Supportive Housing for the Elderly Senior Preservation Rental Assistance Contracts: 60-Day Notice of Information Collection, 40158-40161 [2013-16074]

Download as PDF 40158 Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Notices individuals and organizations to submit information on their participation in Community Drill Day. The registration process will provide FEMA with valuable information about the public’s participation in Community Drill Day that will inform future outreach strategies related to participation in Community Drill Day. Affected Public: Individuals or households; Farms; Business or other for-profit; Federal Government; Not-forprofit institutions; State, local or Tribal Government. Estimated Number of Respondents: 50,000. Estimated Total Annual Burden Hours: 15,000 hours. Estimated Cost: The estimated annual cost to respondents for the hour burden is $326,100.00. There are no annual costs to respondents operations and maintenance costs for technical services. There is no annual start-up or capital costs. The cost to the Federal Government is $49,210.00. Dated: June 20, 2013. Charlene D. Myrthil, Director, Records Management Division, Mission Support Bureau, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. 2013–15960 Filed 7–2–13; 8:45 am] BILLING CODE 9111–27–P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [OMB Control Number 1615–0044] Agency Information Collection Activities: Application for Action on an Approved Application or Petition, Form I–824; Revision of a Currently Approved Collection ACTION: 30-Day Notice. The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection notice was previously published in the Federal Register on March 22, 2013, at 78 FR 17702, allowing for a 60-day public comment period. USCIS received a comment in connection with the 60-day notice. DATES: The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged emcdonald on DSK67QTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:48 Jul 02, 2013 Jkt 229001 and will be accepted until August 2, 2013. This process is conducted in accordance with 5 CFR 1320.10. ADDRESSES: Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, must be directed to the OMB USCIS Desk Officer via email at oira_submission@omb.eop.gov. The comments submitted to the OMB USCIS Desk Officer may also be submitted to DHS via the Federal eRulemaking Portal Web site at http://www.regulations.gov under e-Docket ID number USCIS– 2007–0012 or via email at uscisfrcomment@uscis.dhs.gov. All submissions received must include the agency name and the OMB Control Number 1615–0044. SUPPLEMENTARY INFORMATION: Comments Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the Federal eRulemaking Portal at www.regulations.gov, and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to consider limiting the amount of personal information that you provide in any voluntary submission you make to DHS. For additional information please read the Privacy Act notice that is available via the link in the footer of www.regulations.gov. Note: The address listed in this notice should only be used to submit comments concerning this information collection. Please do not submit requests for individual case status inquiries to this address. If you are seeking information about the status of your individual case, please check ‘‘My Case Status’’ online at: https://egov.uscis.gov/cris/ Dashboard.do, or call the USCIS National Customer Service Center at 1–800–375–5283. Written comments and suggestions from the public and affected agencies should address one or more of the following four points: (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, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection (1) Type of Information Collection Request: Revision of a Currently Approved Collection. (2) Title of the Form/Collection: Application for Action on an Approved Application or Petition. (3) Agency form number, if any, and the applicable component of the DHS sponsoring the collection: I–824; USCIS. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. Form I–824 is used to request a duplicate approval notice, or to notify the U.S. Consulate that a petition has been approved or that a person has been adjusted to permanent resident status. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: 11,707 responses at .417 hours (25 minutes) per response. (6) An estimate of the total public burden (in hours) associated with the collection: 4,881.82. If you need a copy of the information collection instrument with supplementary documents, or need additional information, please visit http://www.regulations.gov. We may also be contacted at: USCIS, Office of Policy and Strategy, Regulatory Coordination Division, 20 Massachusetts Avenue NW., Washington, DC 20529–2140; Telephone 202–272–8377. Dated June 24, 2013. Laura Dawkins, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. 2013–15910 Filed 7–2–13; 8:45 am] BILLING CODE 9111–97–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5667–N–03] Supportive Housing for the Elderly Senior Preservation Rental Assistance Contracts: 60-Day Notice of Information Collection Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. AGENCY: E:\FR\FM\03JYN1.SGM 03JYN1 Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Notices Notice of request for public comment. ACTION: FOR FURTHER INFORMATION CONTACT: In accordance with the Paperwork Reduction Act of 1995, HUD is issuing for public comment four documents for use in the Senior Preservation Rental Assistance Contract (SPRAC) program. HUD is seeking Office of Management and Budget (OMB) approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. DATES: Comment Due Date: September 3, 2013. ADDRESSES: Interested persons are invited to submit comments regarding this notice to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410–0500. Communications must refer to the above docket number and title. There are two methods for submitting public comments. All submissions must refer to the above docket number and title. 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. 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. Commenters should follow the instructions provided on that site to submit comments electronically. SUMMARY: emcdonald on DSK67QTVN1PROD with NOTICES 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 downloading at www.regulations.gov. VerDate Mar<15>2010 17:48 Jul 02, 2013 Jkt 229001 Margaret Salazar, Acting Director, Office of Affordable Housing Preservation, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 6230, Washington, DC 20410; telephone number 202–708– 0001 (this is not a toll-free number). Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at 800–877–8339. SUPPLEMENTARY INFORMATION: I. Background The Section 202 Supportive Housing for the Elderly Act of 2010 (Pub. L. 111– 372, 124 Stat. 4077, approved January 4, 2011) (2010 Act) authorizes HUD to provide SPRACs with 20-year terms to owner-applicants (Owner-Applicants) and existing Section 202 properties that meet SPRAC eligibility criteria as established by HUD. The purpose of the SPRAC Program is to prevent the displacement of current tenants of certain projects assisted under HUD’s Section 202 Supportive Housing for the Elderly program (Section 202 program) in the case of refinancing or recapitalization and to further preserve and maintain affordability of Section 202 Direct Loan projects. General authority for the prepayment of a Section 202 Direct Loan is provided by Section 811 of the American Homeownership and Economic Opportunity (AHEO) Act of 2000, as amended by the 2010 Act (12 U.S.C. 1701q note). Pursuant to this authority, SPRACs may be awarded by HUD to Section 202 properties with original interest rates of 6 percent or less (financed prior to 1974), as part of a recaptialization to address the physical needs of the property. In FY 2012, $16 million was made available for SPRAC funding. On January 8, 2013, at 78 FR 1224, HUD published a proposed notice in the Federal Register that presented for public comment the proposed process by which HUD would award SPRACs, including the proposed application process, as well as the proposed eligibility and selection criteria. HUD solicited public comment for a period of 60 days. HUD reviewed and considered the public comments received in response to the January 8, 2013, notice, and HUD is developing the final notice that will announce the process by which HUD will award SPRACs. II. This 60-Day Notice Documents for Review and Comment Consistent with the Paperwork Reduction Act of 1995, this notice seeks PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 40159 comment, for a period of 60 days of four documents that HUD will use for the award of SPRACs. 1. Agreement To Enter Into a Senior Preservation Rental Assistance Contract—Part I (ASPRAC I) The ASPRAC I, including exhibits, which may be attached or incorporated by reference, comprises the entire agreement between the Owner and HUD with respect to the matters contained addressed in the ASPRAC I. The exhibits that are part of the ASPRAC I include: the Senior Preservation Rental Assistance Contract (SPRAC) to be executed upon prepayment of the Section 202 Direct Loan (Exhibit A); the schedule of completion in stages if applicable (the exhibit should identify the units in each stage) (Exhibit B); and the schedule of Davis-Bacon wages, if applicable (Exhibit C). The ASPRAC I provides for the inclusion of additional exhibits that may be necessary or appropriate. The ASPRAC I provides that neither party is bound by any representations or agreements of any kind except as contained in the ASPRAC I, any applicable regulations, and agreements entered into in writing by the parties which are consistent with this Agreement. The ASPRAC I further provides that nothing contained in the ASPRAC I shall create of affect any relationship between HUD and any contractors or subcontractors employed by the Owner in the completion of the project. The ASPRAC I requires the Owner to certify that the site of the project for which HUD is committing funds is either (1) without occupants eligible for relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended; or (2) with occupants eligible for assistance the URA and Owner agrees to provide such assistance in accordance with URA and HUD requirements. 2. Agreement To Enter Into a Senior Preservation Rental Assistance Contract—Part II (ASPRAC II) The ASPRAC II contains the following areas that specify the Owner’s agreement to undertake certain action, which include information and reporting requirements: • Schedule of Completion, which addresses the timely commencement of work, the time for completion, and the possibility of delays, and the reporting requirements associated with commencement and completion of work. E:\FR\FM\03JYN1.SGM 03JYN1 emcdonald on DSK67QTVN1PROD with NOTICES 40160 Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Notices • Marketing, which addresses the commencement and continuation of marketing of the project and notification requirements associated with the marketing. • Execution of the SPRAC, which addresses the time of execution of the SPRAC, the completion of the various stages associated with work on the project; unleased units at the time of execution of the SPRAC, and HUD’s examination of such units; leased units at the time of execution and HUD’s examination of such units; and the amount of contract rents. • Cooperation in Equal Opportunity Reviews, which addresses agreement by the Owner to cooperate with HUD in conducting monitoring and compliance reviews and complaint investigations; • Compliance with standard federal laws related to federally-funded housing, which includes compliance with such laws the National Environmental Policy Act, Flood Disaster Protection Act, Clean Air Act and Water Pollution Control Act, Displacement and Relocation Assistance, Lead-Based Paint Poisoning Prevention Act, anti-lobbying requirements; and the Davis Bacon Act. • Defaults by Owner, which addresses what constitutes a default by the Owner under the SPRAC, HUD’s determination of default and corrective action that may be taken, including termination of the SPRA. • Disputes, which provides that the Secretary of HUD or designee will resolve a dispute that may arise between the Owner and a HUD Field Office, which the latter two are unable to resolve. • Assignment, Sale or Foreclosure, which addresses the Owner’s agreement that it has not made or will not make any sale, assignment, or conveyance or transfer of the project without seeking and receiving the prior written consent of HUD. • Prevention of Conflicts of Interest, which addresses the prohibition of the officers, directors, stockholders and unauthorized representatives of the Owner having a financial interest in any contract in connection with the rendition of services, the provision of goods or supplies, project management, procurement of furnishings or equipment, construction of the project, procurement of the site or other matters related to the development or operation of the project. 3. Senior Preservation Rental Assistance Contract—Part I (SPRAC I) The SPRAC I establishes the effective date, initial term, funding for the initial term of the SPRAC and renewal. The VerDate Mar<15>2010 17:48 Jul 02, 2013 Jkt 229001 SPRAC requires the Owner to describe the project, to provide a statement of services maintenance and utilities to be provided by the Owner. The SPRAC also requires for the Owner to provide the following as exhibits to the SPRAC: (1) A schedule of SPRAC Units and SPRAC rents; (2) daily debt service; (3) an affirmative fair housing marketing plan; (4) the recorded Section 202 Use Agreement; and (5) the Agreement to Enter into a SPRAC. 4. Senior Preservation Rental Assistance Contract—Part II (SPRAC II) The SPRAC II establishes the agreedupon responsibilities and obligations of the Owner, the Contact Administration and HUD. The SPRAC II identifies the HUD regulations with which all owners of HUD assisted housing must comply, and that includes the owner of a project assisted under SPRAC. The SPRAC II includes definitions that are applicable to SPRAC II but also SPRAC I. The SPRAC II reiterates the agreements contained in ASPRAC II, such as those pertaining to nondiscrimination, compliance reviews, the applicable property insurance such as property and liability insurance, flood insurance, assignment, sale, or foreclosure of the property, Davis-Bacon wage requirements, disputes, and conflicts of interest. The SPRAC II also specifies certain information collection and reporting requirements, which are directed solely to the SPRAC projects and these include the owner’s agreement to: Maintain a written, chronological waiting list showing the name, race, gender, ethnicity and date of each person applying to reside in a SPRAC Unit at the subject project; establish a standard numeric threshold for the purpose of determining when it may be necessary to close the waiting list and temporarily cease accepting applications for SPRAC Units; furnishing a copy of its waiting list policies and procedures to HUD; furnishing to HUD, upon HUD’s request, applications of admissions (including denial of admission); confirming all information provided on the application by the family applicants; preparing the HUD Lease between the families and the Owner in the form prescribed by HUD; submitting to the Contract Administrator, upon the Contract Administrator’s request, a rent comparability study; submitting monthly requests to the Owner’s Contract Administrator for SPRAC payments, and each month request must contain a certification by the Owner as to the accuracy and veracity of certain formation to the best of the Owner’s knowledge; and submitting to the PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 Contract Administrator within 90 days after the end of each fiscal year of the project, financial statements for the project that have been audited by an Independent Public Accountant in the form required by HUD. All four documents are available for review in their entirety at http:// portal.hud.gov/hudportal/HUD?src=/ program_offices/housing/mfh/presrv/ presmfh/sprac_contracts. Paperwork Reduction Act—Estimated Burden and Cost Under the Paperwork Reduction Act (44 U.S.C. 3501–3520) (PRA), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. ‘‘Collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information before submitting the collection to OMB for approval. To comply with this requirement, HUD is publishing this notice of the proposed information and recordkeeping and reporting, as set forth in the four SPRAC documents. 1. Descriptive Information The Title of the Proposed Information Collection is Senior Preservation Rental Assistance Contracts. The Need for the Proposed Information Collection and Use is to ensure proper use of federal funds, compliance with applicable HUD and federal requirements, and to allow for HUD to monitor compliance with HUD and federal requirements. Agency Form Numbers N/A. Eligible Applicants are owners of Section 202 properties with original interest rates of 6 per cent or less (financed prior to 1974) when the property refinanced is to make capital repairs and the owner does not anticipate debt service savings from the refinance. Status of Proposed Information Collection is new. 2. Specific Issues for Comment With respect to the collection of information and reporting requirements in the four SPRAC documents, HUD invites comments on these topics: (1) Whether the proposed collection of information is necessary for the E:\FR\FM\03JYN1.SGM 03JYN1 40161 Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Notices proper performance of responsibilities under the SPRAC program, including whether the information will have practical utility; (2) The accuracy of HUD’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (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 respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology. The public reporting burden for information collection and reporting requirements in the four SPRAC documents are estimated to include the time for reviewing the instructions, Number of respondents Information collection Frequency of response 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: 3. Estimated Burden The estimated burden for the four SPRAC documents is as follows: Responses per annum Burden hours per response Annual burden hours ASPRAC I ............................................................................ ASPRAC II ........................................................................... SPRAC I ............................................................................... SPRAC II .............................................................................. 20 20 20 20 1 1 1 1 20 20 20 20 1 1 2 2 20 20 40 40 Totals ............................................................................ 20 4 80 6 120 Dated: June 27, 2013. Laura M. Marin, Acting General Deputy Assistant Secretary for Housing—Acting General Deputy Federal Housing Commissioner. [FR Doc. 2013–16074 Filed 7–2–13; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5600–FA–40] Announcement of Funding Awards for Fiscal Year 2012 Sustainable Construction in Indian Country Small Grant Program Office of the Assistant Secretary for Policy Development and Research, HUD. ACTION: Announcement of funding award. AGENCY: In accordance with Section 102(a)(4)(C) of the Department of Housing and Urban Development (HUD) Reform Act of 1989, this document notifies the public of funding awards for the Fiscal Year (FY) 2012 Sustainable Construction in Indian Country Small Grant (SCinIC) Program. The purpose of this document is to announce the names and addresses of the award winners and the amount of the award to be used to help develop, deploy, and disseminate innovative approaches of Sustainable Construction methods or practices that are suitable for Indian Country. FOR FURTHER INFORMATION CONTACT: Michael D. Blanford, Affordable Housing Research and Technology, Office of Policy Development and Research, U.S. Department of Housing and Urban Development, Room 8134, 451 Seventh Street SW., Washington, emcdonald on DSK67QTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:48 Jul 02, 2013 Jkt 229001 DC 20410, Telephone at (202) 402–5728. Persons with speech or hearing impairments may call the Federal Relay Service TTY at 800–877–8339. Except for the ‘‘800’’ number, these telephone numbers are not toll-free. Individuals may also reach Mr. Blanford via email at Michael.D.Blanford@hud.gov. SUPPLEMENTARY INFORMATION: HUD invited applicants to submit proposals for funding that encouraged the use of sustainable construction practices in Native American housing. Proposals were to take into account the multiple geographic, economic and cultural aspects of Native American residential design and construction. HUD sought applications in four broad areas: demonstration; technical assistance; curriculum development/training; and information dissemination related to sustainable construction in the Native Community. Activities performed under the Sustainable Construction in Indian Country Small Grant Program should document the impact of one or more innovative approaches to sustainable construction in Indian Country, identify a set of lessons learned, and then develop, deploy or distribute a tool highlighting those lessons. Grants could range from $50,000 to $100,000. Grants are awarded for up to a two-year period. The Catalog of Federal Domestic Assistance number for this program is 14.525. On February 5, 2013, HUD posted a Notice of Funds Availability (NOFA) for the Fiscal Year 2012 Transformation Initiative: Sustainable Construction in Indian Country Small Grant Program on Grants.gov. The Department reviewed, evaluated and scored the applications received based on the criteria in the NOFA. As a result, HUD has funded the applications announced below, and in PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 accordance with Section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989 (103 Stat. 1987, U.S.C. 3545). Dated: June 7, 2013. Jean Lin Pao, General Deputy Assistant Secretary for Policy Development and Research. Attachment List of Awardees for Grant Assistance Under the Fiscal Year (FY) 2012 Sustainable Construction in Indian Country Small Grant Program Funding Competition, by Institution, Address, and Grant Amount 1. Enterprise Community Partners, 10227 Wincopin Circle, Columbia, MD, 21044–3400. Grant: $100,000. 2. Sault Tribe Housing Authority, 154 Parkside, Kincheloe, Michigan 49788– 0000. Grant: $100,000. 3. The Regents of the University of Colorado, 3100 Marine Street, Room 479, Boulder, Colorado 80303–1058. Grant: $100,000. 4. Aleutian Housing Authority, 520 E. 32nd Avenue, Anchorage, Alaska 99503–4104. Grant: $100,000. [FR Doc. 2013–15992 Filed 7–2–13; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No: FR–5667–N–02] Announcement of Issuance by HUD of Notice of Senior Preservation Rental Assistance Contracts Award Process and Solicitation of Applications Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. AGENCY: E:\FR\FM\03JYN1.SGM 03JYN1

Agencies

[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Notices]
[Pages 40158-40161]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16074]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5667-N-03]


Supportive Housing for the Elderly Senior Preservation Rental 
Assistance Contracts: 60-Day Notice of Information Collection

AGENCY: Office of the Assistant Secretary for Housing--Federal Housing 
Commissioner, HUD.

[[Page 40159]]


ACTION: Notice of request for public comment.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, HUD is 
issuing for public comment four documents for use in the Senior 
Preservation Rental Assistance Contract (SPRAC) program. HUD is seeking 
Office of Management and Budget (OMB) approval for the information 
collection described below. The purpose of this notice is to allow 60 
days for public comment in the Federal Register preceding submission to 
OMB.

DATES: Comment Due Date: September 3, 2013.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice to the Regulations Division, Office of General Counsel, 
Department of Housing and Urban Development, 451 7th Street SW., Room 
10276, Washington, DC 20410-0500. Communications must refer to the 
above docket number and title. There are two methods for submitting 
public comments. All submissions must refer to the above docket number 
and title.
    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. 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. 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 downloading at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Margaret Salazar, Acting Director, 
Office of Affordable Housing Preservation, Office of Housing, 
Department of Housing and Urban Development, 451 7th Street SW., Room 
6230, Washington, DC 20410; telephone number 202-708-0001 (this is not 
a toll-free number). Persons with hearing or speech impairments may 
access this number through TTY by calling the toll-free Federal Relay 
Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Section 202 Supportive Housing for the Elderly Act of 2010 
(Pub. L. 111-372, 124 Stat. 4077, approved January 4, 2011) (2010 Act) 
authorizes HUD to provide SPRACs with 20-year terms to owner-applicants 
(Owner-Applicants) and existing Section 202 properties that meet SPRAC 
eligibility criteria as established by HUD. The purpose of the SPRAC 
Program is to prevent the displacement of current tenants of certain 
projects assisted under HUD's Section 202 Supportive Housing for the 
Elderly program (Section 202 program) in the case of refinancing or 
recapitalization and to further preserve and maintain affordability of 
Section 202 Direct Loan projects. General authority for the prepayment 
of a Section 202 Direct Loan is provided by Section 811 of the American 
Homeownership and Economic Opportunity (AHEO) Act of 2000, as amended 
by the 2010 Act (12 U.S.C. 1701q note). Pursuant to this authority, 
SPRACs may be awarded by HUD to Section 202 properties with original 
interest rates of 6 percent or less (financed prior to 1974), as part 
of a recaptialization to address the physical needs of the property. In 
FY 2012, $16 million was made available for SPRAC funding.
    On January 8, 2013, at 78 FR 1224, HUD published a proposed notice 
in the Federal Register that presented for public comment the proposed 
process by which HUD would award SPRACs, including the proposed 
application process, as well as the proposed eligibility and selection 
criteria. HUD solicited public comment for a period of 60 days. HUD 
reviewed and considered the public comments received in response to the 
January 8, 2013, notice, and HUD is developing the final notice that 
will announce the process by which HUD will award SPRACs.

II. This 60-Day Notice

Documents for Review and Comment

    Consistent with the Paperwork Reduction Act of 1995, this notice 
seeks comment, for a period of 60 days of four documents that HUD will 
use for the award of SPRACs.
1. Agreement To Enter Into a Senior Preservation Rental Assistance 
Contract--Part I (ASPRAC I)
    The ASPRAC I, including exhibits, which may be attached or 
incorporated by reference, comprises the entire agreement between the 
Owner and HUD with respect to the matters contained addressed in the 
ASPRAC I. The exhibits that are part of the ASPRAC I include: the 
Senior Preservation Rental Assistance Contract (SPRAC) to be executed 
upon prepayment of the Section 202 Direct Loan (Exhibit A); the 
schedule of completion in stages if applicable (the exhibit should 
identify the units in each stage) (Exhibit B); and the schedule of 
Davis-Bacon wages, if applicable (Exhibit C). The ASPRAC I provides for 
the inclusion of additional exhibits that may be necessary or 
appropriate.
    The ASPRAC I provides that neither party is bound by any 
representations or agreements of any kind except as contained in the 
ASPRAC I, any applicable regulations, and agreements entered into in 
writing by the parties which are consistent with this Agreement. The 
ASPRAC I further provides that nothing contained in the ASPRAC I shall 
create of affect any relationship between HUD and any contractors or 
subcontractors employed by the Owner in the completion of the project.
    The ASPRAC I requires the Owner to certify that the site of the 
project for which HUD is committing funds is either (1) without 
occupants eligible for relocation assistance under the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970 (URA), as amended; or (2) with occupants eligible for assistance 
the URA and Owner agrees to provide such assistance in accordance with 
URA and HUD requirements.
2. Agreement To Enter Into a Senior Preservation Rental Assistance 
Contract--Part II (ASPRAC II)
    The ASPRAC II contains the following areas that specify the Owner's 
agreement to undertake certain action, which include information and 
reporting requirements:
     Schedule of Completion, which addresses the timely 
commencement of work, the time for completion, and the possibility of 
delays, and the reporting requirements associated with commencement and 
completion of work.

[[Page 40160]]

     Marketing, which addresses the commencement and 
continuation of marketing of the project and notification requirements 
associated with the marketing.
     Execution of the SPRAC, which addresses the time of 
execution of the SPRAC, the completion of the various stages associated 
with work on the project; unleased units at the time of execution of 
the SPRAC, and HUD's examination of such units; leased units at the 
time of execution and HUD's examination of such units; and the amount 
of contract rents.
     Cooperation in Equal Opportunity Reviews, which addresses 
agreement by the Owner to cooperate with HUD in conducting monitoring 
and compliance reviews and complaint investigations;
     Compliance with standard federal laws related to 
federally-funded housing, which includes compliance with such laws the 
National Environmental Policy Act, Flood Disaster Protection Act, Clean 
Air Act and Water Pollution Control Act, Displacement and Relocation 
Assistance, Lead-Based Paint Poisoning Prevention Act, anti-lobbying 
requirements; and the Davis Bacon Act.
     Defaults by Owner, which addresses what constitutes a 
default by the Owner under the SPRAC, HUD's determination of default 
and corrective action that may be taken, including termination of the 
SPRA.
     Disputes, which provides that the Secretary of HUD or 
designee will resolve a dispute that may arise between the Owner and a 
HUD Field Office, which the latter two are unable to resolve.
     Assignment, Sale or Foreclosure, which addresses the 
Owner's agreement that it has not made or will not make any sale, 
assignment, or conveyance or transfer of the project without seeking 
and receiving the prior written consent of HUD.
     Prevention of Conflicts of Interest, which addresses the 
prohibition of the officers, directors, stockholders and unauthorized 
representatives of the Owner having a financial interest in any 
contract in connection with the rendition of services, the provision of 
goods or supplies, project management, procurement of furnishings or 
equipment, construction of the project, procurement of the site or 
other matters related to the development or operation of the project.
3. Senior Preservation Rental Assistance Contract--Part I (SPRAC I)
    The SPRAC I establishes the effective date, initial term, funding 
for the initial term of the SPRAC and renewal. The SPRAC requires the 
Owner to describe the project, to provide a statement of services 
maintenance and utilities to be provided by the Owner. The SPRAC also 
requires for the Owner to provide the following as exhibits to the 
SPRAC: (1) A schedule of SPRAC Units and SPRAC rents; (2) daily debt 
service; (3) an affirmative fair housing marketing plan; (4) the 
recorded Section 202 Use Agreement; and (5) the Agreement to Enter into 
a SPRAC.
4. Senior Preservation Rental Assistance Contract--Part II (SPRAC II)
    The SPRAC II establishes the agreed-upon responsibilities and 
obligations of the Owner, the Contact Administration and HUD. The SPRAC 
II identifies the HUD regulations with which all owners of HUD assisted 
housing must comply, and that includes the owner of a project assisted 
under SPRAC. The SPRAC II includes definitions that are applicable to 
SPRAC II but also SPRAC I. The SPRAC II reiterates the agreements 
contained in ASPRAC II, such as those pertaining to nondiscrimination, 
compliance reviews, the applicable property insurance such as property 
and liability insurance, flood insurance, assignment, sale, or 
foreclosure of the property, Davis-Bacon wage requirements, disputes, 
and conflicts of interest.
    The SPRAC II also specifies certain information collection and 
reporting requirements, which are directed solely to the SPRAC projects 
and these include the owner's agreement to: Maintain a written, 
chronological waiting list showing the name, race, gender, ethnicity 
and date of each person applying to reside in a SPRAC Unit at the 
subject project; establish a standard numeric threshold for the purpose 
of determining when it may be necessary to close the waiting list and 
temporarily cease accepting applications for SPRAC Units; furnishing a 
copy of its waiting list policies and procedures to HUD; furnishing to 
HUD, upon HUD's request, applications of admissions (including denial 
of admission); confirming all information provided on the application 
by the family applicants; preparing the HUD Lease between the families 
and the Owner in the form prescribed by HUD; submitting to the Contract 
Administrator, upon the Contract Administrator's request, a rent 
comparability study; submitting monthly requests to the Owner's 
Contract Administrator for SPRAC payments, and each month request must 
contain a certification by the Owner as to the accuracy and veracity of 
certain formation to the best of the Owner's knowledge; and submitting 
to the Contract Administrator within 90 days after the end of each 
fiscal year of the project, financial statements for the project that 
have been audited by an Independent Public Accountant in the form 
required by HUD.
    All four documents are available for review in their entirety at 
http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/mfh/presrv/presmfh/sprac_contracts.

Paperwork Reduction Act--Estimated Burden and Cost

    Under the Paperwork Reduction Act (44 U.S.C. 3501-3520) (PRA), 
federal agencies must obtain approval from the Office of Management and 
Budget (OMB) for each collection of information they conduct or 
sponsor. ``Collection of information'' is defined in 44 U.S.C. 3502(3) 
and 5 CFR 1320.3(c) and includes agency requests or requirements that 
members of the public submit reports, keep records, or provide 
information to a third party. Section 506(c)(2)(A) of the PRA (44 
U.S.C. 3506(c)(2)(A)) requires federal agencies to provide a 60-day 
notice in the Federal Register concerning each proposed collection of 
information before submitting the collection to OMB for approval.
    To comply with this requirement, HUD is publishing this notice of 
the proposed information and recordkeeping and reporting, as set forth 
in the four SPRAC documents.
1. Descriptive Information
    The Title of the Proposed Information Collection is Senior 
Preservation Rental Assistance Contracts.
    The Need for the Proposed Information Collection and Use is to 
ensure proper use of federal funds, compliance with applicable HUD and 
federal requirements, and to allow for HUD to monitor compliance with 
HUD and federal requirements.
    Agency Form Numbers N/A.
    Eligible Applicants are owners of Section 202 properties with 
original interest rates of 6 per cent or less (financed prior to 1974) 
when the property refinanced is to make capital repairs and the owner 
does not anticipate debt service savings from the refinance.
    Status of Proposed Information Collection is new.
2. Specific Issues for Comment
    With respect to the collection of information and reporting 
requirements in the four SPRAC documents, HUD invites comments on these 
topics:
    (1) Whether the proposed collection of information is necessary for 
the

[[Page 40161]]

proper performance of responsibilities under the SPRAC program, 
including whether the information will have practical utility;
    (2) The accuracy of HUD's estimate of the burden of the proposed 
collection of information, including the validity of the methodology 
and assumptions used;
    (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 
respondents, including through the use of automated collection 
techniques, when appropriate, and other forms of information 
technology.
    The public reporting burden for information collection and 
reporting requirements in the four SPRAC documents are 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:
3. Estimated Burden
    The estimated burden for the four SPRAC documents is as follows:

----------------------------------------------------------------------------------------------------------------
                                     Number of     Frequency of    Responses per   Burden hours    Annual burden
     Information collection         respondents      response          annum       per response        hours
----------------------------------------------------------------------------------------------------------------
ASPRAC I........................              20               1              20               1              20
ASPRAC II.......................              20               1              20               1              20
SPRAC I.........................              20               1              20               2              40
SPRAC II........................              20               1              20               2              40
                                 -------------------------------------------------------------------------------
    Totals......................              20               4              80               6             120
----------------------------------------------------------------------------------------------------------------


    Dated: June 27, 2013.
Laura M. Marin,
Acting General Deputy Assistant Secretary for Housing--Acting General 
Deputy Federal Housing Commissioner.
[FR Doc. 2013-16074 Filed 7-2-13; 8:45 am]
BILLING CODE 4210-67-P