4448 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 

Department of Homeland Security 

sponsoring the collection: Form I–905. 

U.S. Citizenship and Immigration 

Services. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: Individuals and 

households. This form will be used by 

USCIS to permit an organization to 

apply for authorization to issue 

certificates to health care workers. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: 

• Request to issue Certificates: 10 

responses at 4 hours per response. 

• Credential Organization: 14,000 

responses at 2 hours per response. 

• Applicants: 14,000 responses at 1 

hour and 40 minutes (1.66) per 

response. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: 51,280 annual burden hours. 

If you have additional comments, 

suggestions, or need a copy of the 

information collection instrument, 

please visit: http://www.regulations. 

gov/. 

We may also be contacted at: USCIS, 

Regulatory Management Division, 111 

Massachusetts Avenue, NW., Suite 

3008, Washington, DC 20529–2210, 

telephone number 202–272–8377. 

Dated: January 21, 2009. 

Stephen Tarragon, 

Deputy Chief, Regulatory Management 

Division, U.S. Citizenship and Immigration 

Services. 

[FR Doc. E9–1602 Filed 1–23–09; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

Agency Information Collection 

Activities: Form G–28, and Form G–28I, 

Revision of an Existing Information 

Collection Request; Comment Request 

ACTION: 30-Day Notice of Information 

Collection Under Review: Form G–28, 

Notice of Entry of Appearance as 

Attorney or Accredited Representative, 

and Form G–28I, Notice of Entry of 

Appearance of Foreign Attorney. OMB 

Control No. 1615–0105. 

The Department of Homeland 

Security, U.S. Citizenship and 

Immigration Services (USCIS) has 

submitted the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995. The information collection was 

previously published in the Federal 

Register on November 20, 2008, at 73 

FR 70361, allowing for a 60-day public 

comment period. USCIS received one 

comment for this information collection. 

The purpose of this notice is to allow 

an additional 30 days for public 

comments. Comments are encouraged 

and will be accepted until February 25, 

2009. This process is conducted in 

accordance with 5 CFR 1320.10. 

Written comments and/or suggestions 

regarding the item(s) contained in this 

notice, especially regarding the 

estimated public burden and associated 

response time, should be directed to the 

Department of Homeland Security 

(DHS), and to the Office of Information 

and Regulatory Affairs, Office of 

Management and Budget (OMB), USCIS 

Desk Officer. Comments may be 

submitted to: USCIS, Chief, Regulatory 

Management Division, Clearance Office, 

111 Massachusetts Avenue, Suite 3008, 

Washington, DC 20529. Comments may 

also be submitted to DHS via facsimile 

to 202–272–8352 or via e-mail at 

rfs.regs@dhs.gov, and to the OMB USCIS 

Desk Officer via facsimile at 202–395– 

6974 or via e-mail at 

oira_submission@omb.eop.gov. 

When submitting comments by e-mail 

please make sure to add OMB Control 

Number 1615–0105 in the subject box. 

Written comments and suggestions from 

the public and affected agencies should 

address one or more of the following 

four points: 

(1) Evaluate whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(2) Evaluate the accuracy of the 

agency’s estimate of the burden of the 

collection of information, including the 

validity of the methodology and 

assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques, or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Overview of This Information 

Collection 

(1) Type of Information Collection: 

Revision of an existing information 

collection. 

(2) Title of the Form/Collection: 

Notice of Entry of Appearance as 

Attorney or Accredited Representative, 

and Notice of Entry of Appearance of 

Foreign Attorney. 

(3) Agency form number, if any, and 

the applicable component of the 

Department of Homeland Security 

sponsoring the collection: Form G–28, 

and Form G–28I. U.S. Citizenship and 

Immigration Services. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: Individuals or 

households. The data collected on 

Forms G–28 and G–28I are used by DHS 

to determine eligibility of the individual 

to appear as a representative. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: 2,479,000 responses at 20 

minutes (.333) per response. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: 825,507 annual burden 

hours. 

If you have additional comments, 

suggestions, or need a copy of the 

proposed information collection 

instrument with instructions, or 

additional information, please visit the 

USCIS Web site at: http:// 

www.regulations.gov/search/index.jsp. 

If additional information is required 

contact: USCIS, Regulatory Management 

Division, 111 Massachusetts Avenue, 

Suite 3008, Washington, DC 20529, 

(202) 272–8377. 

Dated: January 21, 2009. 

Stephen Tarragon, 

Deputy Chief, Regulatory Management 

Division, U.S. Citizenship and Immigration 

Services. 

[FR Doc. E9–1614 Filed 1–23–09; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5283–N–01] 

Notice of Proposed Information 

Collection: Comment Request; 

Implementation of the Housing for 

Older Persons Act of 1995 (HOPA) 

AGENCY: Office of the Assistant 

Secretary for Fair Housing and Equal 

Opportunity, HUD. 

ACTION: Notice. 

SUMMARY: The proposed information 

collection requirement established 

under the Housing for Older Persons 

Act of 1995 (HOPA) will be submitted 

to the Office of Management and Budget 

(OMB) for review, as required by the 

Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 4449 

Paperwork Reduction Act of 1995. HUD 

is soliciting public comments on the 

subject proposal. 

DATES: Comment Due Date: March 27, 

2009. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposed information collection 

requirement. Comments should refer to 

the proposal by name and/or OMB 

Control Number, and should be sent to: 

Lillian L. Deitzer, Reports Management 

Officer, QDAM, Department of Housing 

and Urban Development, 451 7th Street, 

SW.; Washington, DC 20410–2000; email Lillian.L.Deitzer@hud.gov or 

telephone (202) 402–8048. 

FOR FURTHER INFORMATION CONTACT: 

Turner Russell, Director, Enforcement 

Support Division, Office of 

Enforcement, Department of Housing 

and Urban Development, 451 7th Street, 

SW., Room 5210; Washington, DC 

20410–2000; telephone: (202) 402–6995 

(this is not a toll-free number). Hearing 

or speech-impaired individuals may 

access this number via TTY by calling 

the toll-free Federal Information Relay 

Service at: (800) 877–8399. 

SUPPLEMENTARY INFORMATION: HUD is 

submitting this proposed information 

collection requirement to the OMB for 

review, as required under the 

Paperwork Reduction Act of 1995 [44 

U.S.C. Chapter 35, as amended]. 

This notice is soliciting comments 

from members of the public and affected 

agencies concerning the proposed 

information collection in order to: (1) 

Evaluate whether the proposed 

information collection is necessary for 

the proper performance of HUD’s 

program functions; (2) Evaluate the 

accuracy of HUD’s assessment of the 

paperwork burden that may result from 

the proposed information collection; (3) 

Enhance the quality, utility and clarity 

of the information which must be 

collected; and (4) Minimize the burden 

of the information collection on 

responders, including the use of 

appropriate automated collection 

techniques or other forms of information 

technology (e.g., permitting electronic 

submission of responses). 

Notice of Submission of Proposed 

Information Collection to OMB 

Title of Proposal: Implementation of 

the Housing for Older Persons Act of 

1995 (HOPA). 

Office: Fair Housing and Equal 

Opportunity. 

OMB Control Number: 2529–0046. 

Description of the need for the 

information and proposed use: The Fair 

Housing Act [42 U.S.C.3601 et seq.], 

prohibits discrimination in the sale, 

rental, occupancy, advertising, insuring, 

or financing of residential dwellings 

based on familial status (individuals 

living in households with one or more 

children under 18 years of age). 

However, under § 3607(b)(2) of the Act, 

Congress exempted three (3) categories 

of ‘‘housing for older persons’’ from 

liability for familial status 

discrimination: (1) Housing provided 

under any State or Federal program 

which the Secretary of HUD determines 

is ‘‘specifically designed and operated 

to assist elderly persons (as defined in 

the State or Federal program)’’; (2) 

housing ‘‘intended for, and solely 

occupied by persons 62 years of age or 

older’’; and (3) housing ‘‘intended and 

operated for occupancy by at least one 

person 55 years of age or older per unit 

[‘55 or older’ housing]’’. In December 

1995, Congress passed the Housing for 

Older Persons Act of 1995 (HOPA) [Pub. 

L. 104–76, 109 STAT. 787] as an 

amendment to the Fair Housing Act. 

The HOPA modified the ‘‘55 or older’’ 

housing exemption provided under 

§ 3607(b)(2)(C) of the Fair Housing Act 

by eliminating the requirement that a 

housing provider must offer ‘‘significant 

facilities and services specifically 

designed to meet the physical or social 

needs of older persons.’’ In order to 

qualify for the HOPA exemption, a 

housing community or facility must 

meet each of the following criteria: (1) 

At least 80 percent of the occupied units 

in the community or facility must be 

occupied by at least one person who is 

55 years of age of older; (2) the housing 

provider must publish and adhere to 

policies and procedures that 

demonstrate the intent to operate 

housing for persons 55 years of age or 

older; and (3) the housing provider must 

demonstrate compliance with ‘‘rules 

issued by the Secretary for verification 

of occupancy, which shall * * * 

provide for [age] verification by reliable 

surveys and affidavits.’’ 

The HOPA did not significantly 

increase the record-keeping burden for 

the ‘‘55 or older’’ housing exemption. It 

describes in greater detail the 

documentary evidence which HUD will 

consider when determining, in the 

course of a familial status 

discrimination complaint investigation, 

whether or not a housing facility or 

community qualified for the ‘‘55 or 

older’’ housing exemption as of the date 

of the alleged Fair Housing Act 

violation. 

The HOPA information collection 

requirements are necessary to 

demonstrate a housing provider’s 

eligibility to claim the ‘‘55 or older’’ 

housing exemption as an affirmative 

defense to a familial status 

discrimination complaint filed with 

HUD under the Fair Housing Act. The 

information will be collected in the 

normal course of business in connection 

with the sale, rental or occupancy of 

dwelling units situated in qualified 

senior housing facilities or 

communities. The HOPA’s requirement 

that a housing provider must 

demonstrate the intent to operate a ‘‘55 

or older’’ housing community or facility 

by publishing, and consistently 

enforcing, age verification rules, policies 

and procedures for current and 

prospective occupants reflects the usual 

and customary practice of the senior 

housing industry. Under the HOPA, a 

‘‘55 or older’’ housing provider should 

conduct an initial occupancy survey of 

the housing community or facility to 

verify compliance with the HOPA’s ‘80 

percent’ occupancy requirement, and 

should maintain such compliance by 

periodically reviewing and updating 

existing age verification records for each 

occupied dwelling unit at least once 

every two years. The creation and 

maintenance of such occupancy/age 

verification records should occur in the 

normal course of individual sale or 

rental housing transactions, and should 

require minimal preparation time. 

Further, a senior housing provider’s 

operating rules, policies and procedures 

are not privileged or confidential in 

nature, because such information must 

be disclosed to current and prospective 

residents, and to residential real estate 

professionals. 

The HOPA exemption also requires 

that a summary of the occupancy survey 

results must be made available for 

public inspection. This summary need 

not contain confidential information 

about individual residents; it may 

simply indicate the total number of 

dwelling units actually occupied by 

persons 55 years of age or older. While 

the supporting age verification records 

may contain confidential information 

about individual occupants, such 

information would be protected from 

disclosure unless the housing provider 

claims the ‘‘55 or older’’ housing 

exemption as an affirmative defense to 

a jurisdictional familial status 

discrimination complaint filed with 

HUD under the Fair Housing Act. HUD’s 

Office of Fair Housing and Equal 

Opportunity will only require a housing 

provider to disclose such confidential 

information to HUD if and when HUD 

investigates a jurisdictional familial 

status discrimination complaint filed 

against the housing provider under the 

Fair Housing Act, and if and when the 

housing provider claims the ‘‘55 or 

4450 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 

older’’ housing exemption as an 

affirmative defense to the complaint. 

Agency form number(s), if applicable: 

None. 

Members of affected public: The 

HOPA requires that small businesses 

and other small entities that operate 

housing intended for occupancy by 

persons 55 years of age or older must 

routinely collect and update reliable age 

verification information necessary to 

meet the eligibility criteria for the 

HOPA exemption. The record keeping 

requirements are the responsibility of 

the housing provider that seeks to 

qualify for the HOPA exemption. 

Estimation of the total numbers of 

hours needed to prepare the information 

collection, including the number of 

respondents, frequency of response, and 

hours of response: The HOPA 

information collection requirements are 

the responsibility of the individual 

housing facility or community that 

claims eligibility for the HOPA’s ‘‘55 or 

older’’ housing exemption. The HOPA 

does not authorize HUD to require 

submission of this information by 

individual housing providers as a means 

of certifying that their housing 

communities or facilities qualify for the 

exemption. Further, since the HOPA has 

no mandatory registration requirement, 

HUD cannot ascertain the actual number 

of housing facilities and communities 

that are currently collecting this 

information with the intention of 

qualifying for the HOPA exemption. 

Accordingly, HUD has estimated that 

approximately 1,000 housing facilities 

or communities would seek to qualify 

for the HOPA exemption. HUD has 

estimated that the occupancy/age 

verification data would require routine 

updating with each new housing 

transaction within the facility or 

community, and that the number of 

such transactions per year might vary 

significantly depending on the size and 

nature of the facility or community. 

HUD also estimated the average number 

of housing transactions per year at ten 

(10) transactions per community. HUD 

concluded that the publication of 

policies and procedures is likely to be 

a one-time event and in most cases will 

require no additional burden beyond 

what is done in the normal course of 

business. The estimated total annual 

burden hours are 5,500 hours. 

Status of the proposed information 

collection: Extension of a currently 

approved collection. 

Authority: Section 3506 of the Paperwork 

Reduction Act of 1995, 44 U.S.C. Chapter 35, 

as amended. 

Dated: January 15, 2009. 

Cheryl L. Ziegler, 

Deputy Assistant Secretary for Enforcement 

and Programs. 

[FR Doc. E9–1551 Filed 1–23–09; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5281–N–07] 

Continuum of Care Homeless 

Assistance Grant ApplicationTechnical Submission 

AGENCY: Office of the Chief Information 

Officer, HUD. 

ACTION: Notice. 

SUMMARY: The proposed information 

collection requirement described below 

has been submitted to the Office of 

Management and Budget (OMB) for 

review, as required by the Paperwork 

Reduction Act. The Department is 

soliciting public comments on the 

subject proposal. 

Technical submission for applicants 

awarded conditional funding for new 

projects during the Continuum of Care 

Homeless Assistance Competition to 

ensure that technical requirements are 

met prior to executing of grant 

agreement. 

DATES: Comments Due Date: February 

25, 2009. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposal. Comments should refer to 

the proposal by name and/or OMB 

approval Number (2506–NEW) and 

should be sent to: HUD Desk Officer, 

Office of Management and Budget, New 

Executive Office Building, Washington, 

DC 20503; fax: 202–395–6974. 

FOR FURTHER INFORMATION CONTACT: 

Lillian Deitzer, Reports Management 

Officer, QDAM, Department of Housing 

and Urban Development, 451 Seventh 

Street, SW., Washington, DC 20410; email Lillian Deitzer at 

Lillian_L._Deitzer@HUD.gov or 

telephone (202) 402–8048. This is not a 

toll-free number. Copies of available 

documents submitted to OMB may be 

obtained from Ms. Deitzer. 

SUPPLEMENTARY INFORMATION: This 

notice informs the public that the 

Department of Housing and Urban 

Development has submitted to OMB a 

request for approval of the Information 

collection described below. This notice 

is soliciting comments from members of 

the public and affecting agencies 

concerning the proposed collection of 

information to: (1) Evaluate 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) Evaluate the 

accuracy of the agency’s estimate of the 

burden of the proposed collection of 

information; (3) Enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) 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. 

This Notice Also Lists the Following 

Information 

Title of Proposal: Continuum of Care 

Homeless Assistance Grant 

Application—Technical Submission. 

OMB Approval Number: 2506—NEW. 

Form Numbers: HUD–40090–3a, 

HUD–40090–3b. 

Description of the Need for the 

Information and its Proposed Use: 

Technical submission for applicants 

awarded conditional funding for new 

projects during the Continuum of Care 

Homeless Assistance Competition to 

ensure that technical requirements are 

met prior to executing of grant 

agreement. 

Frequency of Submission: On 

occasion. 

Number of 

respondents 

Annual 

responses × Hours per response = Burden hours 

Reporting Burden .............................................................................. 500 1 9.04 4,520