is extremely likely to prevent or
disrupt the collection of information required under the
regulation. As a result, this information must be collected prior
to the expiration of the ordinary time periods for notice and
comment. 5 CFR 1320.13(a)(1)(i). . . Cont'd in memo
US Code:
15
USC 636(b) Name of Law: Small Business Act
SBA is publishing new
regulations requiring this collection.
No
No
No
No
No
No
No
Eric Wall 202 616-1825
eric.wall@sba.gov
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:
(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.
Disaster IFR Supporting Statement Final.docx
Builder's Certification