[Federal Register Volume 78, Number 175 (Tuesday, September 10, 2013)]
[Notices]
[Pages 55282-55284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22024]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket Number FR-5623-N-04]
Federal Housing Administration (FHA) Healthcare Facility
Documents: Notice of Information Collection--Proposed Documents
Eligible for Electronic Submission
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice.
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SUMMARY: On March 14, 2013, HUD published in the Federal Register a
notice that announced that FHA's healthcare facility documents
completed the notice and comment processes under the Paperwork
Reduction Act of 1995, and had been assigned a control number, 2502-
0605, by the Office of Management and Budget. The assignment of a
control number concluded a 10-month process through which HUD solicited
public comment to update 115 healthcare facility documents to reflect
current policy and practices, to improve accountability by all parties
involved in FHA's healthcare facility transactions and strengthen risk
management.
Through this notice, HUD solicits public comment solely on the
issue of which healthcare facility documents are eligible for
electronic submission. HUD did not address this issue as part of the
previous notice and comment process, but recognizes the importance,
efficiency, and reduction of burden that electronic submission of
documents can achieve, and now solicits public comment on the
healthcare facility documents that HUD has determined may be submitted,
but are not required to be submitted, electronically.
DATES: Comment Due Date: November 12, 2013.
ADDRESSES: Interested persons are invited to submit comments regarding
this notice. Communications must refer to the above docket number and
title. There are two methods for submitting public comments:
1. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, Department
of Housing and Urban Development, 451 7th Street SW., Room 10276,
Washington, DC 20410-0500.
2. Electronic Submission of Comments. Comments may be submitted
electronically through the Federal eRulemaking Portal at
www.regulations.gov. HUD strongly encourages commenters to submit
comments electronically. Electronic submission of comments allows the
commenter maximum time to prepare and submit a comment, ensures timely
receipt by HUD, and enables HUD to make them immediately available to
the public. Comments submitted electronically through the
www.regulations.gov Web site can be viewed by other commenters and
interested members of the public. Commenters should follow the
instructions provided on that site to submit comments electronically.
Note: To receive consideration as public comments, comments must
be submitted through one of the two methods specified above. Again,
all submissions must refer to the docket number and title of the
notice.
No Facsimile Comments. Facsimile (fax) comments are not acceptable.
Public Inspection of Public Comments. All properly submitted
comments and communications will be available for public inspection and
downloading at www.regulations.gov under the docket number for this
notice.
FOR FURTHER INFORMATION CONTACT: John M. Hartung, Director, Policy and
Risk Management Division, Office of Residential Care Facilities, Office
of Healthcare Programs, Office of Housing, U.S. Department of Housing
and Urban Development, 1222 Spruce Street, Room 3.203, St. Louis, MO
63103-2836; telephone (314) 418-5238 (this is not a toll-free number).
Persons with hearing or speech disabilities may access this number
through TTY by calling the toll-free Federal Relay Service at (800)
877-8339.
SUPPLEMENTARY INFORMATION:
I. Background--Prior Public Comment on Substance of Healthcare Facility
Documents
On May 3, 2012, at 77 FR 26304, and consistent with the Paperwork
Reduction Act of 1995 (PRA), HUD published a notice in the Federal
Register seeking public comment for a period of 60 days (60-day Notice)
on HUD's proposed update and revisions to a set of production,
underwriting, asset management, closing, and other documents used in
connection with transactions involving healthcare facilities, excluding
hospitals (collectively, the healthcare facility documents), that are
insured pursuant to section 232 of the National Housing Act (Section
232). In conjunction with publication of the 60-day Notice, the
proposed revised healthcare facility documents (115 documents) were
made available at: www.hud.gov/232forms. In addition to presenting
unmarked versions of the documents, this Web
[[Page 55283]]
site, to the extent applicable, presented the proposed healthcare
facility documents as a redline/strikeout against the updated
multifamily rental project closing documents to highlight the changes
made to facilitate a healthcare transaction. Where the proposed
healthcare facility documents were based on existing healthcare
facility documents, the proposed healthcare facility documents, in
addition to being presented in an unmarked format, were presented in
redline/strikeout format so that reviewers could see the changes
proposed to the existing healthcare facility documents.\1\
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\1\ Along with the 60-day Notice, HUD published in the Federal
Register on May 3, 2012, at 77 FR 26218, a proposed rule that
proposed to strengthen regulations for HUD's Section 232 program to
reflect current policy and practices, and to improve accountability
and strengthen risk management. A final rule following the May 3,
2012, proposed rule, and taking into consideration public comment
received on the proposed rule, was published on September 7, 2012,
at 77 FR 55120.
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As a special outreach to the public on proposed changes to the
healthcare facility documents and Section 232 program regulations, HUD
hosted a forum on May 31, 2012, in Washington, DC. (See http://portal.hud.gov/hudportal/HUD?src=/press/multimedia/videos.) While
comments were raised and discussed at the forum, HUD encouraged forum
participants to file written comments through the www.regulations.gov
Web site so that all comments would be more easily accessible to
interested parties. All comments, whether submitted through
www.regulations.gov or raised at the forum, were considered in the
development of the revised documents which were published on November
21, 2012 (77 FR 69870), and for which, consistent with the PRA, comment
was solicited for an additional 30 days (30-day Notice).
In the 30-day Notice, HUD identified substantive changes that were
made to the healthcare facility documents in response to public
comments submitted on the 60-day Notice, responded to significant
issues raised by the commenters, and identified proposed additional
changes based on further consideration of certain issues. As was the
case with the 60-day Notice, HUD posted on its Web site the further
revised healthcare facility documents in (1) a clean format, and (2) in
redline/strikeout format, to show the changes made from the versions
posted with issuance of the 60-day Notice.
On March 14, 2013, at 78 FR 16279, HUD published in the Federal
Register a notice that announced the approval of the healthcare
facility documents under the PRA and an assignment of a control number,
2502-0605, by the Office of Management and Budget (OMB). In addition to
announcing the assignment of an OMB control number, HUD advised in the
May 14, 2013, notice that additional changes were made to the
healthcare facility documents in response to comments submitted on the
30-day Notice. In the March 14, 2013, notice, HUD highlighted
additional changes made to the healthcare facility documents, and once
again, provided on HUD's Web site at www.hud.gov/232forms, the final
versions of the documents in clean and redline/strikeout formats so
that reviewers could see the final changes made to the documents and
the clean final versions of the documents.
II. Solicitation of Comment on Electronic Submission of Healthcare
Facility Documents
As a result of the significant solicitation of public comment on
the substance of the healthcare facility documents, this solicitation
of public comment is devoted solely to the issue of which healthcare
facility documents may be submitted electronically. Consistent with
current practice, HUD requires applications for mortgage insurance be
submitted electronically. Any healthcare facility documents submitted
as part of an application for mortgage insurance must be submitted
electronically. Of the other healthcare facility documents, HUD has
identified 13 documents that HUD has determined must be submitted with
original signatures, in hard copy format. These documents are the
following: Healthcare Regulatory Agreement--Borrower (HUD-92466-ORCF);
Healthcare Regulatory Agreement--Operator (HUD-92466A-ORCF); Management
Certification--Residential Care Facility (HUD-9839-ORCF); Lender
Certification (HUD-92434-ORCF); Offsite Bond--Dual Obligee (HUD-92479-
ORCF); Performance Bond--Dual Obligee (HUD-92452-ORCF); Payment Bond
(HUD-92452A-ORCF); Request for Endorsement (HUD-92455-ORCF); Request
for Final Endorsement (HUD-92023-ORCF); Guide for Opinion for Mater
Tenant's Counsel (HUD-92335-ORCF); Healthcare Regulatory Agreement--
Master Tenant (HUD-92337-ORCF); Guide for Opinion of Borrower's Counsel
(HUD-91725-ORCF); and Guide for Opinion of Operator's Counsel and
Certification (HUD-92325-ORCF). For any of the remaining healthcare
facility documents other than application documents or these 13
documents, HUD does not require that any of these remaining documents
be submitted electronically, but presents electronic submittal as an
option.
In HUD's 30-day Notice, HUD listed in a table all the documents for
which approval under the PRA was sought and provided the burden hours
and costs calculated for preparation of and submission of each of
documents and provided a total aggregate annual cost of $4,393,301.
(See 77FR 69887-69889).
In the table below, HUD provides a breakdown of the estimated costs
involved in hard copy preparation and shipping, and estimates a
$450,000 annual savings in costs if documents are submitted
electronically rather than in hard copy.
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Item Cost per item Costs
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Printing by Lender.......... 1,500 pages at $.04 $60.00
per page.
Lender Box Preparation...... $50 per hour and two $100.00
hours per box.
Shipping by Lender to HUD in 1-40 lb. box........ $20.00
Field.
HUD processing preparation $50 per hour and 1 $50.00
(Field and HQ). hour per box.
Shipping by HUD Field to HQ. 1-40 lb. box........ $20.00
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Total................... .................... $250.00 per box
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Estimated Boxes 3
per project.
Estimated of 600
projects per year.
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Total Annual Costs...... ( of boxes $450,000.00
x of
projects x cost per
box).
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[[Page 55284]]
Therefore, in accordance with 5 CFR 1320.8(d)(1), HUD is soliciting
comments from members of the public and interested parties on:
(1) Whether the documents identified by HUD for originally signed,
hard copy submission are necessary in such format for proper
performance of the transactions in which the documents are used;
(2) Whether any of the documents not identified as necessary for
originally signed, hard copy submission should be submitted only in
originally signed, hard copy;
(3) The accuracy of the agency's estimate of the reduced burden and
reduced costs for submission of documents electronically;
(4) Whether electronic submission of application documents enhances
the utility and efficiency of the transactions in which the documents
are used;
(5) Whether electronic submission of other documents enhances the
utility and efficiency of the transactions in which the documents are
used; and
(6) Additional ways, through information technology, to minimize
the burden of the collection of information on those who are to
respond.
Interested persons are invited to submit comments regarding the
information collection requirements in this proposal. Comments must be
received by November 12, 2013. Comments must refer to the proposal by
name and docket number (FR-5354-N-01) and must be sent to:
HUD Desk Officer, Office of Management and Budget, New Executive Office
Building, Washington, DC 20503, Fax number: (202) 395-6947, and
Colette Pollard, Office of the Chief Information Officer, Department of
Housing and Urban Development, 451 Seventh Street SW., Room 4178,
Washington, DC 20410.
Dated: September 4, 2013.
Laura M. Marin,
Associate General Deputy Assistant Secretary for Housing--Associate
Deputy Federal Housing Commissioner.
[FR Doc. 2013-22024 Filed 9-9-13; 8:45 am]
BILLING CODE 4210-67-P