Federal Housing Administration (FHA) Healthcare Facility Documents: Proposed Revisions and Updates and Notice of Information Collection, 26304-26314 [2012-10687]
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Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Notices
including taxicabs, hotel, and airport shuttles
will be inspected before being allowed on
campus. Visitors will be asked to show one
form of identification (for example, a
government-issued photo ID, driver’s license,
or passport) and to state the purpose of their
visit. Information is also available on the
Institute’s/Center’s home page: https://
deainfo.nci.nih.gov/advisory/ctac/ctac.htm,
where an agenda and any additional
information for the meeting will be posted
when available.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.392, Cancer Construction;
93.393, Cancer Cause and Prevention
Research; 93.394, Cancer Detection and
Diagnosis Research; 93.395, Cancer
Treatment Research; 93.396, Cancer Biology
Research; 93.397, Cancer Centers Support;
93.398, Cancer Research Manpower; 93.399,
Cancer Control, National Institutes of Health,
HHS)
Dated: April 27, 2012.
Jennifer S. Spaeth,
Director, Office of Federal Advisory
Committee Policy.
[FR Doc. 2012–10699 Filed 5–2–12; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
Prospective Grant of Exclusive
License: Development of Ocular
Therapeutics Utilizing the Peptide
C16Y and Related Peptides
National Institutes of Health,
Public Health Service, HHS.
ACTION: Notice.
AGENCY:
Patent application number
Country
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PCT/US2004/04142 ..................................................................................
10/588,884 ................................................................................................
2004317159 ..............................................................................................
2,555,792 ..................................................................................................
04 710659.6 ..............................................................................................
The patent rights in these inventions
have been assigned to the United States
of America.
The prospective exclusive license
territory may be ‘‘worldwide’’, and the
field of use may be limited to ‘‘use of
C16Y and related peptides in the
treatment of ocular disease.’’
DATES: Only written comments and/or
applications for a license which are
received by the NIH Office of
Technology Transfer on or before May
18, 2012 will be considered.
FOR FURTHER INFORMATION CONTACT:
Requests for copies of the patent
application(s), inquiries, AND
comments relating to the contemplated
exclusive license should be directed to:
Susan S. Rucker, JD, CLP, Senior
Advisor for Intellectual Property
Transactions, Office of Technology
Transfer, National Institutes of Health,
6011 Executive Boulevard, Suite 325,
Rockville, MD 20852–3804; Telephone:
(301) 435–4478; Facsimile: (301) 402–
0220; Email: ruckersu@mail.nih.gov.
SUPPLEMENTARY INFORMATION: The
technology encompassed by the patents
and/or patent applications (IP) to be
included in this exclusive license
relates to a protein designated C16Y and
variations thereof. C16Y is an
engineered peptide derived from
laminin gamma 1 chain having antiangiogenic properties. The C16Y
peptide is at least 5-fold more potent
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PCT
US
AU
CA
EP
Filing date or
international
filing date
02/12/2004
08/09/2006
02/12/2004
2/12/2004
2/12/2004
than the previously described C16S
peptide and has been shown to inhibit
choroidal neovascularization (CNV) in
vivo and inhibit angiogenesis in a tumor
bearing mouse model (see Ponce, et al
Cancer Research 63: 5060–64 (2003)).
The IP covers various C16Y
compositions and uses thereof,
particularly its use in treating ocular
diseases.
The prospective start up exclusive
license will be royalty bearing and will
comply with the terms and conditions
of 35 U.S.C. 209 and 37 CFR 404.7. The
prospective start up exclusive license
may be granted unless within fifteen
(15) days from the date of this published
notice, the NIH receives written
evidence and argument that establishes
that the grant of the license would not
be consistent with the requirements of
35 U.S.C. 209 and 37 CFR 404.7.
Only applications for a license in the
field of use set forth in this notice and
filed in response to this notice will be
treated as objections to the grant of the
contemplated start up exclusive license.
Comments and objections submitted to
this notice will not be made available
for public inspection and, to the extent
permitted by law, will not be released
under the Freedom of Information Act,
5 U.S.C. 552.
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This is notice, in accordance
with 35 U.S.C. 209(c)(1) and 37 CFR
part 404.7(a)(1)(i), that the National
Institutes of Health, Department of
Health and Human Services, is
contemplating the grant of an exclusive
patent license to ODIN Biotech, a Texas
corporation, having a place of business
in Dallas, Texas, to practice the
inventions embodied in the patents and
patent applications belonging to the
patent family having HHS Reference
Number E–008–2004/0. The exclusive
license is one which qualifies under the
Start-Up License Agreement program
which is in place from October 1, 2011
through September 30, 2012. Specific
details regarding the individual patents
or patent applications which belong to
this patent family are set forth in the
table below:
SUMMARY:
Status
Expired ...............
Issued .................
Issued .................
Pending ..............
Pending ..............
Publication or patent
number
WO 2005/087250
8,039,585 B2
2004317159 B2
2555792 A1
1737479 A1
Dated: April 27, 2012.
Richard U. Rodriguez,
Director, Division of Technology Development
and Transfer, Office of Technology Transfer,
National Institutes of Health.
[FR Doc. 2012–10636 Filed 5–2–12; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket Number FR–5623–N–01]
Federal Housing Administration (FHA)
Healthcare Facility Documents:
Proposed Revisions and Updates and
Notice of Information Collection
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice.
AGENCY:
Consistent with the
Paperwork Reduction Act of 1995
(PRA), HUD is publishing for public
comment a comprehensive set of closing
and other documents used in
connection with transactions involving
healthcare facilities (excluding
hospitals) that are insured pursuant to
section 232 of the National Housing Act
(Section 232). In addition to meeting
PRA requirements, this notice seeks
public comment for the purpose of
enlisting input from the lending
SUMMARY:
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Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Notices
industry and other interested parties in
the development, updating, and
adoption of a set of instruments
(collectively, healthcare facility
documents) that offer the requisite
protection to all parties in these FHAinsured mortgage transactions,
consistent with modern real estate and
mortgage lending laws and practices.
The healthcare facility documents,
which are the subject of this notice, can
be viewed on HUD’s Web site:
www.hud.gov/232forms. HUD is also
publishing today a proposed rule that
will submit for public comment certain
revisions to FHA’s Section 232
regulations for the purpose of ensuring
consistency between the program
regulations and the revised healthcare
facility documents.
DATES: Comment Due Date: July 2, 2012.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposed rule. 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.
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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 rule.
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
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HUD Headquarters building, an
appointment to review the public
comments must be scheduled in
advance by calling the Regulations
Division at 202–708–3055 (this is not a
toll-free number). Individuals with
speech or hearing impairments may
access this number via TTY by calling
the Federal Relay Service at 800–877–
8339. Copies of all comments submitted
are available for inspection and
downloading at www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
For policy questions 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 tollfree Federal Relay Service at (800) 877–
8339.
For legal questions contact: Millie
Potts, Acting Associate General Counsel,
Office of the General Counsel, Room
9230, Department of Housing and Urban
Development, 451 Seventh Street SW.,
Washington, DC 20410–0500; telephone
(202) 708–1274 (this is not a toll-free
number). Persons with hearing or
speech disabilities may access this
number through TTY by calling the tollfree Federal Information Relay Service
at (800) 877–8339.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
The issuance of this notice is modeled
on the public review and input process
that HUD utilized in the updating of its
multifamily rental project closing
documents. On May 2, 2011, at 76 FR
24363, HUD published a notice
announcing HUD’s completion of the
updates to the multifamily rental project
closing documents. The update of
HUD’s multifamily rental project closing
documents involved substantial review
of proposed changes to those documents
and the opportunity for considerable
public comment. Building on the
experience of that process, including the
changes made to the multifamily rental
project closing documents, HUD has
revised its healthcare facility documents
to utilize, as appropriate, the updated
multifamily documents while also
developing standardized healthcare
facility-specific documents as necessary.
This notice solicits comments on this
revised set of healthcare facility
documents.
The revised healthcare facility
documents can be viewed at:
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26305
www.hud.gov/232forms. All of the
documents that are the subject of this
notice are listed in the Paperwork
Reduction Act table found in Section III
of this notice. Where healthcare facility
documents are based on updated
multifamily rental project closing
documents, the healthcare facility
documents, in addition to being
presented in an unmarked format, are
presented in redline/strikeout format so
that the reviewer can see the changes
proposed to be made to the multifamily
rental project closing documents in
order to make the documents applicable
to healthcare facility transactions.
Where proposed healthcare facility
documents are based on existing
healthcare facility documents, the
proposed healthcare facility documents,
in addition to being presented in an
unmarked format, are also presented in
redline/strikeout format so that the
reviewer can see the changes proposed
to the existing healthcare facility
documents. Summaries of the major
changes to some of the principal
documents follow. Where capitalized
terms are used, such terms refer to the
titles of documents or defined terms in
the documents.
The requirements for commitment
and endorsement of a mortgage note are
provided in HUD’s regulations primarily
at 24 CFR part 200, subpart A; 24 CFR
part 232, and including, in particular,
cross-references to general eligibility
requirements for the FHA multifamily
housing insurance programs in 24 CFR
part 207. HUD’s regulations provide that
where specific documents are
referenced in the regulations such
documents shall be in a form as
prescribed by HUD. The regulations also
specify other program requirements that
are reflected in the proposed
documents. In order to ensure
consistency between applicable program
regulations and the proposed updated
documents, revisions to certain of these
regulations will be the subject of a
proposed rule that HUD will soon be
publishing.
II. Summary of Changes to Selected
HUD Healthcare Facility Documents
As detailed more fully below, the
overall contractual framework, as set
forth in the proposed revised
documents, clarifies current policies,
and strengthens HUD’s oversight. For
example, although HUD has always
taken the position that an operator, like
a borrower, would be subject to
regulatory restrictions pursuant to the
transaction’s regulatory agreements, the
revised documents clarify this policy
and set forth more specific regulatory
restrictions. The revised documents
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propose to: maintain operators’
currently broad discretion over the use
of project funds, provided that quarterly
and year-to-date financial reports
demonstrate that the healthcare facility
is maintaining sufficient working
capital; give borrowers greater flexibility
in the use of project funds, provided
that semi-annual calculations
demonstrate positive surplus cash;
increase a healthcare facility’s ability to
weather financial downturns with a
debt service reserve; expand
information sharing with lenders; clarify
requirements for multiple facility
portfolios and master lease structures;
update terms and standardize
provisions across the nation. Although a
summary of the revised provisions
follows below, HUD encourages
interested parties to review the
proposed form documents, posted on its
Web site at: www.hud.gov/232forms.
Regulatory Agreements. The
healthcare regulatory agreements are
based on the Regulatory Agreement for
Multifamily Projects, with three specific
regulatory agreements proposed: (1) A
borrower’s regulatory agreement; (2) an
operator’s regulatory agreement; and for
use where applicable, (3) a master
tenant’s regulatory agreement. The
agreements are proposed to apply to
multiple potential deal structures. For
example, the operator’s regulatory
agreement will apply to any operator,
whether such operator is a lessee or an
operator pursuant to some other
contractual arrangement; the borrower’s
regulatory agreement will apply
whether or not the borrower is also the
operator, and whether the borrower’s
operator leases the healthcare facility or
operates the facility pursuant to some
other contractual arrangement.
Borrowers who also operate the
healthcare facility will execute both the
borrower’s and the operator’s regulatory
agreements.
Substantively, the regulatory
agreements provide, without limitation,
that: the healthcare facility shall only be
used for approved uses and maintained
in decent, safe, sanitary condition and
good repair; borrowers must maintain a
debt service reserve; borrowers may take
distributions of project funds so long as
semi-annual calculations demonstrate
positive surplus cash; non-profit
borrowers must maintain residual
receipt accounts; project records must
be adequately maintained and kept
available for inspection; borrowers must
submit audited annual financial
statements; operators must submit
quarterly and year-to-date financial
statements; copies of certain notices,
reports, surveys and other
correspondence relating to the permits
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and approvals necessary to operate the
healthcare facility must be provided to
HUD and Lender; HUD’s consent must
be obtained prior to any change in the
operator or management agent; if the
healthcare facility’s financial or
operational viability is at risk, HUD may
require the operator to engage an
operational consultant; and HUD may
terminate an operator’s, master tenant’s,
or sublessee’s rights to operate the
healthcare facility upon an uncured
default.
Management Certification. HUD also
invites comments regarding a newly
created management certification
(‘‘Management Agent’s and Owner’s or
Operator’s Certification for Residential
Care Facilities for Identity-of-Interest or
Independent Management Agents’’).
HUD recognizes that in most instances
the licensed operator, through a
contractual relationship with the owner,
handles the management activities of
the facility. Sometimes, however, that
operator (or even the owner itself as the
licensed operator) contracts with
another entity (‘‘management agent’’) to
handle some management activities.
HUD has determined that, in those
instances, it is important that the
management agent execute a controlling
document whereby it makes key
certifications/commitments directly to
HUD, and through which HUD can
directly pursue remedies in the event of
noncompliance.
Security Instrument and Security
Agreements. The borrower, operator,
and, if applicable, master tenant, all
provide collateral to the lender as
security for the loan. Operators and
master tenants provide Uniform
Commercial Code (UCC) collateral
through security agreements; borrowers
provide their interests in both UCC
property and real property. Based on the
revised multifamily security instrument,
the borrower’s security instrument is set
up with alternative language that can be
used as applicable in states where
mortgages, deeds of trust, security
deeds, or other instrument forms are
used. State-specific addenda may be
developed by HUD field counsel as
required for the various jurisdictions
and may need to be appended,
comparable to the approach taken in the
multifamily rental documents.
Collectively, the borrower’s security
instrument and operator’s and master
tenant’s security agreements provide the
lender with security for the loan in all
project-related assets. These security
documents also incorporate the
regulatory agreements and give the
lenders rights to enforce the borrower’s
promises to provide lender with
appropriate notices, correspondence,
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and other applicable reports. In addition
to these security documents, borrowers
and/or operators, as applicable, will be
required to execute form deposit
account control agreements, and related
documents, to adequately perfect the
lender’s security interests in the project
accounts. Where accounts receivable
financing is utilized, the revised form
intercreditor agreement sets forth the
terms pursuant to which an accounts
receivable lender’s interest may take
priority over the HUD-insured lender’s
interests.
Healthcare Facility Note. The
substantive provisions of the promissory
note used for the healthcare facility
transactions have not been substantially
revised, but the form of note has been
revised, adopting the revised
multifamily note form. The loan
remains a non-recourse loan, as set forth
in the note. The borrower’s personal
assets are not at risk for the repayment
of the loan. However, as with the
multifamily note posted on HUD’s Web
site on May 2, 2011, to the extent an
individual commits fraud, steals funds
from the project, or is otherwise
unjustly enriched through improper use
of project funds, HUD will pursue
recovery of such funds, and certain
controlling entities and individuals will
be asked to sign the regulatory
agreement in acknowledgement of such
potential liability.
Master Lease documents. As multifacility portfolio transactions increase in
occurrence, the master lease structure is
increasingly utilized. In response to this
trend, HUD proposes several form
documents to be used in master lease
structured transactions. The documents
proposed include an Addendum to the
master lease which includes provisions
protecting the Lender and HUD’s
interests, a Master Tenant Security
Agreement, a Master Tenant Regulatory
Agreement, a Subordination Agreement
or Subordination Non-Disturbance
Agreement, and a Cross-Default
Guaranty of Subtenants. The master
lease structure allows for any rental
deficiencies at one facility to be
supported by income from another
facility under the master lease. It is
important to note that a master lease
does not pool the assets of all facilities
for underwriting a single mortgage loan
for multiple facilities. Each individual
loan must meet HUD’s underwriting
standards on its own merit.
Definitions. Several definitions have
been clarified throughout the
documents, and several new terms have
been added. The terms ‘‘Borrower,’’
‘‘Lender,’’ and ‘‘Operator,’’ have been
added and apply when referencing the
respective concepts of borrower/owner/
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Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Notices
mortgagor/lessor, lender/mortgagee, and
operator/lessee/sub-lessee/sub-tenant.
Based on the multifamily concept, the
term ‘‘Mortgaged Property’’ refers to all
of the borrower’s interests in any aspect
of the project, and includes concepts
and interests specific to healthcare
programs. Although ‘‘Mortgaged
Property’’ relates only to the Borrower’s
interests in the project, the operator’s
interests in project-related assets are
separately conveyed as collateral
through the operator’s security
agreement. In order to capture all of
borrowers’ and operators’ interests and
assets related to the development and
operation of the healthcare facility,
including those that, in the strictest
legal interpretations may not be a part
of the healthcare facility itself, the terms
‘‘Healthcare Facility’’ and ‘‘Project’’
have been set forth as very closely
related but distinct concepts: ‘‘Project’’
has been defined as ‘‘any and all assets
of whatever nature or wherever situated
New form
number
HUD–901–
OHP.
HUD–902–
OHP.
HUD–903–
OHP.
HUD–904–
OHP.
HUD–905a–
OHP.
HUD–905–
OHP.
HUD–906–
OHP.
HUD–907–
OHP.
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HUD–907a–
OHP.
HUD–908–
OHP.
VerDate Mar<15>2010
Form name
related to the Loan, including without
limitation, the Mortgaged Property, any
Improvements, and any collateral
owned by operators securing the Loan;’’
whereas ‘‘Healthcare Facility’’ has been
defined as ‘‘any portions of the Project
(both tangible, and intangible), operated
on the Land as a Nursing Home,
Intermediate Care Facility, Board and
Care Home, Assisting Living Facility or
any other healthcare facility authorized
to receive mortgage insurance pursuant
to Section 232 of the National Housing
Act, as amended, or other applicable
federal law.’’ Several other definitions
have been revised, added, or deleted, as
appropriate.
Finally, a decision was made to adopt
more consistency in the numbering
system for the program documents, e.g.
HUD Form 9XXXX–OHP. Greater
consistency should reduce confusion
because the documents will appear in
the same group wherever HUD
publishes the documents, e.g.
Number of
respondents
Firm Application Checklist Section 232—
223a7 Refinance.
Firm Application Checklist Section 232—223f
Refinance.
Firm Application Checklist Section 232—241a
Supplemental Loan.
Firm Application Checklist Section 232—New
Construction—Single
Stage.
Firm Application Checklist Section 232—New
Construction—2
Stage—Final Submittal.
Firm Application Checklist Section 232—New
Construction—2
Stage—Initial Submittal.
Firm Application Checklist Section 232—Substantial Rehabilitation—
Single Stage.
Firm Application Checklist Section 232—Substantial Rehabilitation—
2 Stage—Initial Submittal.
Firm Application Checklist Section 232—Substantial Rehabilitation—
2 Stage—Final Submittal.
Firm Application Checklist Section 232—
Blended Rate—Single
Stage.
15:32 May 02, 2012
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Freq. of
resp.
HUDCLIPS at https://www.hud.gov/
hudclips.
III. Paperwork Reduction Act
The proposed new information
collection requirements contained in
this notice have been submitted to the
Office of Management and Budget
(OMB) for review under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520). Under this Act, an agency may
not conduct or sponsor, and a person is
not required to respond to, a collection
of information unless the collection
displays a valid control number. The
public reporting burden for this new
collection of information is estimated to
include the time for reviewing the
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Information on the estimated public
reporting burden is provided in the
following table:
Avg. burden
per hour per
resp.
Resp. per
annum
Annual burden hours
Avg. hourly
cost per
resp.
Annual cost
30
75
0.67
50
$62
$3,083
30
7.5
225
0.83
188
62
11,563
4
1
4
0.83
3
62
206
10
2
20
1.17
23
62
1,439
10
2
20
0.67
13
62
822
10
2
20
0.83
17
62
1,028
4
1
4
1.17
5
62
288
4
1
4
0.83
3
62
206
4
1
4
0.83
3
62
206
4
PO 00000
2.5
1
4
0.83
3
62
206
Frm 00067
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26308
New form
number
HUD–909–
OHP.
HUD–9010–
OHP.
HUD–9011–
OHP.
HUD–9012–
OHP.
HUD–9001–
OHP.
HUD–
9001a–
OHP.
HUD–
9001b–
OHP.
HUD–
9001c–
OHP.
HUD–
9001d–
OHP.
HUD–
9001e–
OHP.
HUD–9001f–
OHP.
HUD–
9001g–
OHP.
HUD–
9001h–
OHP.
HUD–9001i–
OHP.
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HUD–9001j–
OHP.
HUD–9002–
OHP.
HUD–9003–
OHP.
HUD–
9003a–
OHP.
HUD–9004–
OHP.
HUD–
9005a–
OHP.
HUD–9005–
OHP.
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Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Notices
Form name
Number of
respondents
Firm Application Checklist Section 232—
232(i)—Fire Safety
Protection Loan for
Projects Not Currently
Insured.
Firm Application Checklist Section 232—
232(i)—Fire Safety
Protection Loan for
Projects Currently Insured.
Firm Application Checklist Section 232—
223(d)—Operating
Loss Loan.
Post-Commitment Early
Start of Construction
Checklist.
Lender Narrative
223a7—Main.
Lender Narrative
223a7—Addenda—
PCNA.
Lender Narrative
223a7.223d.232i—Addenda—Survey.
Lender Narrative
223a7—Addenda—
4128.
Lender Narrative
223a7—Addenda—Indebtedness.
Lender Narrative
223a7.223d.232i—Addenda—Principal of
Mortgagor.
Lender Narrative
223a7.223d.232i—Addenda—Operator.
Lender Narrative
223a7.223d.232i—Addenda—Management
Agent.
Lender Narrative
223a7.223d.232i—Addenda—Operating
Lease.
Lender Narrative
223a7.223d.232i—Addenda—Management
Agreement.
Lender Narrative
223a7.223d—Addenda—AR Financing.
Lender Narrative 223f .....
Jkt 226001
Avg. burden
per hour per
resp.
Resp. per
annum
Annual burden hours
Avg. hourly
cost per
resp.
Annual cost
5
10
0.67
7
62
411
2
10
0.67
7
62
411
1
2
2
0.67
1
62
82
7
1
7
0.50
4
62
216
30
2.5
75
22.00
1650
75
123,750
30
2.5
75
1.50
113
75
8,438
30
2.5
75
0.25
19
75
1,406
30
2.5
75
0.25
19
75
1,406
30
2.5
75
0.25
19
75
1,406
30
2.5
75
0.50
38
75
2,813
20
2.5
50
0.50
25
75
1,875
12
2.5
30
0.50
15
75
1,125
30
2.5
75
0.50
38
75
2,813
30
2.5
75
0.25
19
75
1,406
15
2.5
37.5
0.50
19
75
1,406
30
7.5
225
70.00
15750
75
1,181,250
4
1
4
73.33
293
75
22,000
4
1
4
4.00
16
75
1,200
10
2
20
86.67
1733
75
130,000
10
2
20
53.33
1067
75
80,000
10
PO 00000
2
5
Lender Narrative 241a—
Main.
Lender Narrative 241a—
Addenda—Phase 1
Environmental.
Lender Narrative New
Construction—Single
Stage.
Lender Narrative New
Construction 2 Stage
Final Submittal.
Lender Narrative New
Construction 2 Stage
Initial Submittal.
15:32 May 02, 2012
Freq. of
resp.
2
20
63.33
1267
75
95,000
Frm 00068
Fmt 4703
Sfmt 4703
E:\FR\FM\03MYN1.SGM
03MYN1
26309
Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Notices
New form
number
Form name
HUD–9006–
OHP.
Lender Narrative Substantial Rehabilitation—
Single Stage.
Lender Narrative Substantial Rehabilitation 2
Stage Initial Submittal.
Lender Narrative Substantial Rehabilitation 2
Stage Final Submittal.
Lender Narrative—Blended Rate.
Lender Narrative 232(i)
Not Currently Insured.
Lender Narrative 232(i)
Currently Insured.
HUD–9007–
OHP.
HUD–9007aOHP.
HUD–9008–
OHP.
HUD–9009–
OHP.
HUD–
90010–
OHP.
HUD–
90011–
OHP.
HUD–9444–
OHP.
HUD–
90001–
OHP.
HUD–
90002–
OHP.
HUD–
90003a–
OHP.
HUD–
90003–
OHP.
wreier-aviles on DSK7SPTVN1PROD with NOTICES
HUD–
90004–
OHP.
HUD–
90005–
OHP.
HUD–
90006–
OHP.
HUD–
90007–
OHP.
HUD–
90012–
OHP.
HUD–
90013–
OHP.
HUD–
90014–
OHP.
HUD–
90015–
OHP.
HUD–
90016–
OHP.
HUD–
90017–
OHP.
VerDate Mar<15>2010
Number of
respondents
Freq. of
resp.
Avg. burden
per hour per
resp.
Resp. per
annum
Annual burden hours
Avg. hourly
cost per
resp.
Annual cost
4
1
4
93.33
373
75
28,000
4
1
4
70.00
280
75
21,000
4
1
4
70.00
280
75
21,000
4
1
4
70.00
280
62
17,267
5
2
10
0.67
7
62
411
5
2
10
0.67
7
62
411
Lender Narrative
223(d)—Main.
1
2
2
0.67
1
62
82
Lender Narrative Cost
Certification Supplement.
Firm Commitment—
223a7.
2
2
4
6.67
27
75
2,000
30
2.5
75
0.42
31
83
2,604
Firm Commitment—223f
30
7.5
225
0.42
94
83
7,813
Firm Commitment—New
Construction or Substantial Rehabilitation—
2 Stage—Final Submittal (Amended and
Restated).
Firm Commitment—New
Construction or Substantial Rehabilitation—
2 Stage—Initial Submittal.
Firm Commitment—New
Construction or Substantial Rehabilitation—
Single Stage.
Firm Commitment—241a
12
2
24
0.42
10
83
833
12
2
24
0.42
10
83
833
12
2
24
0.42
10
83
833
12
2
24
0.42
10
83
833
Firm Commitment—232(i)
5
2
10
0.67
7
62
411
Firm Commitment—
223(d).
1
2
2
0.67
1
62
82
Consolidated Certification—Lender.
30
2.5
75
0.58
44
67
2,917
Consolidated Certification—Mortgagor.
77
1
77
1.33
103
75
7,700
Consolidated Certification—Principal of the
Mortgagor.
Consolidated Certification—Operator.
38
2
76
1.33
101
75
7,600
35
2
70
1.33
93
75
7,000
Consolidated Certification—Parent of Operator.
Consolidated Certification—Management
Agent.
35
2
70
1.33
93
75
7,000
35
2
70
1.33
93
75
7,000
15:32 May 02, 2012
Jkt 226001
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
E:\FR\FM\03MYN1.SGM
03MYN1
26310
New form
number
HUD–
90018–
OHP.
HUD–
90019–
OHP.
HUD–
90021–
OHP.
HUD–
90022–
OHP.
HUD–9445–
OHP.
HUD–
91118–
OHP.
HUD–
92434–
OHP.
HUD–
91130–
OHP.
HUD–
91131–
OHP.
HUD–
91123–
OHP.
HUD–
91124–
OHP.
HUD–
91127–
OHP.
HUD–
92408–
OHP.
HUD–
95379–
OHP.
HUD–
91129–
OHP.
HUD–9441–
OHP.
HUD–9442–
OHP.
wreier-aviles on DSK7SPTVN1PROD with NOTICES
HUD–
92415–
OHP.
HUD–
93305–
OHP.
HUD–
92441–
OHP.
HUD–
92441a–
OHP.
HUD–
92450–
OHP.
HUD–
92442–
OHP.
VerDate Mar<15>2010
Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Notices
Form name
Number of
respondents
Freq. of
resp.
Avg. burden
per hour per
resp.
Resp. per
annum
Annual burden hours
Avg. hourly
cost per
resp.
Annual cost
Consolidated Certification—Contractors.
4
1
4
1.33
5
75
400
Auditor Certification 223d
3
1
3
0.58
2
67
117
Certification FHA
Retyped Forms.
35
10
350
0.28
99
83
8,264
Certification for Electronic
Submittal.
35
10
350
0.28
99
67
6,611
Certification of Outstanding Obligations.
Owner’s Certification—
Completion of Critical
Repairs.
Lender Certification ........
35
10
350
1.25
438
83
36,458
240
1
240
0.58
140
75
10,500
35
10
350
0.75
263
75
19,688
Building Code Certification.
26
2
52
0.33
17
83
1,444
Zoning Certification .........
30
11.7
351
0.67
234
75
17,550
Design Professional’s
Certification of Liability
Insurance.
Design Architect Certification.
26
2
52
0.33
17
83
1,444
26
2
52
0.33
17
83
1,444
Financial Statement Certification GC.
26
2
52
0.37
19
67
1,271
HUD Amendment to
B108.
26
2
52
0.28
15
75
1,105
HUD Representative’s
Trip Report.
26
28
728
0.83
607
75
45,500
Lender Certification for
New Construction Cost
Certifications.
Lenders Preconstruction
Conference Agenda.
Memo for Post-Commitment Early Start of
Construction Request.
Request for Permission
to Commence Construction Prior to Initial
Endorsement for Mortgage Insurance (PostCommitment Early
Start of Construction).
Agreement and Certification.
10
5.2
52
3.33
173
75
13,000
10
5
50
4.67
233
75
17,500
3
2
6
0.70
4
75
315
3
2
6
0.30
2
83
150
10
5.2
52
0.50
26
75
1,950
Building Loan Agreement
10
5.2
52
1.00
52
75
3,900
Building Loan Agreement
Supplemental.
10
5.2
52
1.00
52
75
3,900
Completion Assurance ....
10
5.2
52
0.50
26
75
1,950
Construction Contract .....
10
5.2
52
1.00
52
75
3,900
15:32 May 02, 2012
Jkt 226001
PO 00000
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Fmt 4703
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E:\FR\FM\03MYN1.SGM
03MYN1
26311
Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Notices
wreier-aviles on DSK7SPTVN1PROD with NOTICES
New form
number
HUD–
92554–
OHP.
HUD–
92456–
OHP.
HUD–
92479–
OHP.
HUD–
92452A–
OHP.
HUD–
92452–
OHP.
HUD–
92455–
OHP.
HUD–
92023–
OHP.
HUD–
92477–
OHP.
HUD–
92412–
OHP.
HUD–
91125–
OHP.
HUD–
91708–
OHP.
HUD–
92576A–
OHP.
HUD–
90023–
OHP.
HUD–
90024–
OHP.
HUD–
91121–
OHP.
HUD–
91122–
OHP.
HUD–
91126–
OHP.
HUD–
92264–
OHP.
HUD–
91116–
OHP.
HUD–941–
OHP.
HUD–
92264a–
OHP.
HUD–
92477–
OHP.
HUD–2–
OHP.
HUD–
91119–
OHP.
VerDate Mar<15>2010
Form name
Number of
respondents
Construction Contract
Supplemental.
Freq. of
resp.
Avg. burden
per hour per
resp.
Resp. per
annum
Annual burden hours
Avg. hourly
cost per
resp.
Annual cost
10
5.2
52
0.20
10
217
2,253
Escrow Agreement for Incomplete Construction.
3
2
6
0.50
3
75
225
Offsite Bond ....................
5
3
15
0.50
8
75
563
Payment Bond ................
5
5.2
26
0.50
13
75
975
Performance bond Dual
Obligee.
5
5.2
26
0.50
13
217
2,817
Request for Endorsement
10
5.2
52
0.75
39
75
2,925
Request for Final Endorsement.
10
5.2
52
1.00
52
75
3,900
1
1
1
0.50
1
75
38
Working Capital Escrow
10
5.2
52
0.50
26
75
1,950
Staffing Schedule ...........
30
5.83
175
1.00
175
62
10,792
Agreement for Payment
of Real Property Taxes.
1
1
1
0.67
1
83
56
Certificate of Need for
Health Facility.
3
2
6
0.30
2
83
150
Check Transmittal Letter
Template.
30
11.7
351
0.28
99
62
6,133
Contact Sheet .................
35
10
350
0.67
233
67
15,556
Deposit Account Control
Agreement (DACA).
30
5
150
3.67
550
217
119,167
Deposit Account Instructions and Service
Agreement (DAISA).
Financial Statement Certification.
30
5
150
3.50
525
217
113,925
150
7
1050
0.37
385
67
25,667
Healthcare Facility Summary Appraisal Report.
26
2
52
41.33
2149
75
161,200
Addendum to Operating
Lease.
30
6.5
195
0.50
98
217
21,125
Lenders FHA Number
Request Form.
Maximum Insurable Mortgage.
30
11.7
351
0.37
129
62
7,937
30
11.7
351
1.25
439
83
36562.5
Property Insurance Requirements.
35
10
350
0.87
303
75
22,750
Request for Waiver of
Housing Directive.
Schedule of Facilities
Owned Operated or
Managed.
20
8
160
1.00
160
75
12,000
35
10
350
1.33
467
75
35,000
Sponsors Bond ...............
15:32 May 02, 2012
Jkt 226001
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E:\FR\FM\03MYN1.SGM
03MYN1
26312
New form
number
HUD–
91110–
OHP.
HUD–
91111–
OHP.
HUD–
91112–
OHP.
HUD–9839–
OHP.
wreier-aviles on DSK7SPTVN1PROD with NOTICES
HUD–
92466–
OHP.
HUD–
92466A–
OHP.
HUD–
94000–
OHP.
HUD–
92070–
OHP.
HUD–
94001–
OHP.
HUD–
91710–
OHP.
HUD–
92420–
OHP.
HUD–9223–
OHP.
HUD–
91128–
OHP.
HUD–
92414–
OHP.
HUD–9443–
OHP.
HUD–
92476–
OHP.
HUD–
92476A–
OHP.
HUD–
92476B–
OHP.
HUD–
92464–
OHP.
HUD–
92266–
OHP.
HUD–
93331–
OHP.
HUD–
93332–
OHP.
HUD–
93333–
OHP.
VerDate Mar<15>2010
Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Notices
Form name
Number of
respondents
Subordination, Non-Disturbance and
Attornment Agreement
of Operating Lease
(SNDA).
Survey Instructions and
Owners Certification.
Freq. of
resp.
Avg. burden
per hour per
resp.
Resp. per
annum
Annual burden hours
Avg. hourly
cost per
resp.
Annual cost
30
11.7
351
2.33
819
233
191,100
180
1.5
270
0.53
144
83
12,000
Request of Overpayment
of Firm Application
Exam Fee.
Management Certification—Residential
Care Facility.
Regulatory Agreement—
Owner of Residential
Care Facility.
Regulatory Agreement—
Operator (non-lessee)
of Residential Care Facility.
Security Instrument/Mortgage/Deed of Trust.
15
5.13
76.95
0.50
38
67
2,565
5
1
5
0.50
3
75
188
35
10
350
0.83
292
217
63,194
10
2
20
0.83
17
217
3,611
35
10
350
1.00
350
217
75,833
Lease Addendum ...........
2
1
2
0.50
1
217
217
Healthcare Facility Note
35
10
350
1.00
350
75
26,250
Residual Receipts Note
Non Profit Mortgagor.
5
2
10
0.50
5
75
375
Subordination Agreement
7
2
14
0.50
7
217
1,517
Surplus Cash Note .........
7
2
14
0.50
7
75
525
Initial Operating Deficit
Escrow Calculation
Template.
Latent Defects Escrow ....
11
5
55
1.25
69
83
5,729
20
12
240
0.50
120
75
9,000
Minor Moveable Escrow
26
2
52
0.92
48
83
3,972
Escrow Agreement Noncritical Deferred Repairs.
Escrow Agreement Additional Contribution by
Sponsors.
Escrow Agreement for
Operating Deficits.
20
12
240
0.50
120
75
9,000
1
1
1
0.50
1
217
108
12
4.8
57.6
0.50
29
75
2,160
Request Approval Advance of Escrow Funds.
35
15
525
1.00
525
75
39,375
Application for Transfer
of Physical Assets
(TPA).
Asset Management Submission Section 232
Accounts Receivable
Checklist.
Certification of Exigent
Health & Safety
(EH&S) Issues.
Certification Physical
Condition in Compliance.
25
2
50
1.17
58
83
4,861
25
2
50
1.17
58
83
4,861
456
1
456
0.75
342
75
25,650
208
1
208
0.50
104
83
8,667
15:32 May 02, 2012
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E:\FR\FM\03MYN1.SGM
03MYN1
26313
Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Notices
New form
number
wreier-aviles on DSK7SPTVN1PROD with NOTICES
HUD–
93486–
OHP.
HUD–9250–
OHP.
HUD–
92114–
OHP.
HUD–
92228–
OHP.
HUD–
92115–
OHP.
HUD–
92116–
OHP.
HUD–
92117–
OHP.
HUD–
92417–
OHP.
HUD–
92118–
OHP.
HUD–
93479–
OHP.
HUD–
93480–
OHP.
HUD–
93481–
OHP.
HUD–
92119–
OHP.
HUD–
90020–
OHP.
HUD–
92321–
OHP.
HUD–
92322–
OHP.
HUD–
92323–
OHP.
HUD–
92324–
OHP.
HUD–
92211–
OHP.
HUD–
92331–
OHP.
HUD–
92333–
OHP.
HUD–
92334–
OHP.
HUD–
92335–
OHP.
HUD–
92337–
OHP.
VerDate Mar<15>2010
Form name
Number of
respondents
Computation of Surplus
Cash HUD 93486.
Freq. of
resp.
Avg. burden
per hour per
resp.
Resp. per
annum
Annual burden hours
Avg. hourly
cost per
resp.
Annual cost
70
1
10
0.25
18
62
1,085
500
5.6
2800
1.00
2800
75
210,000
5
3
15
0.58
9
75
656
Model Form Bill of Sale
and Assignment.
20
2
40
0.67
27
83
2,222
Mortgagor Certification
and Request Detail—
Attach 1.
Modified Master Lease
Checklist—Asset Management.
Owner’s Certification—
Completion of NonCritical Repairs.
Personal Financial and
Credit Statement, form
HUD–92417.
Partial Payment of Claim
Model.
15
2
30
1.00
30
75
2,250
15
2
30
1.00
30
75
2,250
250
2
500
0.58
292
75
21,875
175
6
1050
3.50
3675
83
306,250
15
30
450
2.00
900
75
67,500
60
2
120
1.17
140
75
10,500
60
12
720
1.00
720
75
54,000
Schedule C Schedule of
Accounts Payable.
60
12
720
1.00
720
75
54,000
TPA Checklist (Full and
Modified, Lessee Operator, Management
Agent).
A/R Financing Certification.
11
5
55
0.58
32
75
2,406
50
3
150
0.67
100
217
21,667
Blocked Account Agreement.
35
10
350
2.00
700
200
140,000
Intercreditor Agreement
(for AR Financed
Projects).
Operator Security Agreement.
30
5
150
2.00
300
200
60,000
30
6.5
195
2.00
390
200
78,000
Rider to Intercreditor
Agreement (for AR Financed Projects).
Master Lease Addendum
30
5
150
2.00
300
200
60,000
5
5
25
1.00
25
217
5,417
Subtenants Cross Guaranty.
30
5.83
175
1.00
175
217
37,895
Master Lease SNDA .......
30
5.83
175
1.00
175
217
37,895
Subordination Agreement—Operating
Lease.
Master Tenants Attorneys
Opinion.
30
5.83
175
2.00
350
217
75,790
30
5.83
175
1.00
175
217
37,895
30
5.83
175
2.00
350
217
75,790
Funds Authorizations,
HUD–9250.
Loan Modification Lender
Submission Checklist.
Schedule A Monthly Report for Establishing
Net Income.
Schedule B Schedule of
Disbursements.
Master Tenant Regulatory Agreement.
15:32 May 02, 2012
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E:\FR\FM\03MYN1.SGM
03MYN1
26314
New form
number
HUD–
92339–
OHP.
HUD–
92340–
OHP.
HUD–
91117–
OHP.
HUD–
91725–
INST–
OHP.
HUD–
91725–
CERT–
OHP.
HUD–
91725–
OHP.
HUD–
92325–
OHP.
wreier-aviles on DSK7SPTVN1PROD with NOTICES
Totals ...
Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Notices
Form name
Number of
respondents
Avg. burden
per hour per
resp.
Resp. per
annum
Annual burden hours
Avg. hourly
cost per
resp.
Annual cost
Master Lease Estoppel
Agreement.
30
5.83
175
0.50
87
217
18,948
Master Tenant Security
Agreement.
30
5.83
175
1.00
175
217
37,895
100
2
200
0.75
150
275
41,250
Counsels Opinion Instructions.
35
10
350
2.00
700
217
151,667
Opinion of Borrower’s
Counsel Certification—
Exhibit A.
35
10
350
2.00
700
217
151,667
Guide for Opinion of Borrower’s Counsel.
35
10
350
2.00
700
217
151,667
Guide for Opinion of Operator’s Counsel and
Certification.
30
6.5
195
3.00
585
200
117,000
5115
708
23958
855
51,868
15,252
4,966,799
Operator Estoppel Certificate.
.........................................
In accordance with 5 CFR
1320.8(d)(1), HUD is soliciting
comments from members of the public
and affected 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.
Interested persons are invited to
submit comments regarding the
information collection requirements in
this proposal. Comments must be
received by July 2, 2012. 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
VerDate Mar<15>2010
Freq. of
resp.
15:32 May 02, 2012
Jkt 226001
Seventh Street SW., Room 4178,
Washington, DC 20410.
DATES:
IV. Solicitation of Public Comments
ADDRESSES:
HUD welcomes public comments
from industry and other interested
members of the public on this most
recent issuance of revised documents,
posted at: www.hud.gov/232forms.
Dated: April 12, 2012.
Carol J. Galante,
Assistant Secretary for Housing—Federal
Housing Commissioner.
[FR Doc. 2012–10687 Filed 5–2–12; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
National Environmental Policy Act:
Implementing Procedures; Addition to
Categorical Exclusions for Bureau of
Indian Affairs (516 DM 10)
Department of the Interior.
Notice.
AGENCY:
ACTION:
This notice announces a
proposed addition to the categorical
exclusions included in the
Departmental Manual 516 DM 10. The
proposed categorical exclusion pertains
to the leasing and funding for singlefamily homesites on Indian land,
including associated improvements and
easements, which encompass five acres
or less of contiguous land.
SUMMARY:
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
Comments are due by June 4,
2012.
Send comments to Marvin
Keller, NEPA Coordinator—Indian
Affairs, 2051 Mercator Drive, Reston,
VA 20191, email: Marv.Keller@bia.gov.
FOR FURTHER INFORMATION CONTACT:
Marvin Keller, NEPA Coordinator—
Indian Affairs, (703) 390–6470.
SUPPLEMENTARY INFORMATION:
Background
The National Environmental Policy
Act (NEPA) requires Federal agencies to
consider the potential environmental
consequences of their decisions before
deciding whether and how to proceed.
The Council on Environmental Quality
encourages Federal agencies to use
categorical exclusions to protect the
environment more efficiently by; (a)
reducing the resources spent analyzing
proposals which generally do not have
potentially significant environmental
impacts, and (b) focusing resources on
proposals that may have significant
environmental impacts. The appropriate
use of categorical exclusions allow the
NEPA review to be concluded without
preparing either an Environmental
Assessment (EA) or an Environmental
Impact Statement (EIS) (40 CFR
1500.4(p) and 40 CFR 1508.4).
The need for adequate housing is
critical on most Indian reservations.
Several hundred actions associated with
new home construction are processed
each year and this is expected to
continue at the same level. The Bureau
E:\FR\FM\03MYN1.SGM
03MYN1
]]>Agencies
[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Notices]
[Pages 26304-26314]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10687]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket Number FR-5623-N-01]
Federal Housing Administration (FHA) Healthcare Facility
Documents: Proposed Revisions and Updates and Notice of Information
Collection
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Consistent with the Paperwork Reduction Act of 1995 (PRA), HUD
is publishing for public comment a comprehensive set of closing and
other documents used in connection with transactions involving
healthcare facilities (excluding hospitals) that are insured pursuant
to section 232 of the National Housing Act (Section 232). In addition
to meeting PRA requirements, this notice seeks public comment for the
purpose of enlisting input from the lending
[[Page 26305]]
industry and other interested parties in the development, updating, and
adoption of a set of instruments (collectively, healthcare facility
documents) that offer the requisite protection to all parties in these
FHA-insured mortgage transactions, consistent with modern real estate
and mortgage lending laws and practices. The healthcare facility
documents, which are the subject of this notice, can be viewed on HUD's
Web site: www.hud.gov/232forms. HUD is also publishing today a proposed
rule that will submit for public comment certain revisions to FHA's
Section 232 regulations for the purpose of ensuring consistency between
the program regulations and the revised healthcare facility documents.
DATES: Comment Due Date: July 2, 2012.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposed rule. 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
rule.
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 appointment to review the public comments must be
scheduled in advance by calling the Regulations Division at 202-708-
3055 (this is not a toll-free number). Individuals with speech or
hearing impairments may access this number via TTY by calling the
Federal Relay Service at 800-877-8339. Copies of all comments submitted
are available for inspection and downloading at www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
For policy questions 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.
For legal questions contact: Millie Potts, Acting Associate General
Counsel, Office of the General Counsel, Room 9230, Department of
Housing and Urban Development, 451 Seventh Street SW., Washington, DC
20410-0500; telephone (202) 708-1274 (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 Information Relay Service
at (800) 877-8339.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
The issuance of this notice is modeled on the public review and
input process that HUD utilized in the updating of its multifamily
rental project closing documents. On May 2, 2011, at 76 FR 24363, HUD
published a notice announcing HUD's completion of the updates to the
multifamily rental project closing documents. The update of HUD's
multifamily rental project closing documents involved substantial
review of proposed changes to those documents and the opportunity for
considerable public comment. Building on the experience of that
process, including the changes made to the multifamily rental project
closing documents, HUD has revised its healthcare facility documents to
utilize, as appropriate, the updated multifamily documents while also
developing standardized healthcare facility-specific documents as
necessary. This notice solicits comments on this revised set of
healthcare facility documents.
The revised healthcare facility documents can be viewed at:
www.hud.gov/232forms. All of the documents that are the subject of this
notice are listed in the Paperwork Reduction Act table found in Section
III of this notice. Where healthcare facility documents are based on
updated multifamily rental project closing documents, the healthcare
facility documents, in addition to being presented in an unmarked
format, are presented in redline/strikeout format so that the reviewer
can see the changes proposed to be made to the multifamily rental
project closing documents in order to make the documents applicable to
healthcare facility transactions. Where proposed healthcare facility
documents are based on existing healthcare facility documents, the
proposed healthcare facility documents, in addition to being presented
in an unmarked format, are also presented in redline/strikeout format
so that the reviewer can see the changes proposed to the existing
healthcare facility documents. Summaries of the major changes to some
of the principal documents follow. Where capitalized terms are used,
such terms refer to the titles of documents or defined terms in the
documents.
The requirements for commitment and endorsement of a mortgage note
are provided in HUD's regulations primarily at 24 CFR part 200, subpart
A; 24 CFR part 232, and including, in particular, cross-references to
general eligibility requirements for the FHA multifamily housing
insurance programs in 24 CFR part 207. HUD's regulations provide that
where specific documents are referenced in the regulations such
documents shall be in a form as prescribed by HUD. The regulations also
specify other program requirements that are reflected in the proposed
documents. In order to ensure consistency between applicable program
regulations and the proposed updated documents, revisions to certain of
these regulations will be the subject of a proposed rule that HUD will
soon be publishing.
II. Summary of Changes to Selected HUD Healthcare Facility Documents
As detailed more fully below, the overall contractual framework, as
set forth in the proposed revised documents, clarifies current
policies, and strengthens HUD's oversight. For example, although HUD
has always taken the position that an operator, like a borrower, would
be subject to regulatory restrictions pursuant to the transaction's
regulatory agreements, the revised documents clarify this policy and
set forth more specific regulatory restrictions. The revised documents
[[Page 26306]]
propose to: maintain operators' currently broad discretion over the use
of project funds, provided that quarterly and year-to-date financial
reports demonstrate that the healthcare facility is maintaining
sufficient working capital; give borrowers greater flexibility in the
use of project funds, provided that semi-annual calculations
demonstrate positive surplus cash; increase a healthcare facility's
ability to weather financial downturns with a debt service reserve;
expand information sharing with lenders; clarify requirements for
multiple facility portfolios and master lease structures; update terms
and standardize provisions across the nation. Although a summary of the
revised provisions follows below, HUD encourages interested parties to
review the proposed form documents, posted on its Web site at:
www.hud.gov/232forms.
Regulatory Agreements. The healthcare regulatory agreements are
based on the Regulatory Agreement for Multifamily Projects, with three
specific regulatory agreements proposed: (1) A borrower's regulatory
agreement; (2) an operator's regulatory agreement; and for use where
applicable, (3) a master tenant's regulatory agreement. The agreements
are proposed to apply to multiple potential deal structures. For
example, the operator's regulatory agreement will apply to any
operator, whether such operator is a lessee or an operator pursuant to
some other contractual arrangement; the borrower's regulatory agreement
will apply whether or not the borrower is also the operator, and
whether the borrower's operator leases the healthcare facility or
operates the facility pursuant to some other contractual arrangement.
Borrowers who also operate the healthcare facility will execute both
the borrower's and the operator's regulatory agreements.
Substantively, the regulatory agreements provide, without
limitation, that: the healthcare facility shall only be used for
approved uses and maintained in decent, safe, sanitary condition and
good repair; borrowers must maintain a debt service reserve; borrowers
may take distributions of project funds so long as semi-annual
calculations demonstrate positive surplus cash; non-profit borrowers
must maintain residual receipt accounts; project records must be
adequately maintained and kept available for inspection; borrowers must
submit audited annual financial statements; operators must submit
quarterly and year-to-date financial statements; copies of certain
notices, reports, surveys and other correspondence relating to the
permits and approvals necessary to operate the healthcare facility must
be provided to HUD and Lender; HUD's consent must be obtained prior to
any change in the operator or management agent; if the healthcare
facility's financial or operational viability is at risk, HUD may
require the operator to engage an operational consultant; and HUD may
terminate an operator's, master tenant's, or sublessee's rights to
operate the healthcare facility upon an uncured default.
Management Certification. HUD also invites comments regarding a
newly created management certification (``Management Agent's and
Owner's or Operator's Certification for Residential Care Facilities for
Identity-of-Interest or Independent Management Agents''). HUD
recognizes that in most instances the licensed operator, through a
contractual relationship with the owner, handles the management
activities of the facility. Sometimes, however, that operator (or even
the owner itself as the licensed operator) contracts with another
entity (``management agent'') to handle some management activities. HUD
has determined that, in those instances, it is important that the
management agent execute a controlling document whereby it makes key
certifications/commitments directly to HUD, and through which HUD can
directly pursue remedies in the event of noncompliance.
Security Instrument and Security Agreements. The borrower,
operator, and, if applicable, master tenant, all provide collateral to
the lender as security for the loan. Operators and master tenants
provide Uniform Commercial Code (UCC) collateral through security
agreements; borrowers provide their interests in both UCC property and
real property. Based on the revised multifamily security instrument,
the borrower's security instrument is set up with alternative language
that can be used as applicable in states where mortgages, deeds of
trust, security deeds, or other instrument forms are used. State-
specific addenda may be developed by HUD field counsel as required for
the various jurisdictions and may need to be appended, comparable to
the approach taken in the multifamily rental documents. Collectively,
the borrower's security instrument and operator's and master tenant's
security agreements provide the lender with security for the loan in
all project-related assets. These security documents also incorporate
the regulatory agreements and give the lenders rights to enforce the
borrower's promises to provide lender with appropriate notices,
correspondence, and other applicable reports. In addition to these
security documents, borrowers and/or operators, as applicable, will be
required to execute form deposit account control agreements, and
related documents, to adequately perfect the lender's security
interests in the project accounts. Where accounts receivable financing
is utilized, the revised form intercreditor agreement sets forth the
terms pursuant to which an accounts receivable lender's interest may
take priority over the HUD-insured lender's interests.
Healthcare Facility Note. The substantive provisions of the
promissory note used for the healthcare facility transactions have not
been substantially revised, but the form of note has been revised,
adopting the revised multifamily note form. The loan remains a non-
recourse loan, as set forth in the note. The borrower's personal assets
are not at risk for the repayment of the loan. However, as with the
multifamily note posted on HUD's Web site on May 2, 2011, to the extent
an individual commits fraud, steals funds from the project, or is
otherwise unjustly enriched through improper use of project funds, HUD
will pursue recovery of such funds, and certain controlling entities
and individuals will be asked to sign the regulatory agreement in
acknowledgement of such potential liability.
Master Lease documents. As multi-facility portfolio transactions
increase in occurrence, the master lease structure is increasingly
utilized. In response to this trend, HUD proposes several form
documents to be used in master lease structured transactions. The
documents proposed include an Addendum to the master lease which
includes provisions protecting the Lender and HUD's interests, a Master
Tenant Security Agreement, a Master Tenant Regulatory Agreement, a
Subordination Agreement or Subordination Non-Disturbance Agreement, and
a Cross-Default Guaranty of Subtenants. The master lease structure
allows for any rental deficiencies at one facility to be supported by
income from another facility under the master lease. It is important to
note that a master lease does not pool the assets of all facilities for
underwriting a single mortgage loan for multiple facilities. Each
individual loan must meet HUD's underwriting standards on its own
merit.
Definitions. Several definitions have been clarified throughout the
documents, and several new terms have been added. The terms
``Borrower,'' ``Lender,'' and ``Operator,'' have been added and apply
when referencing the respective concepts of borrower/owner/
[[Page 26307]]
mortgagor/lessor, lender/mortgagee, and operator/lessee/sub-lessee/sub-
tenant. Based on the multifamily concept, the term ``Mortgaged
Property'' refers to all of the borrower's interests in any aspect of
the project, and includes concepts and interests specific to healthcare
programs. Although ``Mortgaged Property'' relates only to the
Borrower's interests in the project, the operator's interests in
project-related assets are separately conveyed as collateral through
the operator's security agreement. In order to capture all of
borrowers' and operators' interests and assets related to the
development and operation of the healthcare facility, including those
that, in the strictest legal interpretations may not be a part of the
healthcare facility itself, the terms ``Healthcare Facility'' and
``Project'' have been set forth as very closely related but distinct
concepts: ``Project'' has been defined as ``any and all assets of
whatever nature or wherever situated related to the Loan, including
without limitation, the Mortgaged Property, any Improvements, and any
collateral owned by operators securing the Loan;'' whereas ``Healthcare
Facility'' has been defined as ``any portions of the Project (both
tangible, and intangible), operated on the Land as a Nursing Home,
Intermediate Care Facility, Board and Care Home, Assisting Living
Facility or any other healthcare facility authorized to receive
mortgage insurance pursuant to Section 232 of the National Housing Act,
as amended, or other applicable federal law.'' Several other
definitions have been revised, added, or deleted, as appropriate.
Finally, a decision was made to adopt more consistency in the
numbering system for the program documents, e.g. HUD Form 9XXXX-OHP.
Greater consistency should reduce confusion because the documents will
appear in the same group wherever HUD publishes the documents, e.g.
HUDCLIPS at https://www.hud.gov/hudclips.
III. Paperwork Reduction Act
The proposed new information collection requirements contained in
this notice have been submitted to the Office of Management and Budget
(OMB) for review under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501- 3520). Under this Act, an agency may not conduct or sponsor, and
a person is not required to respond to, a collection of information
unless the collection displays a valid control number. The public
reporting burden for this new collection of information is estimated to
include the time for reviewing the instructions, searching existing
data sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information. Information on the
estimated public reporting burden is provided in the following table:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Avg. burden Annual Avg. hourly
New form number Form name Number of Freq. of Resp. per per hour burden cost per Annual cost
respondents resp. annum per resp. hours resp.
--------------------------------------------------------------------------------------------------------------------------------------------------------
HUD-901-OHP......................... Firm Application 30 2.5 75 0.67 50 $62 $3,083
Checklist Section 232--
223a7 Refinance.
HUD-902-OHP......................... Firm Application 30 7.5 225 0.83 188 62 11,563
Checklist Section 232--
223f Refinance.
HUD-903-OHP......................... Firm Application 4 1 4 0.83 3 62 206
Checklist Section 232--
241a Supplemental Loan.
HUD-904-OHP......................... Firm Application 10 2 20 1.17 23 62 1,439
Checklist Section 232--
New Construction--
Single Stage.
HUD-905a-OHP........................ Firm Application 10 2 20 0.67 13 62 822
Checklist Section 232--
New Construction--2
Stage--Final Submittal.
HUD-905-OHP......................... Firm Application 10 2 20 0.83 17 62 1,028
Checklist Section 232--
New Construction--2
Stage--Initial
Submittal.
HUD-906-OHP......................... Firm Application 4 1 4 1.17 5 62 288
Checklist Section 232--
Substantial
Rehabilitation--Single
Stage.
HUD-907-OHP......................... Firm Application 4 1 4 0.83 3 62 206
Checklist Section 232--
Substantial
Rehabilitation--2
Stage--Initial
Submittal.
HUD-907a-OHP........................ Firm Application 4 1 4 0.83 3 62 206
Checklist Section 232--
Substantial
Rehabilitation--2
Stage--Final Submittal.
HUD-908-OHP......................... Firm Application 4 1 4 0.83 3 62 206
Checklist Section 232--
Blended Rate--Single
Stage.
[[Page 26308]]
HUD-909-OHP......................... Firm Application 5 2 10 0.67 7 62 411
Checklist Section 232--
232(i)--Fire Safety
Protection Loan for
Projects Not Currently
Insured.
HUD-9010-OHP........................ Firm Application 5 2 10 0.67 7 62 411
Checklist Section 232--
232(i)--Fire Safety
Protection Loan for
Projects Currently
Insured.
HUD-9011-OHP........................ Firm Application 1 2 2 0.67 1 62 82
Checklist Section 232--
223(d)--Operating Loss
Loan.
HUD-9012-OHP........................ Post-Commitment Early 7 1 7 0.50 4 62 216
Start of Construction
Checklist.
HUD-9001-OHP........................ Lender Narrative 223a7-- 30 2.5 75 22.00 1650 75 123,750
Main.
HUD-9001a-OHP....................... Lender Narrative 223a7-- 30 2.5 75 1.50 113 75 8,438
Addenda--PCNA.
HUD-9001b-OHP....................... Lender Narrative 30 2.5 75 0.25 19 75 1,406
223a7.223d.232i--Adden
da--Survey.
HUD-9001c-OHP....................... Lender Narrative 223a7-- 30 2.5 75 0.25 19 75 1,406
Addenda--4128.
HUD-9001d-OHP....................... Lender Narrative 223a7-- 30 2.5 75 0.25 19 75 1,406
Addenda--Indebtedness.
HUD-9001e-OHP....................... Lender Narrative 30 2.5 75 0.50 38 75 2,813
223a7.223d.232i--Adden
da--Principal of
Mortgagor.
HUD-9001f-OHP....................... Lender Narrative 20 2.5 50 0.50 25 75 1,875
223a7.223d.232i--Adden
da--Operator.
HUD-9001g-OHP....................... Lender Narrative 12 2.5 30 0.50 15 75 1,125
223a7.223d.232i--Adden
da--Management Agent.
HUD-9001h-OHP....................... Lender Narrative 30 2.5 75 0.50 38 75 2,813
223a7.223d.232i--Adden
da--Operating Lease.
HUD-9001i-OHP....................... Lender Narrative 30 2.5 75 0.25 19 75 1,406
223a7.223d.232i--Adden
da--Management
Agreement.
HUD-9001j-OHP....................... Lender Narrative 15 2.5 37.5 0.50 19 75 1,406
223a7.223d--Addenda--A
R Financing.
HUD-9002-OHP........................ Lender Narrative 223f.. 30 7.5 225 70.00 15750 75 1,181,250
HUD-9003-OHP........................ Lender Narrative 241a-- 4 1 4 73.33 293 75 22,000
Main.
HUD-9003a-OHP....................... Lender Narrative 241a-- 4 1 4 4.00 16 75 1,200
Addenda--Phase 1
Environmental.
HUD-9004-OHP........................ Lender Narrative New 10 2 20 86.67 1733 75 130,000
Construction--Single
Stage.
HUD-9005a-OHP....................... Lender Narrative New 10 2 20 53.33 1067 75 80,000
Construction 2 Stage
Final Submittal.
HUD-9005-OHP........................ Lender Narrative New 10 2 20 63.33 1267 75 95,000
Construction 2 Stage
Initial Submittal.
[[Page 26309]]
HUD-9006-OHP........................ Lender Narrative 4 1 4 93.33 373 75 28,000
Substantial
Rehabilitation--Single
Stage.
HUD-9007-OHP........................ Lender Narrative 4 1 4 70.00 280 75 21,000
Substantial
Rehabilitation 2 Stage
Initial Submittal.
HUD-9007a-OHP....................... Lender Narrative 4 1 4 70.00 280 75 21,000
Substantial
Rehabilitation 2 Stage
Final Submittal.
HUD-9008-OHP........................ Lender Narrative-- 4 1 4 70.00 280 62 17,267
Blended Rate.
HUD-9009-OHP........................ Lender Narrative 232(i) 5 2 10 0.67 7 62 411
Not Currently Insured.
HUD-90010-OHP....................... Lender Narrative 232(i) 5 2 10 0.67 7 62 411
Currently Insured.
HUD-90011-OHP....................... Lender Narrative 1 2 2 0.67 1 62 82
223(d)--Main.
HUD-9444-OHP........................ Lender Narrative Cost 2 2 4 6.67 27 75 2,000
Certification
Supplement.
HUD-90001-OHP....................... Firm Commitment--223a7. 30 2.5 75 0.42 31 83 2,604
HUD-90002-OHP....................... Firm Commitment--223f.. 30 7.5 225 0.42 94 83 7,813
HUD-90003a-OHP...................... Firm Commitment--New 12 2 24 0.42 10 83 833
Construction or
Substantial
Rehabilitation--2
Stage--Final Submittal
(Amended and Restated).
HUD-90003-OHP....................... Firm Commitment--New 12 2 24 0.42 10 83 833
Construction or
Substantial
Rehabilitation--2
Stage--Initial
Submittal.
HUD-90004-OHP....................... Firm Commitment--New 12 2 24 0.42 10 83 833
Construction or
Substantial
Rehabilitation--Single
Stage.
HUD-90005-OHP....................... Firm Commitment--241a.. 12 2 24 0.42 10 83 833
HUD-90006-OHP....................... Firm Commitment--232(i) 5 2 10 0.67 7 62 411
HUD-90007-OHP....................... Firm Commitment--223(d) 1 2 2 0.67 1 62 82
HUD-90012-OHP....................... Consolidated 30 2.5 75 0.58 44 67 2,917
Certification--Lender.
HUD-90013-OHP....................... Consolidated 77 1 77 1.33 103 75 7,700
Certification--Mortgag
or.
HUD-90014-OHP....................... Consolidated 38 2 76 1.33 101 75 7,600
Certification--Princip
al of the Mortgagor.
HUD-90015-OHP....................... Consolidated 35 2 70 1.33 93 75 7,000
Certification--Operato
r.
HUD-90016-OHP....................... Consolidated 35 2 70 1.33 93 75 7,000
Certification--Parent
of Operator.
HUD-90017-OHP....................... Consolidated 35 2 70 1.33 93 75 7,000
Certification--Managem
ent Agent.
[[Page 26310]]
HUD-90018-OHP....................... Consolidated 4 1 4 1.33 5 75 400
Certification--Contrac
tors.
HUD-90019-OHP....................... Auditor Certification 3 1 3 0.58 2 67 117
223d.
HUD-90021-OHP....................... Certification FHA 35 10 350 0.28 99 83 8,264
Retyped Forms.
HUD-90022-OHP....................... Certification for 35 10 350 0.28 99 67 6,611
Electronic Submittal.
HUD-9445-OHP........................ Certification of 35 10 350 1.25 438 83 36,458
Outstanding
Obligations.
HUD-91118-OHP....................... Owner's Certification-- 240 1 240 0.58 140 75 10,500
Completion of Critical
Repairs.
HUD-92434-OHP....................... Lender Certification... 35 10 350 0.75 263 75 19,688
HUD-91130-OHP....................... Building Code 26 2 52 0.33 17 83 1,444
Certification.
HUD-91131-OHP....................... Zoning Certification... 30 11.7 351 0.67 234 75 17,550
HUD-91123-OHP....................... Design Professional's 26 2 52 0.33 17 83 1,444
Certification of
Liability Insurance.
HUD-91124-OHP....................... Design Architect 26 2 52 0.33 17 83 1,444
Certification.
HUD-91127-OHP....................... Financial Statement 26 2 52 0.37 19 67 1,271
Certification GC.
HUD-92408-OHP....................... HUD Amendment to B108.. 26 2 52 0.28 15 75 1,105
HUD-95379-OHP....................... HUD Representative's 26 28 728 0.83 607 75 45,500
Trip Report.
HUD-91129-OHP....................... Lender Certification 10 5.2 52 3.33 173 75 13,000
for New Construction
Cost Certifications.
HUD-9441-OHP........................ Lenders Preconstruction 10 5 50 4.67 233 75 17,500
Conference Agenda.
HUD-9442-OHP........................ Memo for Post- 3 2 6 0.70 4 75 315
Commitment Early Start
of Construction
Request.
HUD-92415-OHP....................... Request for Permission 3 2 6 0.30 2 83 150
to Commence
Construction Prior to
Initial Endorsement
for Mortgage Insurance
(Post-Commitment Early
Start of Construction).
HUD-93305-OHP....................... Agreement and 10 5.2 52 0.50 26 75 1,950
Certification.
HUD-92441-OHP....................... Building Loan Agreement 10 5.2 52 1.00 52 75 3,900
HUD-92441a-OHP...................... Building Loan Agreement 10 5.2 52 1.00 52 75 3,900
Supplemental.
HUD-92450-OHP....................... Completion Assurance... 10 5.2 52 0.50 26 75 1,950
HUD-92442-OHP....................... Construction Contract.. 10 5.2 52 1.00 52 75 3,900
[[Page 26311]]
HUD-92554-OHP....................... Construction Contract 10 5.2 52 0.20 10 217 2,253
Supplemental.
HUD-92456-OHP....................... Escrow Agreement for 3 2 6 0.50 3 75 225
Incomplete
Construction.
HUD-92479-OHP....................... Offsite Bond........... 5 3 15 0.50 8 75 563
HUD-92452A-OHP...................... Payment Bond........... 5 5.2 26 0.50 13 75 975
HUD-92452-OHP....................... Performance bond Dual 5 5.2 26 0.50 13 217 2,817
Obligee.
HUD-92455-OHP....................... Request for Endorsement 10 5.2 52 0.75 39 75 2,925
HUD-92023-OHP....................... Request for Final 10 5.2 52 1.00 52 75 3,900
Endorsement.
HUD-92477-OHP....................... Sponsors Bond.......... 1 1 1 0.50 1 75 38
HUD-92412-OHP....................... Working Capital Escrow. 10 5.2 52 0.50 26 75 1,950
HUD-91125-OHP....................... Staffing Schedule...... 30 5.83 175 1.00 175 62 10,792
HUD-91708-OHP....................... Agreement for Payment 1 1 1 0.67 1 83 56
of Real Property Taxes.
HUD-92576A-OHP...................... Certificate of Need for 3 2 6 0.30 2 83 150
Health Facility.
HUD-90023-OHP....................... Check Transmittal 30 11.7 351 0.28 99 62 6,133
Letter Template.
HUD-90024-OHP....................... Contact Sheet.......... 35 10 350 0.67 233 67 15,556
HUD-91121-OHP....................... Deposit Account Control 30 5 150 3.67 550 217 119,167
Agreement (DACA).
HUD-91122-OHP....................... Deposit Account 30 5 150 3.50 525 217 113,925
Instructions and
Service Agreement
(DAISA).
HUD-91126-OHP....................... Financial Statement 150 7 1050 0.37 385 67 25,667
Certification.
HUD-92264-OHP....................... Healthcare Facility 26 2 52 41.33 2149 75 161,200
Summary Appraisal
Report.
HUD-91116-OHP....................... Addendum to Operating 30 6.5 195 0.50 98 217 21,125
Lease.
HUD-941-OHP......................... Lenders FHA Number 30 11.7 351 0.37 129 62 7,937
Request Form.
HUD-92264a-OHP...................... Maximum Insurable 30 11.7 351 1.25 439 83 36562.5
Mortgage.
HUD-92477-OHP....................... Property Insurance 35 10 350 0.87 303 75 22,750
Requirements.
HUD-2-OHP........................... Request for Waiver of 20 8 160 1.00 160 75 12,000
Housing Directive.
HUD-91119-OHP....................... Schedule of Facilities 35 10 350 1.33 467 75 35,000
Owned Operated or
Managed.
[[Page 26312]]
HUD-91110-OHP....................... Subordination, Non- 30 11.7 351 2.33 819 233 191,100
Disturbance and
Attornment Agreement
of Operating Lease
(SNDA).
HUD-91111-OHP....................... Survey Instructions and 180 1.5 270 0.53 144 83 12,000
Owners Certification.
HUD-91112-OHP....................... Request of Overpayment 15 5.13 76.95 0.50 38 67 2,565
of Firm Application
Exam Fee.
HUD-9839-OHP........................ Management 5 1 5 0.50 3 75 188
Certification--Residen
tial Care Facility.
HUD-92466-OHP....................... Regulatory Agreement-- 35 10 350 0.83 292 217 63,194
Owner of Residential
Care Facility.
HUD-92466A-OHP...................... Regulatory Agreement-- 10 2 20 0.83 17 217 3,611
Operator (non-lessee)
of Residential Care
Facility.
HUD-94000-OHP....................... Security Instrument/ 35 10 350 1.00 350 217 75,833
Mortgage/Deed of Trust.
HUD-92070-OHP....................... Lease Addendum......... 2 1 2 0.50 1 217 217
HUD-94001-OHP....................... Healthcare Facility 35 10 350 1.00 350 75 26,250
Note.
HUD-91710-OHP....................... Residual Receipts Note 5 2 10 0.50 5 75 375
Non Profit Mortgagor.
HUD-92420-OHP....................... Subordination Agreement 7 2 14 0.50 7 217 1,517
HUD-9223-OHP........................ Surplus Cash Note...... 7 2 14 0.50 7 75 525
HUD-91128-OHP....................... Initial Operating 11 5 55 1.25 69 83 5,729
Deficit Escrow
Calculation Template.
HUD-92414-OHP....................... Latent Defects Escrow.. 20 12 240 0.50 120 75 9,000
HUD-9443-OHP........................ Minor Moveable Escrow.. 26 2 52 0.92 48 83 3,972
HUD-92476-OHP....................... Escrow Agreement 20 12 240 0.50 120 75 9,000
Noncritical Deferred
Repairs.
HUD-92476A-OHP...................... Escrow Agreement 1 1 1 0.50 1 217 108
Additional
Contribution by
Sponsors.
HUD-92476B-OHP...................... Escrow Agreement for 12 4.8 57.6 0.50 29 75 2,160
Operating Deficits.
HUD-92464-OHP....................... Request Approval 35 15 525 1.00 525 75 39,375
Advance of Escrow
Funds.
HUD-92266-OHP....................... Application for 25 2 50 1.17 58 83 4,861
Transfer of Physical
Assets (TPA).
HUD-93331-OHP....................... Asset Management 25 2 50 1.17 58 83 4,861
Submission Section 232
Accounts Receivable
Checklist.
HUD-93332-OHP....................... Certification of 456 1 456 0.75 342 75 25,650
Exigent Health &
Safety (EH&S) Issues.
HUD-93333-OHP....................... Certification Physical 208 1 208 0.50 104 83 8,667
Condition in
Compliance.
[[Page 26313]]
HUD-93486-OHP....................... Computation of Surplus 70 1 10 0.25 18 62 1,085
Cash HUD 93486.
HUD-9250-OHP........................ Funds Authorizations, 500 5.6 2800 1.00 2800 75 210,000
HUD-9250.
HUD-92114-OHP....................... Loan Modification 5 3 15 0.58 9 75 656
Lender Submission
Checklist.
HUD-92228-OHP....................... Model Form Bill of Sale 20 2 40 0.67 27 83 2,222
and Assignment.
HUD-92115-OHP....................... Mortgagor Certification 15 2 30 1.00 30 75 2,250
and Request Detail--
Attach 1.
HUD-92116-OHP....................... Modified Master Lease 15 2 30 1.00 30 75 2,250
Checklist--Asset
Management.
HUD-92117-OHP....................... Owner's Certification-- 250 2 500 0.58 292 75 21,875
Completion of Non-
Critical Repairs.
HUD-92417-OHP....................... Personal Financial and 175 6 1050 3.50 3675 83 306,250
Credit Statement, form
HUD-92417.
HUD-92118-OHP....................... Partial Payment of 15 30 450 2.00 900 75 67,500
Claim Model.
HUD-93479-OHP....................... Schedule A Monthly 60 2 120 1.17 140 75 10,500
Report for
Establishing Net
Income.
HUD-93480-OHP....................... Schedule B Schedule of 60 12 720 1.00 720 75 54,000
Disbursements.
HUD-93481-OHP....................... Schedule C Schedule of 60 12 720 1.00 720 75 54,000
Accounts Payable.
HUD-92119-OHP....................... TPA Checklist (Full and 11 5 55 0.58 32 75 2,406
Modified, Lessee
Operator, Management
Agent).
HUD-90020-OHP....................... A/R Financing 50 3 150 0.67 100 217 21,667
Certification.
HUD-92321-OHP....................... Blocked Account 35 10 350 2.00 700 200 140,000
Agreement.
HUD-92322-OHP....................... Intercreditor Agreement 30 5 150 2.00 300 200 60,000
(for AR Financed
Projects).
HUD-92323-OHP....................... Operator Security 30 6.5 195 2.00 390 200 78,000
Agreement.
HUD-92324-OHP....................... Rider to Intercreditor 30 5 150 2.00 300 200 60,000
Agreement (for AR
Financed Projects).
HUD-92211-OHP....................... Master Lease Addendum.. 5 5 25 1.00 25 217 5,417
HUD-92331-OHP....................... Subtenants Cross 30 5.83 175 1.00 175 217 37,895
Guaranty.
HUD-92333-OHP....................... Master Lease SNDA...... 30 5.83 175 1.00 175 217 37,895
HUD-92334-OHP....................... Subordination 30 5.83 175 2.00 350 217 75,790
Agreement--Operating
Lease.
HUD-92335-OHP....................... Master Tenants 30 5.83 175 1.00 175 217 37,895
Attorneys Opinion.
HUD-92337-OHP....................... Master Tenant 30 5.83 175 2.00 350 217 75,790
Regulatory Agreement.
[[Page 26314]]
HUD-92339-OHP....................... Master Lease Estoppel 30 5.83 175 0.50 87 217 18,948
Agreement.
HUD-92340-OHP....................... Master Tenant Security 30 5.83 175 1.00 175 217 37,895
Agreement.
HUD-91117-OHP....................... Operator Estoppel 100 2 200 0.75 150 275 41,250
Certificate.
HUD-91725-INST-OHP.................. Counsels Opinion 35 10 350 2.00 700 217 151,667
Instructions.
HUD-91725-CERT-OHP.................. Opinion of Borrower's 35 10 350 2.00 700 217 151,667
Counsel Certification--
Exhibit A.
HUD-91725-OHP....................... Guide for Opinion of 35 10 350 2.00 700 217 151,667
Borrower's Counsel.
HUD-92325-OHP....................... Guide for Opinion of 30 6.5 195 3.00 585 200 117,000
Operator's Counsel and
Certification.
-------------------------------------------------------------------------------------------------------------------
Totals.......................... ....................... 5115 708 23958 855 51,868 15,252 4,966,799
--------------------------------------------------------------------------------------------------------------------------------------------------------
In accordance with 5 CFR 1320.8(d)(1), HUD is soliciting comments
from members of the public and affected 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.
Interested persons are invited to submit comments regarding the
information collection requirements in this proposal. Comments must be
received by July 2, 2012. 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.
IV. Solicitation of Public Comments
HUD welcomes public comments from industry and other interested
members of the public on this most recent issuance of revised
documents, posted at: www.hud.gov/232forms.
Dated: April 12, 2012.
Carol J. Galante,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 2012-10687 Filed 5-2-12; 8:45 am]
BILLING CODE 4210-67-P
