[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31620-31622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14289]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5997-N-16]
30-Day Notice of Proposed Information Collection: Affirmative
Fair Housing Marketing Plan
AGENCY: Office of the Chief Information Officer, HUD.
ACTION: Notice.
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SUMMARY: This notice solicits public comment for a period of 30 days,
consistent with the Paperwork Reduction Act of 1995 (PRA), on the
Affirmative Fair Housing Marketing Plan (AFHMP) forms. On December 5,
2016, HUD solicited public comment for a period of 60 days on the AFHMP
forms. The 60-day notice commenced the notice and comment process
required by the PRA in order to obtain approval from the Office of
Management and Budget (OMB) for the information proposed to be
collected by the AFHMP forms. This 30-day notice takes into
consideration the public comment received in response to the 60-day
notice, and completes the public comment process required by the PRA.
With the issuance of this notice, and following consideration of
additional public comments received in response to this notice, HUD is
complying with the PRA renewal requirements, and the forms will undergo
the public comment process every 3 years to retain OMB approval.
DATES: Comment Due Date: August 7, 2017.
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: HUD Desk Officer, Office of
Management and Budget, New Executive Office Building, Washington, DC
20503; fax: 202-395-5806. Email: OIRA Submission @omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: [email protected] or telephone 202-
402-8046. This 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.
1. Electronic Submission of Comments. Interested persons may submit
comments 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. Comments should follow the
[[Page 31621]]
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 submitted to HUD will be available for
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the
above address. Due to security measures at the HUD Headquarters
building, an advance appointment to review the public comments must be
scheduled by calling QDAM at 202-402-3400 (this is not a toll free
number). Individuals who are deaf or hard of hearing and individuals
with speech impairments may access this number via TTY by calling the
toll-free Federal Relay Service at (800) 877-8339. Copies of all
comments submitted are available for inspection and downloading at
www.regulations.gov.
SUPPLEMENTARY INFORMATION:
The 60-Day Notice for the AFHMP Forms
On December 5, 2016, at 81 FR 87581, HUD published its 60-day
notice, the first notice for public comment required by the PRA, to
commence the process for renewal of the AFHMP Forms. The 60-day public
comment period ended on February 3, 2017, and HUD received one public
comment. The following section, Section A, responds to the issues
raised by the public commenter, and Section B provides HUD's estimation
of the burden hours associated with the AFHMP forms, and further
solicits issues for public comment which are required to be solicited
by the PRA.
Submission Requirements
Under the AFHM Regulations (24 CFR part 200, subpart M), all
applicants for participation in Federal Housing Administration (FHA)
subsidized and unsubsidized housing programs that involve the
development or rehabilitation of multifamily projects or manufactured
home parks of five or more lots, units, or spaces must submit an AFHM
Plan on a prescribed form. In addition, all applicants for
participation in FHA subsidized and unsubsidized housing programs that
involve the development or rehabilitation of single family housing or
condominium or cooperative units that intend to sell five or more
properties in the next year, or sold five or more properties in the
past year, and where a lender is submitting initial applications for
HUD mortgage insurance, must submit one of several agreements or
statements, among which is an AFHM Plan on a prescribed form.
A. Public Comment on the AFHMP Forms and HUD's Responses
Comments
The commenter stated that the single-family form 935.2B is
ineffective because the form cannot be used for activities occurring
outside of a fixed census tract. The commenter suggests that the form
be revised to contemplate activities that offer tenants a choice in
housing location such as Tenant Based Rental Assistance or down payment
assistance. The commenter further stated that the AFHMP forms should
include the 16 racial categories reported to HUD as required by the
Housing and Economic Recovery Act of 2008.
HUD response: HUD appreciates the commenter's views and input. HUD
notes that the forms were not intended for use for tenant-based rental
assistance and down payment assistance programs and declines to make
revisions to allow for the use of the forms for such programs at this
time. In regard to the commenter's concern that the form does not
include all 16 racial categories that are reported to HUD under other
programs, HUD notes that the form includes the five minimum racial
categories required by OMB for the collection and presentation of
federal data on race. The Department declines to add the additional
racial categories at this time.
B. Overview of Information Collection
Under the PRA, HUD is required to report the following:
Title of Information Collection: Affirmative Fair Housing Marketing
Plan.
OMB Approval Number: 2529-0013.
Type of Request: Reinstatement without change, of previously
approved collection for which approval has expired.
Form Number: HUD-935.2A, 935.2B, 935.2C.
Description of the need for the information and proposed use: The
Department of Housing and Urban Development (HUD) is requesting that
the Office of Management and Budget (OMB) approve the extension of
forms: HUD-935.2A Affirmative Fair Housing Marketing Plan--Multifamily
Housing, HUD-935.2B Affirmative Fair Housing Marketing Plan--Single
Family Housing, and HUD-935.2C Affirmative Fair Housing Marketing
Plan--Condominiums or Cooperatives. These forms assist HUD in
fulfilling its duty under the Fair Housing Act to administer its
programs and activities relating to housing and urban development in a
manner that affirmatively furthers fair housing, by promoting a
condition in which individuals of similar income levels in the same
housing market area have available to them a like range of housing
choices, regardless of race, color, national origin, religion, sex,
disability, or familial status. This collection also promotes
compliance with Executive Order 11063, which requires Federal agencies
to take all necessary and appropriate action to prevent discrimination
in federally insured and subsidized housing. Under the AFHM Regulations
(24 CFR part 200, subpart M), all applicants for participation in
Federal Housing Administration (FHA) subsidized and unsubsidized
housing programs that involve the development or rehabilitation of
multifamily projects or manufactured home parks of five or more lots,
units, or spaces must submit an AFHM Plan on a prescribed form. In
addition, all applicants for participation in FHA subsidized and
unsubsidized housing programs that involve the development or
rehabilitation of single family housing or condominium or cooperative
units that intend to sell five or more properties in the next year, or
sold five or more properties in the past year, and where a lender is
submitting initial applications for HUD mortgage insurance, must submit
one of several agreements or statements, among which is an AFHM Plan on
a prescribed form. If this information was not collected, it would
prevent HUD from ensuring compliance with affirmative fair housing
marketing requirements.
Respondents: Applicants for FHA subsidized and unsubsidized housing
programs.
Estimated Number of Respondents: 8,080 (HUD 935.2A: On an annual
basis, there are approximately 300 respondents that submit new plans,
4,030 respondents that review their existing plans and submit updated
plans, and 3,720 respondents that review their existing plans, but are
not required to submit updated plans. HUD 935.2.B & C: On an annual
basis, there are approximately 30 respondents that submit new plans.)
Estimated Number of Responses: 8,080.
Frequency of Response: 1 per annum.
Average Hours per Response: The average hours per response is 3.16
hours. (For the HUD-935.2A, the hours per response are: 6 hours (new
plans), 4 hours (review and update plans), and 2 hours (review of
existing plans only).
[[Page 31622]]
For the 935.2B & C, the hours per response is 6 hours).
Total Estimated Burdens: 25,540 hours.
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Number of Frequency of Responses Burden hour per Annual burden Hourly cost per
Information collection respondents response per annum response hours response Annual cost
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HUD-935.2A (MFH)............... 8,050 1............... 8,050 New 6 x 300....... New 1,800........ Respondents: Respondents:
Review Only 2 x Reviews Only $35/hour New = ($35 x 4 x
3,720. 7,440. (professional 300) + ($16 x 2
work). x 300) =
$51,600.
Review & Update 4 Review & Update $16/hour Reviews = ($35 x
x 4,030. 16,120. (clerical work). 2 x 3,720) =
$260,400.
$1.25 per report Updates = ($35 x
mailing. 2 x 4,030) +
($16 x 2 x
$4,030) =
$411,060.
Mailing Costs =
$1.25 x 4,330 =
$5,412.50.
Annual Cost =
$51,600 +
$260,400 +
$411,060 +
$5,412.50 =
$728,472.50.
Government: Government:
$38.56/hour \1\ New = ($38.56 x 3
(professional x 300) + ($17.55
work).. x 0.5 x 300) =
$37,336.50.
$17.55/hour \2\ Reviews & Updates
(clerical work). = ($38.56 x 3 x
4,030) + ($17.55
x 0.5 x $4,030)
= $501,553.65.
Annual Cost =
$37,336.50 +
$501,553.65 =
$538,890.15.
HUD-935.2B (SFH) & C (Condos 30 1............... 30 6................. 180.............. Respondents: Respondents:
and Co-Ops).
$35/hour ($35 x 4 x 30) +
(professional ($16 x 2 x 30) =
work). $5,160.
$16/hour $1.25 x 30 =
(clerical work). $37.50.
$1.25 per report Annual Cost =
mailing. $5,160 + $37.50
= $5,197.50.
Government: Government:
$38.56/hour Annual Cost =
(professional ($38.56 x 3 x
work). 30) + ($17.55 x
0.5 x 30) =
$3,733.65.
$17.55/hour
(clerical work).
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Total...................... 8,080 1 each.......... 8,080 Avg. of 3.16...... 25,540........... Avg. of $28.73... Respondents:
$733,670.
................. Government:
$542,623.80.
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\1\ Rate for GS 12 Step 5 ($38.56/hour) based on the salary
information available on OPM.gov.
\2\ Rate for GS 5 step 5 ($17.55/hour) based on the salary
information available on OPM.gov.
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B. 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: July 3, 2017.
Inez C. Downs,
Department Reports Management Officer, Office of the Chief Information
Officer.
[FR Doc. 2017-14289 Filed 7-6-17; 8:45 am]
BILLING CODE 4210-67-P