[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Notices]
[Pages 30769-30771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14081]


-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7001-N-32]


Proposed Information Collection: Comprehensive Listing of 
Transactional Documents for Mortgagors, Mortgagees and Contractors 
Federal Housing Administration (FHA) Healthcare Facility Documents; Re-
Opening of Comment Period

AGENCY: Office of the Chief Information Officer, HUD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: On April 10, 2018, HUD published a Federal Register notice 
advising the public it had submitted the subject proposed information 
collection to the Office of Management and Budget (OMB) for review and 
allowing for 30 days of public comment, in accordance with the 
Paperwork Reduction Act. The purpose of this notice is to re-open the 
comment period for an additional 15 calendar days. There have been no 
changes made to the posted documents since the April 10, 2018 notice; 
however, HUD has been made aware that not all submissions were able to 
be transmitted, and thus is requesting that all commenters please 
resubmit their comments to the address provided in this notice. If the 
submitter has made any changes to their comments from what was 
initially submitted by the May 10, 2018 closing date, please indicate 
clearly what those new additions or changes include.

DATES: Comments Due Date: July 16, 2018.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposal. Comments should refer to the proposal by name and/or OMB 
Control Number and should be sent to: Colette Pollard, Reports 
Management Officer, QMAC, Department of Housing and Urban Development, 
451 7th Street SW, Washington, DC 20410; email <a href="/cdn-cgi/l/email-protection#e9aa86858c9d9d8cc7b9868585889b8da9819c8dc78e869f"><span class="__cf_email__" data-cfemail="d794b8bbb2a3a3b2f987b8bbbbb6a5b397bfa2b3f9b0b8a1">[email protected]</span></a>; 
or fax: 202-402-3400.

FOR FURTHER INFORMATION CONTACT: Colette Pollard, Reports Management 
Officer, QMAC, Department of Housing and Urban Development, 451 7th 
Street SW, Washington, DC 20410; email <a href="/cdn-cgi/l/email-protection#7a3915161f0e0e1f542a1516161b081e3a120f1e541d150c"><span class="__cf_email__" data-cfemail="15567a79706161703b457a7979746771557d60713b727a63">[email protected]</span></a>, or 
telephone 202-402-3400. This is not a toll-free number. Person with 
hearing or speech impairments may access this number through TTY by 
calling the toll-free Federal Relay Service at (800) 877-8339.
    Copies of available documents submitted to OMB may be obtained from 
Ms. Pollard.

SUPPLEMENTARY INFORMATION: On April 10, 2018, at 83 FR 15396, HUD 
published a Federal Register notice advising the public it had 
submitted the proposed information collection requirement described in 
the notice to the Office of Management and Budget (OMB) for review and 
allowing for 30 days of public comment, in accordance with the 
Paperwork Reduction Act. The Federal Register notice that solicited 
public comment on the information collection for a period of 60 days 
was published on May 19, 2018, at 82 FR 23058. The public comment 
period on the April 10, 2018, notice closed on May 10, 2018. HUD has 
been made aware that, due to technical issues, not all submissions were 
able to be transmitted. Accordingly, HUD is re-opening the public 
comment period for an additional 15 calendar days. To ensure 
consideration of their comments, submitters on the April 10, 2018, 
notices should resubmit their comments to the address provided in this 
notice. If the submitter has made any changes to their comments from 
what was initially submitted by the May 10, 2018, closing date, please 
indicate clearly what those new additions or changes include.
    For the convenience of interested persons, HUD is republishing 
below the description of the proposed information collection contained 
in the April 10, 2018, notice. There have been no changes made to the 
posted documents since the April 10, 2018 notice.

A. Overview of Information Collection

    Title of Information Collection: Comprehensive Listing of 
Transactional Documents for Mortgagors, Mortgagees and Contractors, 
Federal Housing Administration (FHA) Healthcare Facility Documents: 
Proposed Revisions and Updates of Information Collection.
    OMB Approval Number: 2502-0605.
    Type of Request: Extension of currently approved collection.
    Form Number: HUD-9001-ORCF, HUD-9002-ORCF, HUD-9003-ORCF, HUD-9004-
ORCF, HUD-9005-ORCF, HUD-9005a-ORCF, HUD-9006-ORCF, HUD-9007-ORCF, HUD-
9007a-ORCF, HUD-9009-ORCF, HUD-90010-ORCF, HUD-90011-ORCF, HUD-9444-
ORCF, HUD-90012-ORCF, HUD-90013-ORCF,

[[Page 30770]]

HUD-90014-ORCF, HUD-90015-ORCF, HUD-90016-ORCF, HUD-90017-ORCF, HUD-
90018-ORCF, HUD-90021-ORCF, HUD-9442-ORCF, HUD-90023-ORCF, HUD-91123-
ORCF, HUD-91124-ORCF, HUD-91125-ORCF, HUD-91127-ORCF, HUD-91129-ORCF, 
HUD-92328-ORCF, HUD-92403-ORCF, HUD-92408-ORCF, HUD-92415-ORCF, HUD-
92437-ORCF, HUD-92441-ORCF, HUD-92441a-ORCF, HUD-92442-ORCF, HUD-92448-
ORCF, HUD-92450-ORCF, HUD-92452-ORCF, HUD-92452A-ORCF, HUD-92455-ORCF, 
HUD-92456-ORCF, HUD-92479-ORCF, HUD-92485-ORCF, HUD-92554-ORCF, HUD-
93305-ORCF, HUD-95379-ORCF, HUD-2-ORCF, HUD-935.2D-ORCF, HUD-941-ORCF, 
HUD-9445-ORCF, HUD-9839-ORCF, HUD-90022-ORCF, HUD-90024-ORCF, HUD-
91116-ORCF, HUD-91126-ORCF, HUD-91130-ORCF, HUD-92000-ORCF, HUD-92264a-
ORCF, HUD-92434-ORCF, HUD-90020-ORCF, HUD-92322-ORCF, HUD-92211-ORCF, 
HUD-92331-ORCF, HUD-92333-ORCF, HUD-92334-ORCF, HUD-92335-ORCF, HUD-
92336-ORCF, HUD-92337-ORCF, HUD-92339-ORCF, HUD-92340-ORCF, HUD-92341-
ORCF, HUD-92342-ORCF, HUD-92343-ORCF, HUD-2205A-ORCF, HUD-91110-ORCF, 
HUD-91111-ORCF, HUD-91112-ORCF, HUD-91118-ORCF, HUD-91710-ORCF, HUD-
92023-ORCF, HUD-92070-ORCF, HUD-92071-ORCF, HUD-92223-ORCF, HUD-92323-
ORCF, HUD-92324-ORCF, HUD-92330-ORCF, HUD-92330A-ORCF, HUD-92420-ORCF, 
HUD-92435-ORCF, HUD-92466-ORCF, HUD-92466A-ORCF, HUD-92468-ORCF, HUD-
94000-ORCF, HUD-94000-ORCF-ADD, HUD-94000B-ORCF, HUD-94001-ORCF, HUD-
94001-ORCF-RI, HUD-9443-ORCF, HUD-91071-ORCF, HUD-91128-ORCF, HUD-
92412-ORCF, HUD-92414-ORCF, HUD-92464-ORCF, HUD-92476-ORCF, HUD-92476B-
ORCF, HUD-92476C-ORCF, HUD-91117-ORCF, HUD-91725-ORCF, HUD-91725-INST-
ORCF, HUD-91725-CERT-ORCF, HUD-92325-ORCF, HUD-92327-ORCF, HUD-1044-D-
ORCF, HUD-2537-ORCF, HUD-2747-ORCF, HUD-9250-ORCF, HUD-9807-ORCF, HUD-
90019-ORCF, HUD-90029-ORCF, HUD-90030-ORCF, HUD-90031-ORCF, HUD-90032-
ORCF, HUD-90033-ORCF, HUD-92080-ORCF, HUD-92117-ORCF, HUD-92228-ORCF, 
HUD-92266-ORCF, HUD-92266A-ORCF, HUD-92266B-ORCF, HUD-92266C-ORCF, HUD-
92417-ORCF, HUD-93332-ORCF, HUD-93333-ORCF, HUD-93334-ORCF, HUD-93335-
ORCF, HUD-93479-ORCF, HUD-93480-ORCF, HUD-93481-ORCF, HUD-93486-ORCF, 
HUD-91116A-ORCF, HUD-92211A-ORCF, HUD-92323A-ORCF, HUD-92324A-ORCF, 
HUD-92333A-ORCF, HUD-92334A-ORCF, HUD-92338-ORCF, HUD-92340A-ORCF, HUD-
92434A-ORCF, HUD-92441B-ORCF, HUD-92467-ORCF, HUD-92467A-ORCF, HUD-
94000A-ORCF, HUD-94001A-ORCF
    Description of the need for the information and proposed use: The 
issuance of this notice is modeled on the public review and input 
process that HUD utilized in the establishment of the healthcare 
facility documents for Section 232 of the National Housing Act (Section 
232) program. On March 14, 2013, at 78 FR 16279, after solicitation of 
comment, HUD published in the Federal Register a notice that announced 
the approval of the healthcare facility documents under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3520) (PRA) and an assignment of 
a control number, 2502-0605, by the Office of Management and Budget 
(OMB). The final collection received a 12-month approval. Following OMB 
approval, on February 17, 2014, at 79 FR 11114, HUD solicited 
additional comment before seeking a 36-month approval. After the 
appropriate comment and response periods, the healthcare facility 
documents were approved for a 36-month renewal, as of June 30, 2014, 
with an expiration of June 2017. As required by 5 CFR 1320.8(d)(1) and 
consistent with HUD's process utilized when establishing the healthcare 
facility documents, HUD is soliciting comments from members of the 
public and interested parties on the renewal of the revised healthcare 
facility documents. The healthcare facility documents include 156 
documents going through the PRA process and available for review at: 
www.hud.gov/232comments. All of the documents that are the subject of 
this notice are also listed above. All documents are presented online 
in redline/strikeout format, so that the reviewer can see the changes 
proposed to be made to the documents. A majority of the documents are 
being renewed, and some include edits that were made to address changes 
in policies in recent years or to address inconsistencies across 
documents and other Program Obligations (i.e. the Section 232 Handbook 
4232.1). The collection also includes new additions to fold in tools 
previously only found in the Multifamily Housing document collections, 
as well as to create consistent formats for submitting information to 
Office Residential Care Facilities (ORCF) that was not previously 
captured in the 2014 document collection, but that is required by ORCF. 
A few obsolete documents are being removed as well. These include 
resources that are no longer relevant to ORCF or duplicate information 
already found in other documents. An example would include documents 
specifically related to ``Blended Rate'' transactions. ORCF updated its 
policies after determining that, consistent with FHA Multifamily 
Housing's approach, an otherwise eligible transaction could come within 
either the Section 223(f) criteria or the Section 232 Substantial 
Rehabilitation criteria and that, therefore, a blending of the loan-to-
value criteria of those two programs is not necessary.
    A brief summary of the more significant changes per documentation 
category is provided below.
    <bullet> Lender Narratives--The edits consist primarily of changes 
to remove program guidance from the narratives and to incorporate 
updated underwriting standards specific to, for example, special use 
facilities.
    <bullet> Consolidated Certifications--The changes consist of 
streamlining the form and revising language to incorporate the changed 
policy in the new previous participation regulation with new 
definitions such as Controlling Participant.
    <bullet> Construction documents--Several documents are proposed 
that will replace the current versions of the Multifamily forms still 
in use, such as a new Borrower Certification for Early Start/Early 
Commencement of Construction projects.
    <bullet> Underwriting documents--A new form was added--New Fair 
Housing Marketing Plan document--which provides the Affirmative Fair 
Housing Marketing Plan Requirements. ORCF removed one obsolete document 
(Agreement for Payment of Real Property Taxes) that is more specific to 
multifamily housing, and not relevant to healthcare facilities, as well 
as the Certificate of Need for Health Facilities and Schedule of 
Facilities Owned, Operated or Managed, which both contained duplicative 
information provided in other documents. The new Affirmative Fair 
Housing Marketing Plans (AFHMPs) was vetted with Fair Housing and Equal 
Opportunity (FHEO); other HUD programs had unique AFHMPs for their 
programs, and this new form is meant to accomplish the same for 
healthcare facilities. Appraisal information will also, be collected 
via a new spreadsheet that is similar to a collection method used by 
the multifamily housing ``wheelbarrow''.

[[Page 30771]]

    <bullet> Accounts Receivable (AR) documents--Edits include changes 
made to the Inter-creditor Agreement form to address an ongoing issue 
of how operators should disclose any cross-defaults between the AR loan 
and the HUD loan.
    <bullet> Master Lease documents--Changes include adding two new 
forms: Termination and Release of Cross-Default Guaranty of 
Subtenants--Proposed and Amendment to HUD Master Lease (Partial 
Termination and Release)--Proposed to reflect the 232 Handbook policy 
related to a release of a project from a master lease.
    <bullet> Closing documents--Edits were made to the Surplus Cash 
Note and Subordination Agreement--(Financing) to restrict distributions 
when there is secondary financing. Security Instrument/Mortgage Deed 
Instrument/Mortgage Deed of Trust to reflect Multifamily's form and 
reduces the need to amend the document when the Regulatory Agreement--
Borrower paragraph 38 is changed. New residential care facilities 
versions of Certificate of Actual Cost as well as a Rider to Security 
Instrument--LIHTC--were incorporated into the collection to replace 
Multifamily versions still in use which did not reflect ORCF policy.
    <bullet> Regulatory Agreement for Fire Safety--A new Regulatory 
Agreement for Fire Safety projects and a Management Agreement Addendum, 
as well as formalization of a Lender Certification for Insurance 
Coverage, to incorporate current samples already in place was added to 
the documentation collection.
    <bullet> Escrow documents--New proposed escrow forms for long-term 
debt service reserves and Off-Site Facilities were also added.
    <bullet> Asset Management documents--Change of participant 
application documents were revised to streamline the documents needed 
for a change in title of mortgaged property, change of operator or 
management agent, or complete change of all the parties. Documents 
still being used in the Multifamily format were incorporated into this 
collection, to specifically address ORCF policy. New Lender Narratives 
were also added for the addition of Accounts Receivable, for Requests 
to Release or Modify Original Loan Collateral and Loan Modifications 
(along with a corresponding Certification). New forms were also added 
to incorporate existing samples in use for Section 232 HUD Healthcare 
Portal Access, and notification to ORCF, by the Servicer and Operator 
of developing concerns within a project.
    <bullet> Supplemental Loan Documents--Section 241(a) Mortgage 
Insurance for Supplemental Loans for Multifamily Projects. All Section 
241(a) loan documents that have been in use as samples are now made a 
part of the documentation collection for OMB approval. Note: HUD makes 
no changes to the Legal Opinion and Certification Documents.
    Respondents (i.e. affected public): Business or other for profit.
    Estimated Number of Respondents: 5,451.00.
    Estimated Number of Responses: 26,001.27.
    Frequency of Response: 4.77.
    Average Hours per Response: 1.87.
    Total Estimated Burdens: 48,622.37.

Solicitation of Public Comment

    This notice is soliciting comments from members of the public and 
affected parties concerning the collection of information described in 
Section A on the following:
    (1) Whether the proposed collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (2) The accuracy of the agency's estimate of the burden of the 
proposed collection of information;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) Ways to minimize the burden of the collection of information on 
those who are to respond: Including through the use of appropriate 
automated collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses. HUD 
encourages interested parties to submit comment in response to these 
questions.

    Authority: Section 3507 of the Paperwork Reduction Act of 1995, 
44 U.S.C. Chapter 35.

    Dated: June 22, 2018.
Colette Pollard,
Department Reports Management Officer, Office of the Chief Information 
Officer.
[FR Doc. 2018-14081 Filed 6-28-18; 8:45 am]
 BILLING CODE 4210-67-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>