Federal Housing Administration (FHA) Healthcare Facility Documents: Documents Eligible for Electronic Submission-30-Day Notice of Information Collection, 11114-11121 [2014-04237]
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Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / Notices
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1—Continued
Number of
responses per
respondent
Number of
respondents
21 CFR section
Average
burden per
response
Total annual
responses
Total hours
Total ..............................................................................
1 There
13,586
are no capital costs or operating and maintenance costs associated with this collection of information.
TABLE 2—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
Number of
disclosures
per
respondent
Number of
respondents
21 CFR section
202.1—Advertisements prepared in accordance with
§ 202.1 ..............................................................................
202.1(j)(1)—Including information about the drug’s fatalities or serious damage in the advertisement ...................
Average
burden per
disclosure
Total annual
disclosures
Total hours
541
46.5
25,157
400
10,062,800
1
1
1
40
40
Total ..............................................................................
1 There
are no capital costs or operating and maintenance costs associated with this collection of information.
Dated: February 24, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014–04262 Filed 2–26–14; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Substance Abuse and Mental Health
Services Administration Center for
Substance Abuse Prevention
Notice of Meeting
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10,062,840
Pursuant to Public Law 92–463,
notice is hereby given that the
Substance Abuse and Mental Health
Services Administration’s (SAMHSA)
Center for Substance Abuse Prevention
(CSAP) Drug Testing Advisory Board
(DTAB) will meet on March 17, 2014,
from 9:00 a.m. to 4:30 p.m., and March
18, 2014, from 9:00 a.m. to 2:00 p.m.
E.D.T. The DTAB will convene in both
open and closed sessions on these two
days.
On March 17, 2014, from 9:00 a.m. to
4:30 p.m., the meeting will be open to
the public and will include updates on
the previously announced DTAB
recommendations, the medical review
officer resources, the custody and
control form, the Federal Drug-Free
Workplace Programs, the National
Laboratory Certification Program, and
the Division of Workplace Programssponsored research studies. The meeting
also will include drug testing updates
from the Department of Transportation,
the Department of Defense, the Nuclear
Regulatory Commission, the Federal
Drug-Free Workplace Programs, and the
Drug Testing Index®.
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The public is invited to attend the
open session in person or to listen via
web conference. Due to the limited
seating space and call-in capacity,
registration is requested. Public
comments are welcome. To register,
make arrangements to attend, obtain the
web conference call-in numbers and
access codes, submit written or brief
oral comments, or request special
accommodations for persons with
disabilities, please register at the
SAMHSA Advisory Committees Web
site at https://nac.samhsa.gov/
Registration/meetingsRegistration.aspx
or contact the CSAP DTAB Designated
Federal Official, Dr. Janine Denis Cook
(see contact information below).
On March 18, 2014, from 9:00 a.m. to
2:00 p.m., the Board will meet in closed
session to discuss proposed revisions to
the Mandatory Guidelines for Federal
Workplace Drug Testing Programs.
Therefore, this meeting is closed to the
public as determined by the
Administrator, SAMHSA, in accordance
with 5 U.S.C. 552b(c)(9)(B) and 5 U.S.C.
App. 2, Section 10(d).
Meeting information and a roster of
DTAB members may be obtained by
accessing the SAMHSA Advisory
Committees Web site, https://
www.nac.samhsa.gov/DTAB/
meetings.aspx, or by contacting Dr.
Cook.
Committee Name: Substance Abuse
and Mental Health Services
Administration’s Center for Substance
Abuse Prevention Drug Testing
Advisory Board.
Dates/Time/Type: March 17, 2014,
from 9:00 a.m. to 4:30 p.m. E.D.T.:
OPEN; March 18, 2014, from 9:00 a.m.
to 2:00 p.m. E.D.T.: CLOSED.
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Place: Sugarloaf Conference Room,
SAMHSA Building, 1 Choke Cherry
Road, Rockville, Maryland 20850.
Contact: Janine Denis Cook, Ph.D.,
Designated Federal Official, CSAP Drug
Testing Advisory Board, 1 Choke Cherry
Road, Room 7–1043, Rockville,
Maryland 20857, Telephone: 240–276–
2600, Fax: 240–276–2610, Email:
janine.cook@samhsa.hhs.gov.
Cathy J. Friedman,
Public Health Analyst, Substance Abuse and
Mental Health Services Administration.
[FR Doc. 2014–04291 Filed 2–26–14; 8:45 am]
BILLING CODE 4162–20–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket Number FR- 5752–N–22]
Federal Housing Administration (FHA)
Healthcare Facility Documents:
Documents Eligible for Electronic
Submission—30-Day Notice of
Information Collection
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice.
AGENCY:
On March 14, 2013, HUD
published in the Federal Register a
notice that announced that FHA’s
healthcare facility documents
completed the notice and comment
processes under the Paperwork
Reduction Act of 1995 (PRA), and had
been assigned a control number, 2502–
0605, by the Office of Management and
Budget (OMB). The assignment of a
control number concluded a 10-month
process through which HUD solicited
SUMMARY:
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public comment to update 115
healthcare facility documents to reflect
current policy and practices, to improve
accountability by all parties involved in
FHA’s healthcare facility transactions
and strengthen risk management.
On September 10, 2013, HUD
published a notice in the Federal
Register that solicited, for a period of 60
days, public comment on this collection
solely on the issue of which healthcare
facility documents are eligible for
electronic submission. HUD did not
address this issue as part of the previous
notice and comment process, but
recognized the importance, efficiency,
and reduction of burden that electronic
submission of documents can achieve,
and solicited public comment on the
healthcare facility documents that HUD
had determined may be submitted, but
are not required to be submitted,
electronically.
In addition, in response to comments
received after March 14, 2013 by
participants in healthcare facility
transactions, HUD has made several
changes to one of the documents, the
Intercreditor Agreement, form HUD–
92322–ORCF.
This notice provides for and solicits
comment on the possibility of electronic
submission, changes made to the
Intercreditor Agreement and to the
entire proposed collection of
information. The entire collection
subject to this notice is available for
review at www.hud.gov/232forms.
The purpose of this notice is to allow
for an additional 30 days of public
comment.
DATES: Comment Due Date: March 31,
2014.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Patrick Fuchs, Office of Management
and Budget, New Executive Office
Building, Washington, DC 20503; fax:
202–395–5806. Email: OIRA_
Submission@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: John
M. Hartung, Director, Policy and Risk
Management Analysis, 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.
SUPPLEMENTARY INFORMATION:
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I. Background
A. 2012 PRA Process on Substance of
Healthcare Facility Documents
On May 3, 2012, at 77 FR 26304, and
consistent with the PRA, HUD
published a notice in the Federal
Register seeking public comment for a
period of 60 days (60-day Notice) on
HUD’s proposed update and revisions to
a set of production, underwriting, asset
management, closing, and other
documents used in connection with
transactions involving healthcare
facilities, excluding hospitals
(collectively, the healthcare facility
documents), that are insured pursuant
to section 232 of the National Housing
Act (Section 232). In conjunction with
publication of the 60-day Notice, the
proposed revised healthcare facility
documents (115 documents) were made
available at: www.hud.gov/232forms. In
addition to presenting unmarked
versions of the documents, this Web
site, to the extent applicable, presented
the proposed healthcare facility
documents as a redline/strikeout against
the updated multifamily rental project
closing documents to highlight the
changes made to facilitate a healthcare
transaction. Where the proposed
healthcare facility documents were
based on existing healthcare facility
documents, the proposed healthcare
facility documents, in addition to being
presented in an unmarked format, were
presented in redline/strikeout format so
that reviewers could see the changes
proposed to the existing healthcare
facility documents.1
As a special outreach to the public on
proposed changes to the healthcare
facility documents and Section 232
program regulations, HUD hosted a
forum on May 31, 2012, in Washington,
DC. (See https://portal.hud.gov/
hudportal/HUD?src=/press/multimedia/
videos.) While comments were raised
and discussed at the forum, HUD
encouraged forum participants to file
written comments through the
www.regulations.gov Web site so that all
comments would be more easily
accessible to interested parties. All
comments, whether submitted through
www.regulations.gov or raised at the
forum, were considered in the
development of the revised documents
which were published on November 21,
1 Along with the 60-day Notice, HUD published
in the Federal Register on May 3, 2012, at 77 FR
26218, a proposed rule that proposed to strengthen
regulations for HUD’s Section 232 program to
reflect current policy and practices, and to improve
accountability and strengthen risk management. A
final rule following the May 3, 2012, proposed rule,
and taking into consideration public comment
received on the proposed rule, was published on
September 7, 2012, at 77 FR 55120.
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2012 (77 FR 69870), and for which,
consistent with the PRA, comment was
solicited for an additional 30 days (30day Notice).
In the 30-day Notice, HUD identified
substantive changes that were made to
the healthcare facility documents in
response to public comments submitted
on the 60-day Notice, responded to
significant issues raised by the
commenters, and identified proposed
additional changes based on further
consideration of certain issues. As was
the case with the 60-day Notice, HUD
posted on its Web site the further
revised healthcare facility documents in
(1) a clean format, and (2) in redline/
strikeout format, to show the changes
made from the versions posted with
issuance of the 60-day Notice.
On March 14, 2013, at 78 FR 16279,
HUD published in the Federal Register
a notice that announced the approval of
the healthcare facility documents under
the PRA and the assignment of a control
number, 2502–0605, by OMB. In
addition to announcing the assignment
of an OMB control number, HUD
advised in the March 14, 2013, notice
that additional changes were made to
the healthcare facility documents in
response to comments submitted on the
30-day Notice. In the March 14, 2013,
notice, HUD highlighted additional
changes made to the healthcare facility
documents, and once again, provided on
HUD’s Web site at www.hud.gov/
232forms, the final versions of the
documents in clean and redline/
strikeout formats so that reviewers
could see the final changes made to the
documents and the clean final versions
of the documents.
B. 2013 PRA Process on Eligibility of
Electronic Submission
On September 10, 2013, at 78 FR
55282, HUD published in the Federal
Register a notice solely seeking
comment on the issue of which
healthcare facility documents may be
submitted electronically. Questions
arose on this issue after conclusion of
the 2012 PRA process.
In the September 10, 2013, notice,
HUD advised that consistent with
current practice, HUD requires
applications for mortgage insurance to
be submitted electronically, and that
therefore any healthcare facility
documents submitted as part of an
application for mortgage insurance must
be submitted electronically. Of the other
healthcare facility documents, HUD
identified 13 documents that must be
submitted with original signatures, in
hard copy format. These documents are
the following: Healthcare Regulatory
Agreement—Borrower (HUD–92466–
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ORCF); Healthcare Regulatory
Agreement—Operator (HUD–92466A–
ORCF); Management Certification—
Residential Care Facility (HUD–9839–
ORCF); Lender Certification (HUD–
92434–ORCF); Offsite Bond—Dual
Obligee (HUD–92479–ORCF);
Performance Bond—Dual Obligee
(HUD–92452–ORCF); Payment Bond
(HUD–92452A–ORCF); Request for
Endorsement (HUD–92455–ORCF);
Request for Final Endorsement (HUD–
92023–ORCF); Guide for Opinion for
Master Tenant’s Counsel (HUD–92335–
ORCF); Healthcare Regulatory
Agreement—Master Tenant (HUD–
92337–ORCF); Guide for Opinion of
Borrower’s Counsel (HUD–91725–
ORCF); and Guide for Opinion of
Operator’s Counsel and Certification
(HUD–92325–ORCF). For any of the
remaining healthcare facility documents
(which must be submitted
electronically) or the listed 13
documents (which must be submitted in
hard copy), the September 10, 2013,
notice advised that HUD neither
requires nor prohibits that any of the
remaining documents be submitted
electronically. Electronic submission is
an option.
In the 2012 PRA process, HUD’s 30day Notice, HUD listed in a table all the
documents for which approval under
the PRA was sought and provided the
burden hours and costs calculated for
preparation of and submission of each
of documents and provided a total
aggregate annual cost of $4,393,301.
(See 77FR 69887–69889). This table,
revised with updated information on
burden hours and costs, is included at
the end of this notice.
In the September 10, 2013, notice,
HUD included the table below, which
provides a breakdown of the estimated
costs involved in hard copy preparation
and shipping, and estimates a $450,000
annual savings in costs if documents are
submitted electronically rather than in
hard copy.
Item
Cost per item
Costs
Printing by Lender .......................................................................
Lender Box Preparation ..............................................................
Shipping by Lender to HUD in Field ...........................................
HUD processing preparation (Field and HQ) .............................
Shipping by HUD Field to HQ ....................................................
Total ............................................................................................
Estimated # Boxes per project ...................................................
Estimated # of projects per year ................................................
1,500 pages at $.04 per page ...................................................
$50 per hour and two hours per box .........................................
1–40 lb. box ...............................................................................
$50 per hour and 1 hour per box ..............................................
1–40 lb. box ...............................................................................
....................................................................................................
3 .................................................................................................
600 .............................................................................................
$60.00
100.00
20.00
50.00
20.00
1 250.00
........................
........................
Total Annual Costs ..............................................................
(# of boxes × # of projects × cost per box) ...............................
450,000.00
1 Per
box.
C. Summary of Changes to the
Intercreditor Agreement—Section 232
(HUD 92322–ORCF).
Because of a substantial number of
comments from participants in
healthcare facility programs after the
conclusion of the 2012 PRA process,
HUD has revised the Intercreditor
Agreement (form HUD–92322). A
redline/strikeout showing each
proposed change in the revised
Intercreditor Agreement is available at
www.hud.gov/232forms. The significant
changes, however, can be summarized
as follows:
(1) AR Loan Obligations
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The definition of what constitutes an
AR Loan Obligation was revised. In this
regard, instead of delineating particular
forms of indebtedness, liabilities, and
obligations that must be excluded and
may not constitute AR Loan Obligations,
the revised definition takes a broader
approach, requiring AR Loan
Obligations to be directly related to the
benefit of the Facility.
(2) Cut-Off Time & Ceased Funding
‘‘Cut-Off Time’’ is when HUD will no
longer subordinate its interest in the
accounts receivable of the operator. The
events that trigger a Cut-Off Time were
clarified. Specifically, rather than allow
any defaults to trigger a Cut-Off Time,
the revised document introduces the
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defined term ‘‘Ceased Funding’’ in order
to clarify that only defaults of the AR
Loan resulting in the AR Lender ceasing
to fund trigger a Cut-Off Time.
(3) Notices and Consent Rights
Clarifications were made to HUD and
FHA Lender’s notice and consent rights
to address specifically certain
potentially troubling scenarios. The
revised document clarifies that AR
‘‘over-line’’ advances (over the agreed
maximum commitment amount) require
prior written consent by FHA Lender
and HUD, but that, within some agreedupon limits, advances within the
maximum commitment amount (but
over the borrowing base formula) only
require notice not consent.
Clarifications were also made to the
provision setting forth what
modifications can be made to the AR
Loan documents without FHA Lender or
HUD consent.
D. Summary of Comments Solicited
HUD received no comments in
response to the Federal Register Notice
published on September 10, 2013. In
accordance with 5 CFR 1320.8(d)(1),
HUD is soliciting, for an additional 30
days, comments from members of the
public and interested parties on:
(1) Whether the documents identified
by HUD for originally signed, hard copy
submission are necessary in such format
for proper performance of the
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transactions in which the documents are
used;
(2) Whether any of the documents not
identified as necessary for originally
signed, hard copy submission should be
submitted only in originally signed,
hard copy;
(3) The accuracy of the agency’s
estimate of the reduced burden and
reduced costs for submission of
documents electronically;
(4) Whether electronic submission of
application documents enhances the
utility and efficiency of the transactions
in which the documents are used;
(5) Whether electronic submission of
other documents enhances the utility
and efficiency of the transactions in
which the documents are used;
(6) Additional ways, through
information technology, to minimize the
burden of the collection of information
on those who are to respond;
(7) Whether the agency’s estimate of
the burden of the proposed collection of
information is accurate;
(8) Whether the proposed collection
of information enhances the utility and
efficiency of the transactions in which
the documents are used; and
(9) Whether the proposed changes to
the Intercreditor Agreement enhance the
utility and efficiency of the transactions
for which the document is used.
A list of the entire document
collection is provided below.
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Production Certifications:
HUD–90012–ORCF ..............
HUD–90013–ORCF ..............
HUD–9444–ORCF ................
HUD–90011–ORCF ..............
HUD–90010–ORCF ..............
HUD–9009–ORCF ................
HUD–90025a–ORCF ............
HUD–90025–ORCF ..............
HUD–9008–ORCF ................
HUD–9007a–ORCF ..............
HUD–9007–ORCF ................
HUD–9006–ORCF ................
HUD–9005a–ORCF ..............
HUD–9005–ORCF ................
HUD–9002–ORCF ................
HUD–9003–ORCF ................
HUD–9004–ORCF ................
HUD–9001i–ORCF ...............
HUD–9001h–ORCF ..............
HUD–9001g–ORCF ..............
HUD–9001f–ORCF ...............
HUD–9001e–ORCF ..............
HUD–9001d–ORCF ..............
HUD–9001c–ORCF ..............
Lender Narratives:
HUD–9001–ORCF ................
HUD–9001a–ORCF ..............
HUD–9001b–ORCF ..............
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Consolidated Certification—Lender ..............
Consolidated Certification—Borrower ...........
Lender Narrative 223a7—Main .....................
Lender Narrative 223a7–Addenda–PCNA ....
Lender Narrative 223a7.223d.232i–Addendum—ALTA/ACSM Land Title Survey.
Lender Narrative 223a7–Addendum–Environmental.
Lender Narrative 223a7–Addendum—Other
Existing Eligible Indebtedness.
Lender Narrative 223a7.223d.232i–Addendum–Principal of Borrower.
Lender Narrative 223a7.223d.232i–Addendum–Operator.
Lender Narrative 223a7.223d.232i–Addendum–Management Agent.
Lender Narrative 223a7.223d.232i–Addendum–Transfer of Physical Assets.
Lender Narrative 223a7.223d.232i–Addendum–AR Financing.
Lender Narrative 223f ...................................
Lender Narrative 241a ..................................
Lender Narrative—New Construction—Single Stage.
Lender Narrative—New Construction—2
Stage Initial Submittal.
Lender Narrative—New Construction—2
Stage Final Submittal.
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—Single
Stage.
Lender
Narrative—Blended
Rate—2
Stage—Initial Submittal.
Lender
Narrative—Blended
Rate—2
Stage—Final Submittal.
Lender Narrative 232(i)—Fire Safety Equipment Installation, without Existing HUD Insured Mortgage.
Lender Narrative 232(i)—Fire Safety Equipment Installation, with Existing HUD Insured Mortgage.
Lender Narrative 223(d)—Operating Loss
Loan.
Lender Narrative Cost Certification Supplement.
Form name
30
77
2
1
5
5
4
4
4
4
4
4
10
10
30
4
10
30
30
12
20
30
30
30
30
30
30
Number of
respondents
2.5
1
2
2
2
2
1
1
1
1
1
1
2
2
7.5
1
2
2.5
2.5
2.5
2.5
2.5
2.5
2.5
2.5
2.5
2.5
Frequency
of response
75
77
4
2
10
10
4
4
4
4
4
4
20
20
225
4
20
75
75
30
50
75
75
75
75
75
75
Response
per annum
1.00
1.00
15.00
15.00
15.00
15.00
70.00
70.00
70.00
70.00
70.00
93.00
53.00
63.00
70.00
73.00
87.00
0.50
0.50
0.50
0.50
0.50
0.50
0.50
22.00
1.50
0.50
Average
burden per
hour per
response
75
77
60
30
150
150
280
280
280
280
280
372
1,060
1,260
15,750
292
1,740
37.5
37.5
15
25
37.5
37.5
37.5
1,650
112.5
37.5
Annual
burden hours
67
75
75
62
62
62
75
75
62
75
75
75
75
75
75
75
75
75
75
75
75
75
75
75
$75
75
75
Average
hourly
cost per
response
5,025
5,775
4,500
1,860
9,300
9,300
21,000
21,000
17,360
21,000
21,000
27,900
79,500
94,500
1,181,250
21,900
130,500
2,813
2,813
1,125
1,875
2,813
2,813
2,813
$123,750
8,438
2,813
Annual cost
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HUD–92576A–ORCF ...........
HUD–90024–ORCF ..............
HUD–91126–ORCF ..............
HUD–91116–ORCF ..............
HUD–92479–ORCF ..............
HUD–92452–ORCF ..............
HUD–92452A–ORCF ...........
HUD–92455–ORCF ..............
HUD–92023–ORCF ..............
HUD–92412–ORCF ..............
HUD–91125–ORCF ..............
Additional ORCF Documents:
HUD–91708–ORCF ..............
HUD–92456–ORCF ..............
HUD–93305–ORCF ..............
HUD–92441–ORCF ..............
HUD–92441a–ORCF ............
HUD–92450–ORCF ..............
HUD–92442–ORCF ..............
HUD–92554–ORCF ..............
HUD–92415–ORCF ..............
HUD–9442–ORCF ................
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HUD–92408–ORCF ..............
HUD–95379–ORCF ..............
HUD–91129–ORCF ..............
HUD–91124–ORCF ..............
HUD–91127–ORCF ..............
HUD–92434–ORCF ..............
HUD–91130–ORCF ..............
Construction Documents:
HUD–91123–ORCF ..............
HUD–90018–ORCF ..............
HUD–90019–ORCF ..............
HUD–90022–ORCF ..............
HUD–9445–ORCF ................
HUD–91118–ORCF ..............
HUD–90017–ORCF ..............
HUD–90015–ORCF ..............
HUD–90016–ORCF ..............
HUD–90014–ORCF ..............
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Agreement for Payment of Real Property
Taxes.
Certificate of Need for Health Facility ...........
Contact Sheet ...............................................
Financial Statement Certification ..................
Addendum to Operating Lease .....................
Design Professional’s Certification of Liability Insurance.
Design Architect Certification ........................
Financial Statement Certification—General
Contractor.
HUD Amendment to B108 ............................
HUD Representative’s Trip Report ...............
Lender Certification for New Construction
Cost Certifications.
Memo for Post-Commitment Early Start of
Construction Request.
Request for Permission to Commence Construction Prior to Initial Endorsement for
Mortgage Insurance (Post-Commitment
Early Start of Construction).
Agreement and Certification .........................
Building Loan Agreement ..............................
Building Loan Agreement Supplemental ......
Completion Assurance ..................................
Construction Contract ...................................
Supplementary Conditions of the Contract
for Construction.
Escrow Agreement for Incomplete Construction.
Offsite Bond—Dual Obligee ..........................
Performance Bond—Dual Obligee ................
Payment Bond ...............................................
Request for Endorsement .............................
Request for Final Endorsement ....................
Working Capital Escrow ................................
Staffing Schedule ..........................................
Consolidated Certification—Principal of the
Borrower.
Consolidated Certification—Operator ...........
Consolidated Certification—Parent of Operator.
Consolidated
Certification—Management
Agent.
Consolidated Certification—Contractors .......
Auditor Certification .......................................
Certification for Electronic Submittal .............
Certification of Outstanding Obligations .......
Borrower’s Certification—Completion of Critical Repairs.
Lender Certification .......................................
Building Code Certification ............................
Form name
3
35
150
30
1
5
5
5
10
10
10
30
3
10
10
10
10
10
10
3
3
26
26
10
26
26
26
35
26
4
3
35
35
240
35
35
35
38
Number of
respondents
2
10
7
6.5
1
3
5.2
5.2
5.2
5.2
5.2
5.83
2
5.2
5.2
5.2
5.2
5.2
5.2
2
2
2
28
5.2
2
2
2
10
2
1
1
10
10
1
2
2
2
2
Frequency
of response
6
350
1,050
195
1
15
26
26
52
52
52
174.9
6
52
52
52
52
52
52
6
6
52
728
52
52
52
52
350
52
4
3
350
350
240
70
70
70
76
Response
per annum
0.50
1.00
0.50
0.50
1.00
0.50
0.50
0.50
1.00
1.00
0.50
1.00
0.50
0.50
1.00
1.00
0.50
1.00
0.50
0.50
1.00
0.50
1.00
3.00
0.50
0.50
0.50
1.00
0.50
1.50
0.50
0.50
1.00
0.50
1.00
1.00
1.00
1.00
Average
burden per
hour per
response
3
350
525
97.5
1
7.5
13
13
52
52
26
174.9
3
26
52
52
26
52
26
3
6
26
728
156
26
26
26
350
26
6
1.5
175
350
120
70
70
70
76
Annual
burden hours
83
67
67
217
83
75
217
75
75
75
75
62
75
75
75
75
75
75
217
83
75
75
75
75
83
67
83
75
83
75
67
67
83
75
75
75
75
75
Average
hourly
cost per
response
249
23,450
35,175
21,158
83
563
2,821
975
3,900
3,900
1,950
10,844
225
1,950
3,900
3,900
1,950
3,900
5,642
249
450
1,950
54,600
11,700
2,158
1,742
2,158
26,250
2,158
450
101
11,725
29,050
9,000
5,250
5,250
5,250
5,700
Annual cost
11118
Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / Notices
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..............
..............
..............
..............
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27FEN1
HUD–93480–ORCF ..............
HUD–93481–ORCF ..............
Accounts Receivable Documents:
HUD–92417–ORCF ..............
HUD–93479–ORCF ..............
HUD–93486–ORCF ..............
HUD–9250–ORCF ................
HUD–9250A–ORCF .............
HUD–92228–ORCF ..............
HUD–92117–ORCF ..............
HUD–93333–ORCF ..............
HUD–93332–ORCF ..............
Asset
Management
Documents:
HUD–92266–ORCF ..............
HUD–92476B–ORCF ...........
HUD–92464–ORCF ..............
HUD–92414–ORCF ..............
HUD–9443–ORCF ................
HUD–92476–ORCF ..............
HUD–92420–ORCF ..............
HUD–92223–ORCF ..............
HUD–2205A–ORCF .............
HUD–92323–ORCF ..............
Escrow Documents:
HUD–91128–ORCF ..............
HUD–94000–ORCF
HUD–92070–ORCF
HUD–94001–ORCF
HUD–91710–ORCF
HUD–92466A–ORCF ...........
HUD–92466–ORCF ..............
HUD–9839–ORCF ................
HUD–91112–ORCF ..............
HUD–91111–ORCF ..............
HUD–91110–ORCF ..............
HUD–941–ORCF ..................
HUD–92264a–ORCF ............
HUD–2–ORCF ......................
HUD–91119–ORCF ..............
mstockstill on DSK4VPTVN1PROD with NOTICES
Application for Transfer of Physical Assets
(TPA).
Certification of Exigent Health & Safety
(EH&S) Issues.
Certification Physical Condition in Compliance.
Computation of Surplus Cash .......................
Funds Authorizations ....................................
Borrower Certification and Request Detail ...
Model Form Bill of Sale and Assignment .....
Borrower’s
Certification—Completion
of
Non-Critical Repairs.
Personal Financial and Credit Statement .....
Schedule A—Monthly Report for Establishing Net Income.
Schedule B—Schedule of Disbursements ....
Schedule C—Schedule of Accounts Payable
Initial Operating Deficit Escrow Calculation
Template.
Latent Defects Escrow ..................................
Minor Moveable Escrow ................................
Escrow Agreement Noncritical Deferred Repairs.
Escrow Agreement for Operating Deficits ....
Request Approval Advance of Escrow
Funds.
Lenders FHA Number Request Form ...........
Maximum Insurable Loan Calculation ...........
Request for Waiver of Housing Directive .....
Schedule of Facilities Owned Operated or
Managed.
Subordination,
Non-Disturbance
and
Attornment Agreement of Operating Lease
(SNDA).
Survey Instructions and Borrower’s Certification.
Request of Overpayment of Firm Application
Exam Fee.
Management Certification—Residential Care
Facility.
Healthcare Regulatory Agreement—Borrower.
Healthcare Regulatory Agreement—Operator.
Security Instrument/Mortgage/Deed of Trust
Lease Addendum ..........................................
Healthcare Facility Note ................................
Residual Receipts Note—Non Profit Mortgagor.
Subordination Agreement—Financing ..........
Surplus Cash Note ........................................
Borrower’s Certificate of Actual Cost ............
Operator Security Agreement .......................
60
60
175
60
70
500
15
20
250
208
456
25
12
35
20
26
20
11
7
7
30
30
35
2
35
5
10
35
5
15
180
30
30
30
20
35
12
12
6
2
1
5.6
2
2
2
1
1
2
4.8
15
12
2
12
5
2
2
7.5
6.5
10
1
10
2
2
10
1
5.13
1.5
11.7
11.7
11.7
8
10
720
720
1050
120
70
2800
30
40
500
208
456
50
57.6
525
240
52
240
55
14
14
225
195
350
2
350
10
20
350
5
76.95
270
351
351
351
160
350
1.00
1.00
3.50
1.00
0.50
1.00
1.00
0.50
0.50
0.50
1.00
1.00
0.50
1.00
0.50
1.00
0.50
1.50
0.50
0.50
3.50
1.00
0.50
0.50
1.00
0.50
0.50
0.50
0.50
0.50
0.50
0.50
0.50
2.00
1.00
1.50
720
720
3675
120
35
2800
30
20
250
104
456
50
28.8
525
120
52
120
82.5
7
7
787.5
195
175
1
350
5
10
175
2.5
38.475
135
175.5
175.5
702
160
525
75
75
83
75
62
75
75
83
75
83
75
83
75
75
75
83
75
83
217
75
75
200
217
217
75
75
217
217
75
67
83
233
62
83
75
75
54,000
54,000
305,025
9,000
2,170
210,000
2,250
1,660
18,750
8,632
34,200
4,150
2,160
39,375
9,000
4,316
9,000
6,848
1,519
525
59,063
39,000
37,975
217
26,250
375
2,170
37,975
188
2,578
11,205
40,892
10,881
58,266
12,000
39,375
Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / Notices
11119
VerDate Mar<15>2010
17:58 Feb 26, 2014
Jkt 232001
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Fmt 4703
TOTALS ........................
HUD–91725–ORCF ..............
HUD–92325–ORCF ..............
HUD–91725–CERT–ORCF ..
HUD–92339–ORCF ..............
HUD–92340–ORCF ..............
Additional Legal Documents:
HUD–91117–ORCF ..............
HUD–91725–INST–ORCF ...
HUD–92337–ORCF ..............
Master Lease Documents:
HUD–92211–ORCF ..............
HUD–92331–ORCF ..............
HUD–92333–ORCF ..............
HUD–92335–ORCF ..............
HUD–90020–ORCF ..............
HUD–92322–ORCF ..............
New form No.
mstockstill on DSK4VPTVN1PROD with NOTICES
........................................................................
Operator Estoppel Certificate ........................
Instructions to Guide for Opinion of Borrower’s and Operator’s Counsel.
Exhibit A to Opinion of Borrower’s Counsel—Certification.
Guide for Opinion of Borrower’s Counsel .....
Guide for Opinion of Operator’s Counsel
and Certification.
Master Lease Addendum ..............................
Cross-Default Guaranty of Subtenants .........
Master Lease SNDA .....................................
Guide for Opinion of Master Tenant’s Counsel.
Healthcare Regulatory Agreement—Master
Tenant.
Master Lease Estoppel Agreement ..............
Master Tenant Security Agreement ..............
A/R Financing Certification ...........................
Intercreditor Agreement (for AR Financed
Projects).
Form name
4,568
35
30
35
100
35
30
30
30
5
30
30
30
50
30
Number of
respondents
539
10
6.5
10
2
10
5.83
5.83
5.83
5
5.83
5.83
5.83
3
5
Frequency
of response
20,322
350
195
350
200
350
175
175
175
25
175
175
175
150
150
Response
per annum
8.30
2.00
1.50
0.50
0.50
0.00
0.50
1.00
0.50
1.00
1.00
0.50
1.00
0.50
1.50
Average
burden per
hour per
response
44,221
700
292.5
175
100
0
87.45
174.9
87.45
25
174.9
87.45
174.9
75
225
Annual
burden hours
105
217
200
217
275
217
217
217
217
217
217
217
217
217
200
Average
hourly
cost per
response
3,794,809
151,900
58,500
37,975
27,500
0
18,977
37,953
18,977
5,425
37,953
18,977
37,953
16,275
45,000
Annual cost
11120
Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / Notices
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27FEN1
Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / Notices
Comments must be received by March
31, 2014. Comments must refer to the
proposal by name and docket number
(FR–5623–N–05) and interested persons
are invited to submit comments
regarding this proposal. Comments
should refer to the proposal by name
and/or OMB Control Number and
should be sent to: Patrick Fuchs, Office
of Management and Budget, New
Executive Office Building, Washington,
DC 20503; fax: 202–395–5806. Email:
OIRA_Submission@omb.eop.gov.
HUD Desk Officer,
Office of Management and Budget,
New Executive Office Building,
Washington, DC 20503,
Fax number: (202) 395–6947
and
Colette Pollard,
Office of the Chief Information Officer,
Department of Housing and Urban
Development,
451 Seventh Street SW.,
Room 4178,
Washington, DC 20410.
Dated: February 20, 2014.
Colette Pollard,
Department Reports Management Officer—
Office of the Chief Information Officer.
[FR Doc. 2014–04237 Filed 2–26–14; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–HQ–MB–2014–N034: FF09M21200–
134–FXMB1231099BPP0]
Information Collection Request Sent to
the Office of Management and Budget
(OMB) for Approval; Federal Fish and
Wildlife Permit Applications and
Reports—Migratory Birds and Eagles
Fish and Wildlife Service,
Interior.
ACTION: Notice; request for comments.
AGENCY:
We (U.S. Fish and Wildlife
Service) have sent an Information
Collection Request (ICR) to OMB for
review and approval. We summarize the
ICR below and describe the nature of the
collection and the estimated burden and
cost. This information collection is
scheduled to expire on February 28,
2014. We may not conduct or sponsor
and a person is not required to respond
to a collection of information unless it
displays a currently valid OMB control
number. However, under OMB
regulations, we may continue to
conduct or sponsor this information
collection while it is pending at OMB.
DATES: You must submit comments on
or before March 31, 2014.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:58 Feb 26, 2014
Jkt 232001
Send your comments and
suggestions on this information
collection to the Desk Officer for the
Department of the Interior at OMB–
OIRA at (202) 395–5806 (fax) or OIRA_
Submission@omb.eop.gov (email).
Please provide a copy of your comments
to the Service Information Collection
Clearance Officer, U.S. Fish and
Wildlife Service, MS 2042–PDM, 4401
North Fairfax Drive, Arlington, VA
22203 (mail), or hope_grey@fws.gov
(email). Please include ‘‘1018–0022’’ in
the subject line of your comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Hope Grey at hope_
grey@fws.gov (email) or 703–358–2482
(telephone). You may review the ICR
online at https://www.reginfo.gov. Follow
the instructions to review Department of
the Interior collections under review by
OMB.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Information Collection Request
OMB Control Number: 1018–0022.
Title: Federal Fish and Wildlife
License/Permit Applications and
Reports, Migratory Birds and Eagles, 50
CFR 10, 13, 21, and 22.
Service Form Numbers: 3–200–6
through 3–200–9, 3–200–10a through 3–
200–10f, 3–200–12 through 3–200–16,
3–200–18, 3–200–67, 3–200–68, 3–200–
71, 3–200–72, 3–200–77, 3–200–78, 3–
200–79, 3–200–81, 3–200–82, 3–202–1
through 3–202–17, 3–186, and 3–186A.
Type of Request: Revision of a
currently approved collection.
Description of Respondents:
Individuals; zoological parks; museums;
universities; scientists; taxidermists;
businesses; utilities; and Federal, State,
tribal, and local governments.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: On occasion
for applications; annually or on
occasion for reports.
Estimated Number of Annual
Responses: 61,623.
Estimated Completion Time per
Response: Varies from 15 minutes to
452 hours, depending on activity.
Estimated Annual Burden Hours:
106,661.
Estimated Annual Nonhour Burden
Cost: $1,520,525 for permit application
fees.
Abstract: Our Regional Migratory Bird
Permit Offices use information that we
collect on permit applications to
determine the eligibility of applicants
for permits requested in accordance
with the criteria in various Federal
wildlife conservation laws and
international treaties, including:
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
11121
(1) Migratory Bird Treaty Act (16
U.S.C. 703 et seq.).
(2) Lacey Act (16 U.S.C. 3371 et seq.).
(3) Bald and Golden Eagle Protection
Act (16 U.S.C. 668).
Service regulations implementing
these statutes and treaties are in chapter
I, subchapter B of title 50 of the Code
of Federal Regulations (CFR). These
regulations stipulate general and
specific requirements that, when met,
allow us to issue permits to authorize
activities that are otherwise prohibited.
All Service permit applications are in
the 3–200 series of forms, each tailored
to a specific activity based on the
requirements for specific types of
permits. We collect standard identifier
information for all permits. The
information that we collect on
applications and reports is the
minimum necessary for us to determine
if the applicant meets/continues to meet
issuance requirements for the particular
activity.
This ICR also includes the burden for
permit applications and report forms for
long-term eagle take permits that is
currently approved under OMB Control
Number 1018–0151. Once OMB takes
action on this IC, we will discontinue
OMB Control No. 1018–0151.
Comments Received and Our Responses
On November 13, 2013, we published
in the Federal Register (78 FR 68086) a
notice of our intent to request that OMB
renew approval for this information
collection. In that notice, we solicited
comments for 60 days, ending on
January 13, 2014. We received one
comment from the American Bird
Conservancy (ABC).
The commenter stressed that while
‘‘there are ways that the quality, utility
and clarity of the information to be
collected can be enhanced and ways
that a system can be streamlined to
minimize burden of the collection of
information on respondents. . .,’’ he
emphasized that ‘‘the minimum amount
of information to be collected must
allow the USFWS to make a valid
determination that the proposed action
is permissible under the law.
Information regarding impact on wild
populations, proposed use of the
specimens, and explanations of
necessary mitigation/compensation,
when required are thus critical for
allowing the USFWS to do its important
job of protecting our public trust
resources for the benefit of all.’’
We appreciate ABC’s comments
because they recognize the importance
of collecting sufficient information from
applicants and permittees to ensure that
the applicant qualifies for the permit,
that issuance of the permit meets
E:\FR\FM\27FEN1.SGM
27FEN1
]]>Agencies
[Federal Register Volume 79, Number 39 (Thursday, February 27, 2014)]
[Notices]
[Pages 11114-11121]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04237]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket Number FR- 5752-N-22]
Federal Housing Administration (FHA) Healthcare Facility
Documents: Documents Eligible for Electronic Submission--30-Day Notice
of Information Collection
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On March 14, 2013, HUD published in the Federal Register a
notice that announced that FHA's healthcare facility documents
completed the notice and comment processes under the Paperwork
Reduction Act of 1995 (PRA), and had been assigned a control number,
2502-0605, by the Office of Management and Budget (OMB). The assignment
of a control number concluded a 10-month process through which HUD
solicited
[[Page 11115]]
public comment to update 115 healthcare facility documents to reflect
current policy and practices, to improve accountability by all parties
involved in FHA's healthcare facility transactions and strengthen risk
management.
On September 10, 2013, HUD published a notice in the Federal
Register that solicited, for a period of 60 days, public comment on
this collection solely on the issue of which healthcare facility
documents are eligible for electronic submission. HUD did not address
this issue as part of the previous notice and comment process, but
recognized the importance, efficiency, and reduction of burden that
electronic submission of documents can achieve, and solicited public
comment on the healthcare facility documents that HUD had determined
may be submitted, but are not required to be submitted, electronically.
In addition, in response to comments received after March 14, 2013
by participants in healthcare facility transactions, HUD has made
several changes to one of the documents, the Intercreditor Agreement,
form HUD-92322-ORCF.
This notice provides for and solicits comment on the possibility of
electronic submission, changes made to the Intercreditor Agreement and
to the entire proposed collection of information. The entire collection
subject to this notice is available for review at www.hud.gov/232forms.
The purpose of this notice is to allow for an additional 30 days of
public comment.
DATES: Comment Due Date: March 31, 2014.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposal. Comments should refer to the proposal by name and/or OMB
Control Number and should be sent to: Patrick Fuchs, Office of
Management and Budget, New Executive Office Building, Washington, DC
20503; fax: 202-395-5806. Email: OIRA_Submission@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: John M. Hartung, Director, Policy and
Risk Management Analysis, Office of Residential Care Facilities, Office
of Healthcare Programs, Office of Housing, U.S. Department of Housing
and Urban Development, 1222 Spruce Street, Room 3.203, St. Louis, MO
63103-2836; telephone (314) 418-5238 (this is not a toll-free number).
Persons with hearing or speech disabilities may access this number
through TTY by calling the toll-free Federal Relay Service at (800)
877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
A. 2012 PRA Process on Substance of Healthcare Facility Documents
On May 3, 2012, at 77 FR 26304, and consistent with the PRA, HUD
published a notice in the Federal Register seeking public comment for a
period of 60 days (60-day Notice) on HUD's proposed update and
revisions to a set of production, underwriting, asset management,
closing, and other documents used in connection with transactions
involving healthcare facilities, excluding hospitals (collectively, the
healthcare facility documents), that are insured pursuant to section
232 of the National Housing Act (Section 232). In conjunction with
publication of the 60-day Notice, the proposed revised healthcare
facility documents (115 documents) were made available at: www.hud.gov/232forms. In addition to presenting unmarked versions of the documents,
this Web site, to the extent applicable, presented the proposed
healthcare facility documents as a redline/strikeout against the
updated multifamily rental project closing documents to highlight the
changes made to facilitate a healthcare transaction. Where the proposed
healthcare facility documents were based on existing healthcare
facility documents, the proposed healthcare facility documents, in
addition to being presented in an unmarked format, were presented in
redline/strikeout format so that reviewers could see the changes
proposed to the existing healthcare facility documents.\1\
---------------------------------------------------------------------------
\1\ Along with the 60-day Notice, HUD published in the Federal
Register on May 3, 2012, at 77 FR 26218, a proposed rule that
proposed to strengthen regulations for HUD's Section 232 program to
reflect current policy and practices, and to improve accountability
and strengthen risk management. A final rule following the May 3,
2012, proposed rule, and taking into consideration public comment
received on the proposed rule, was published on September 7, 2012,
at 77 FR 55120.
---------------------------------------------------------------------------
As a special outreach to the public on proposed changes to the
healthcare facility documents and Section 232 program regulations, HUD
hosted a forum on May 31, 2012, in Washington, DC. (See https://portal.hud.gov/hudportal/HUD?src=/press/multimedia/videos.) While
comments were raised and discussed at the forum, HUD encouraged forum
participants to file written comments through the www.regulations.gov
Web site so that all comments would be more easily accessible to
interested parties. All comments, whether submitted through
www.regulations.gov or raised at the forum, were considered in the
development of the revised documents which were published on November
21, 2012 (77 FR 69870), and for which, consistent with the PRA, comment
was solicited for an additional 30 days (30-day Notice).
In the 30-day Notice, HUD identified substantive changes that were
made to the healthcare facility documents in response to public
comments submitted on the 60-day Notice, responded to significant
issues raised by the commenters, and identified proposed additional
changes based on further consideration of certain issues. As was the
case with the 60-day Notice, HUD posted on its Web site the further
revised healthcare facility documents in (1) a clean format, and (2) in
redline/strikeout format, to show the changes made from the versions
posted with issuance of the 60-day Notice.
On March 14, 2013, at 78 FR 16279, HUD published in the Federal
Register a notice that announced the approval of the healthcare
facility documents under the PRA and the assignment of a control
number, 2502-0605, by OMB. In addition to announcing the assignment of
an OMB control number, HUD advised in the March 14, 2013, notice that
additional changes were made to the healthcare facility documents in
response to comments submitted on the 30-day Notice. In the March 14,
2013, notice, HUD highlighted additional changes made to the healthcare
facility documents, and once again, provided on HUD's Web site at
www.hud.gov/232forms, the final versions of the documents in clean and
redline/strikeout formats so that reviewers could see the final changes
made to the documents and the clean final versions of the documents.
B. 2013 PRA Process on Eligibility of Electronic Submission
On September 10, 2013, at 78 FR 55282, HUD published in the Federal
Register a notice solely seeking comment on the issue of which
healthcare facility documents may be submitted electronically.
Questions arose on this issue after conclusion of the 2012 PRA process.
In the September 10, 2013, notice, HUD advised that consistent with
current practice, HUD requires applications for mortgage insurance to
be submitted electronically, and that therefore any healthcare facility
documents submitted as part of an application for mortgage insurance
must be submitted electronically. Of the other healthcare facility
documents, HUD identified 13 documents that must be submitted with
original signatures, in hard copy format. These documents are the
following: Healthcare Regulatory Agreement--Borrower (HUD-92466-
[[Page 11116]]
ORCF); Healthcare Regulatory Agreement--Operator (HUD-92466A-ORCF);
Management Certification--Residential Care Facility (HUD-9839-ORCF);
Lender Certification (HUD-92434-ORCF); Offsite Bond--Dual Obligee (HUD-
92479-ORCF); Performance Bond--Dual Obligee (HUD-92452-ORCF); Payment
Bond (HUD-92452A-ORCF); Request for Endorsement (HUD-92455-ORCF);
Request for Final Endorsement (HUD-92023-ORCF); Guide for Opinion for
Master Tenant's Counsel (HUD-92335-ORCF); Healthcare Regulatory
Agreement--Master Tenant (HUD-92337-ORCF); Guide for Opinion of
Borrower's Counsel (HUD-91725-ORCF); and Guide for Opinion of
Operator's Counsel and Certification (HUD-92325-ORCF). For any of the
remaining healthcare facility documents (which must be submitted
electronically) or the listed 13 documents (which must be submitted in
hard copy), the September 10, 2013, notice advised that HUD neither
requires nor prohibits that any of the remaining documents be submitted
electronically. Electronic submission is an option.
In the 2012 PRA process, HUD's 30-day Notice, HUD listed in a table
all the documents for which approval under the PRA was sought and
provided the burden hours and costs calculated for preparation of and
submission of each of documents and provided a total aggregate annual
cost of $4,393,301. (See 77FR 69887-69889). This table, revised with
updated information on burden hours and costs, is included at the end
of this notice.
In the September 10, 2013, notice, HUD included the table below,
which provides a breakdown of the estimated costs involved in hard copy
preparation and shipping, and estimates a $450,000 annual savings in
costs if documents are submitted electronically rather than in hard
copy.
------------------------------------------------------------------------
Item Cost per item Costs
------------------------------------------------------------------------
Printing by Lender............. 1,500 pages at $.04 per $60.00
page.
Lender Box Preparation......... $50 per hour and two 100.00
hours per box.
Shipping by Lender to HUD in 1-40 lb. box........... 20.00
Field.
HUD processing preparation $50 per hour and 1 hour 50.00
(Field and HQ). per box.
Shipping by HUD Field to HQ.... 1-40 lb. box........... 20.00
Total.......................... ....................... \1\ 250.00
Estimated Boxes per 3...................... ..............
project.
Estimated of projects 600.................... ..............
per year.
---------------
Total Annual Costs......... ( of boxes x 450,000.00
of projects
x cost per box).
------------------------------------------------------------------------
\1\ Per box.
C. Summary of Changes to the Intercreditor Agreement--Section 232 (HUD
92322-ORCF).
Because of a substantial number of comments from participants in
healthcare facility programs after the conclusion of the 2012 PRA
process, HUD has revised the Intercreditor Agreement (form HUD-92322).
A redline/strikeout showing each proposed change in the revised
Intercreditor Agreement is available at www.hud.gov/232forms. The
significant changes, however, can be summarized as follows:
(1) AR Loan Obligations
The definition of what constitutes an AR Loan Obligation was
revised. In this regard, instead of delineating particular forms of
indebtedness, liabilities, and obligations that must be excluded and
may not constitute AR Loan Obligations, the revised definition takes a
broader approach, requiring AR Loan Obligations to be directly related
to the benefit of the Facility.
(2) Cut-Off Time & Ceased Funding
``Cut-Off Time'' is when HUD will no longer subordinate its
interest in the accounts receivable of the operator. The events that
trigger a Cut-Off Time were clarified. Specifically, rather than allow
any defaults to trigger a Cut-Off Time, the revised document introduces
the defined term ``Ceased Funding'' in order to clarify that only
defaults of the AR Loan resulting in the AR Lender ceasing to fund
trigger a Cut-Off Time.
(3) Notices and Consent Rights
Clarifications were made to HUD and FHA Lender's notice and consent
rights to address specifically certain potentially troubling scenarios.
The revised document clarifies that AR ``over-line'' advances (over the
agreed maximum commitment amount) require prior written consent by FHA
Lender and HUD, but that, within some agreed-upon limits, advances
within the maximum commitment amount (but over the borrowing base
formula) only require notice not consent. Clarifications were also made
to the provision setting forth what modifications can be made to the AR
Loan documents without FHA Lender or HUD consent.
D. Summary of Comments Solicited
HUD received no comments in response to the Federal Register Notice
published on September 10, 2013. In accordance with 5 CFR 1320.8(d)(1),
HUD is soliciting, for an additional 30 days, comments from members of
the public and interested parties on:
(1) Whether the documents identified by HUD for originally signed,
hard copy submission are necessary in such format for proper
performance of the transactions in which the documents are used;
(2) Whether any of the documents not identified as necessary for
originally signed, hard copy submission should be submitted only in
originally signed, hard copy;
(3) The accuracy of the agency's estimate of the reduced burden and
reduced costs for submission of documents electronically;
(4) Whether electronic submission of application documents enhances
the utility and efficiency of the transactions in which the documents
are used;
(5) Whether electronic submission of other documents enhances the
utility and efficiency of the transactions in which the documents are
used;
(6) Additional ways, through information technology, to minimize
the burden of the collection of information on those who are to
respond;
(7) Whether the agency's estimate of the burden of the proposed
collection of information is accurate;
(8) Whether the proposed collection of information enhances the
utility and efficiency of the transactions in which the documents are
used; and
(9) Whether the proposed changes to the Intercreditor Agreement
enhance the utility and efficiency of the transactions for which the
document is used.
A list of the entire document collection is provided below.
[[Page 11117]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average Average
Number of Frequency Response burden per Annual hourly
New form No. Form name respondents of response per annum hour per burden hours cost per Annual cost
response response
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lender Narratives:
HUD-9001-ORCF.............. Lender Narrative 223a7-- 30 2.5 75 22.00 1,650 $75 $123,750
Main.
HUD-9001a-ORCF............. Lender Narrative 223a7- 30 2.5 75 1.50 112.5 75 8,438
Addenda-PCNA.
HUD-9001b-ORCF............. Lender Narrative 30 2.5 75 0.50 37.5 75 2,813
223a7.223d.232i-Addend
um--ALTA/ACSM Land
Title Survey.
HUD-9001c-ORCF............. Lender Narrative 223a7- 30 2.5 75 0.50 37.5 75 2,813
Addendum-Environmental.
HUD-9001d-ORCF............. Lender Narrative 223a7- 30 2.5 75 0.50 37.5 75 2,813
Addendum--Other
Existing Eligible
Indebtedness.
HUD-9001e-ORCF............. Lender Narrative 30 2.5 75 0.50 37.5 75 2,813
223a7.223d.232i-Addend
um-Principal of
Borrower.
HUD-9001f-ORCF............. Lender Narrative 20 2.5 50 0.50 25 75 1,875
223a7.223d.232i-Addend
um-Operator.
HUD-9001g-ORCF............. Lender Narrative 12 2.5 30 0.50 15 75 1,125
223a7.223d.232i-Addend
um-Management Agent.
HUD-9001h-ORCF............. Lender Narrative 30 2.5 75 0.50 37.5 75 2,813
223a7.223d.232i-Addend
um-Transfer of
Physical Assets.
HUD-9001i-ORCF............. Lender Narrative 30 2.5 75 0.50 37.5 75 2,813
223a7.223d.232i-Addend
um-AR Financing.
HUD-9002-ORCF.............. Lender Narrative 223f.. 30 7.5 225 70.00 15,750 75 1,181,250
HUD-9003-ORCF.............. Lender Narrative 241a.. 4 1 4 73.00 292 75 21,900
HUD-9004-ORCF.............. Lender Narrative--New 10 2 20 87.00 1,740 75 130,500
Construction--Single
Stage.
HUD-9005-ORCF.............. Lender Narrative--New 10 2 20 63.00 1,260 75 94,500
Construction--2 Stage
Initial Submittal.
HUD-9005a-ORCF............. Lender Narrative--New 10 2 20 53.00 1,060 75 79,500
Construction--2 Stage
Final Submittal.
HUD-9006-ORCF.............. Lender Narrative-- 4 1 4 93.00 372 75 27,900
Substantial
Rehabilitation--Single
Stage.
HUD-9007-ORCF.............. Lender Narrative-- 4 1 4 70.00 280 75 21,000
Substantial
Rehabilitation--2
Stage Initial
Submittal.
HUD-9007a-ORCF............. Lender Narrative-- 4 1 4 70.00 280 75 21,000
Substantial
Rehabilitation--2
Stage Final Submittal.
HUD-9008-ORCF.............. Lender Narrative-- 4 1 4 70.00 280 62 17,360
Blended Rate--Single
Stage.
HUD-90025-ORCF............. Lender Narrative-- 4 1 4 70.00 280 75 21,000
Blended Rate--2 Stage--
Initial Submittal.
HUD-90025a-ORCF............ Lender Narrative-- 4 1 4 70.00 280 75 21,000
Blended Rate--2 Stage--
Final Submittal.
HUD-9009-ORCF.............. Lender Narrative 5 2 10 15.00 150 62 9,300
232(i)--Fire Safety
Equipment
Installation, without
Existing HUD Insured
Mortgage.
HUD-90010-ORCF............. Lender Narrative 5 2 10 15.00 150 62 9,300
232(i)--Fire Safety
Equipment
Installation, with
Existing HUD Insured
Mortgage.
HUD-90011-ORCF............. Lender Narrative 1 2 2 15.00 30 62 1,860
223(d)--Operating Loss
Loan.
HUD-9444-ORCF.............. Lender Narrative Cost 2 2 4 15.00 60 75 4,500
Certification
Supplement.
Production Certifications:
HUD-90012-ORCF............. Consolidated 30 2.5 75 1.00 75 67 5,025
Certification--Lender.
HUD-90013-ORCF............. Consolidated 77 1 77 1.00 77 75 5,775
Certification--Borrowe
r.
[[Page 11118]]
HUD-90014-ORCF............. Consolidated 38 2 76 1.00 76 75 5,700
Certification--Princip
al of the Borrower.
HUD-90015-ORCF............. Consolidated 35 2 70 1.00 70 75 5,250
Certification--Operato
r.
HUD-90016-ORCF............. Consolidated 35 2 70 1.00 70 75 5,250
Certification--Parent
of Operator.
HUD-90017-ORCF............. Consolidated 35 2 70 1.00 70 75 5,250
Certification--Managem
ent Agent.
HUD-90018-ORCF............. Consolidated 4 1 4 1.50 6 75 450
Certification--Contrac
tors.
HUD-90019-ORCF............. Auditor Certification.. 3 1 3 0.50 1.5 67 101
HUD-90022-ORCF............. Certification for 35 10 350 0.50 175 67 11,725
Electronic Submittal.
HUD-9445-ORCF.............. Certification of 35 10 350 1.00 350 83 29,050
Outstanding
Obligations.
HUD-91118-ORCF............. Borrower's 240 1 240 0.50 120 75 9,000
Certification--Complet
ion of Critical
Repairs.
HUD-92434-ORCF............. Lender Certification... 35 10 350 1.00 350 75 26,250
HUD-91130-ORCF............. Building Code 26 2 52 0.50 26 83 2,158
Certification.
Construction Documents:
HUD-91123-ORCF............. Design Professional's 26 2 52 0.50 26 83 2,158
Certification of
Liability Insurance.
HUD-91124-ORCF............. Design Architect 26 2 52 0.50 26 83 2,158
Certification.
HUD-91127-ORCF............. Financial Statement 26 2 52 0.50 26 67 1,742
Certification--General
Contractor.
HUD-92408-ORCF............. HUD Amendment to B108.. 26 2 52 0.50 26 75 1,950
HUD-95379-ORCF............. HUD Representative's 26 28 728 1.00 728 75 54,600
Trip Report.
HUD-91129-ORCF............. Lender Certification 10 5.2 52 3.00 156 75 11,700
for New Construction
Cost Certifications.
HUD-9442-ORCF.............. Memo for Post- 3 2 6 1.00 6 75 450
Commitment Early Start
of Construction
Request.
HUD-92415-ORCF............. Request for Permission 3 2 6 0.50 3 83 249
to Commence
Construction Prior to
Initial Endorsement
for Mortgage Insurance
(Post-Commitment Early
Start of Construction).
HUD-93305-ORCF............. Agreement and 10 5.2 52 0.50 26 75 1,950
Certification.
HUD-92441-ORCF............. Building Loan Agreement 10 5.2 52 1.00 52 75 3,900
HUD-92441a-ORCF............ Building Loan Agreement 10 5.2 52 1.00 52 75 3,900
Supplemental.
HUD-92450-ORCF............. Completion Assurance... 10 5.2 52 0.50 26 75 1,950
HUD-92442-ORCF............. Construction Contract.. 10 5.2 52 1.00 52 75 3,900
HUD-92554-ORCF............. Supplementary 10 5.2 52 0.50 26 217 5,642
Conditions of the
Contract for
Construction.
HUD-92456-ORCF............. Escrow Agreement for 3 2 6 0.50 3 75 225
Incomplete
Construction.
HUD-92479-ORCF............. Offsite Bond--Dual 5 3 15 0.50 7.5 75 563
Obligee.
HUD-92452-ORCF............. Performance Bond--Dual 5 5.2 26 0.50 13 217 2,821
Obligee.
HUD-92452A-ORCF............ Payment Bond........... 5 5.2 26 0.50 13 75 975
HUD-92455-ORCF............. Request for Endorsement 10 5.2 52 1.00 52 75 3,900
HUD-92023-ORCF............. Request for Final 10 5.2 52 1.00 52 75 3,900
Endorsement.
HUD-92412-ORCF............. Working Capital Escrow. 10 5.2 52 0.50 26 75 1,950
HUD-91125-ORCF............. Staffing Schedule...... 30 5.83 174.9 1.00 174.9 62 10,844
Additional ORCF Documents:
HUD-91708-ORCF............. Agreement for Payment 1 1 1 1.00 1 83 83
of Real Property Taxes.
HUD-92576A-ORCF............ Certificate of Need for 3 2 6 0.50 3 83 249
Health Facility.
HUD-90024-ORCF............. Contact Sheet.......... 35 10 350 1.00 350 67 23,450
HUD-91126-ORCF............. Financial Statement 150 7 1,050 0.50 525 67 35,175
Certification.
HUD-91116-ORCF............. Addendum to Operating 30 6.5 195 0.50 97.5 217 21,158
Lease.
[[Page 11119]]
HUD-941-ORCF............... Lenders FHA Number 30 11.7 351 0.50 175.5 62 10,881
Request Form.
HUD-92264a-ORCF............ Maximum Insurable Loan 30 11.7 351 2.00 702 83 58,266
Calculation.
HUD-2-ORCF................. Request for Waiver of 20 8 160 1.00 160 75 12,000
Housing Directive.
HUD-91119-ORCF............. Schedule of Facilities 35 10 350 1.50 525 75 39,375
Owned Operated or
Managed.
HUD-91110-ORCF............. Subordination, Non- 30 11.7 351 0.50 175.5 233 40,892
Disturbance and
Attornment Agreement
of Operating Lease
(SNDA).
HUD-91111-ORCF............. Survey Instructions and 180 1.5 270 0.50 135 83 11,205
Borrower's
Certification.
HUD-91112-ORCF............. Request of Overpayment 15 5.13 76.95 0.50 38.475 67 2,578
of Firm Application
Exam Fee.
HUD-9839-ORCF.............. Management 5 1 5 0.50 2.5 75 188
Certification--Residen
tial Care Facility.
HUD-92466-ORCF............. Healthcare Regulatory 35 10 350 0.50 175 217 37,975
Agreement--Borrower.
HUD-92466A-ORCF............ Healthcare Regulatory 10 2 20 0.50 10 217 2,170
Agreement--Operator.
HUD-94000-ORCF............. Security Instrument/ 35 10 350 0.50 175 217 37,975
Mortgage/Deed of Trust.
HUD-92070-ORCF............. Lease Addendum......... 2 1 2 0.50 1 217 217
HUD-94001-ORCF............. Healthcare Facility 35 10 350 1.00 350 75 26,250
Note.
HUD-91710-ORCF............. Residual Receipts Note-- 5 2 10 0.50 5 75 375
Non Profit Mortgagor.
HUD-92420-ORCF............. Subordination 7 2 14 0.50 7 217 1,519
Agreement--Financing.
HUD-92223-ORCF............. Surplus Cash Note...... 7 2 14 0.50 7 75 525
HUD-2205A-ORCF............. Borrower's Certificate 30 7.5 225 3.50 787.5 75 59,063
of Actual Cost.
HUD-92323-ORCF............. Operator Security 30 6.5 195 1.00 195 200 39,000
Agreement.
Escrow Documents:
HUD-91128-ORCF............. Initial Operating 11 5 55 1.50 82.5 83 6,848
Deficit Escrow
Calculation Template.
HUD-92414-ORCF............. Latent Defects Escrow.. 20 12 240 0.50 120 75 9,000
HUD-9443-ORCF.............. Minor Moveable Escrow.. 26 2 52 1.00 52 83 4,316
HUD-92476-ORCF............. Escrow Agreement 20 12 240 0.50 120 75 9,000
Noncritical Deferred
Repairs.
HUD-92476B-ORCF............ Escrow Agreement for 12 4.8 57.6 0.50 28.8 75 2,160
Operating Deficits.
HUD-92464-ORCF............. Request Approval 35 15 525 1.00 525 75 39,375
Advance of Escrow
Funds.
Asset Management Documents:
HUD-92266-ORCF............. Application for 25 2 50 1.00 50 83 4,150
Transfer of Physical
Assets (TPA).
HUD-93332-ORCF............. Certification of 456 1 456 1.00 456 75 34,200
Exigent Health &
Safety (EH&S) Issues.
HUD-93333-ORCF............. Certification Physical 208 1 208 0.50 104 83 8,632
Condition in
Compliance.
HUD-93486-ORCF............. Computation of Surplus 70 1 70 0.50 35 62 2,170
Cash.
HUD-9250-ORCF.............. Funds Authorizations... 500 5.6 2800 1.00 2800 75 210,000
HUD-9250A-ORCF............. Borrower Certification 15 2 30 1.00 30 75 2,250
and Request Detail.
HUD-92228-ORCF............. Model Form Bill of Sale 20 2 40 0.50 20 83 1,660
and Assignment.
HUD-92117-ORCF............. Borrower's 250 2 500 0.50 250 75 18,750
Certification--Complet
ion of Non-Critical
Repairs.
HUD-92417-ORCF............. Personal Financial and 175 6 1050 3.50 3675 83 305,025
Credit Statement.
HUD-93479-ORCF............. Schedule A--Monthly 60 2 120 1.00 120 75 9,000
Report for
Establishing Net
Income.
HUD-93480-ORCF............. Schedule B--Schedule of 60 12 720 1.00 720 75 54,000
Disbursements.
HUD-93481-ORCF............. Schedule C--Schedule of 60 12 720 1.00 720 75 54,000
Accounts Payable.
Accounts Receivable Documents:
[[Page 11120]]
HUD-90020-ORCF............. A/R Financing 50 3 150 0.50 75 217 16,275
Certification.
HUD-92322-ORCF............. Intercreditor Agreement 30 5 150 1.50 225 200 45,000
(for AR Financed
Projects).
Master Lease Documents:
HUD-92211-ORCF............. Master Lease Addendum.. 5 5 25 1.00 25 217 5,425
HUD-92331-ORCF............. Cross-Default Guaranty 30 5.83 175 1.00 174.9 217 37,953
of Subtenants.
HUD-92333-ORCF............. Master Lease SNDA...... 30 5.83 175 0.50 87.45 217 18,977
HUD-92335-ORCF............. Guide for Opinion of 30 5.83 175 1.00 174.9 217 37,953
Master Tenant's
Counsel.
HUD-92337-ORCF............. Healthcare Regulatory 30 5.83 175 0.50 87.45 217 18,977
Agreement--Master
Tenant.
HUD-92339-ORCF............. Master Lease Estoppel 30 5.83 175 0.50 87.45 217 18,977
Agreement.
HUD-92340-ORCF............. Master Tenant Security 30 5.83 175 1.00 174.9 217 37,953
Agreement.
Additional Legal Documents:
HUD-91117-ORCF............. Operator Estoppel 100 2 200 0.50 100 275 27,500
Certificate.
HUD-91725-INST-ORCF........ Instructions to Guide 35 10 350 0.00 0 217 0
for Opinion of
Borrower's and
Operator's Counsel.
HUD-91725-CERT-ORCF........ Exhibit A to Opinion of 35 10 350 0.50 175 217 37,975
Borrower's Counsel--
Certification.
HUD-91725-ORCF............. Guide for Opinion of 35 10 350 2.00 700 217 151,900
Borrower's Counsel.
HUD-92325-ORCF............. Guide for Opinion of 30 6.5 195 1.50 292.5 200 58,500
Operator's Counsel and
Certification.
-----------------------------------------------------------------------------------------------
TOTALS................. ....................... 4,568 539 20,322 8.30 44,221 105 3,794,809
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 11121]]
Comments must be received by March 31, 2014. Comments must refer to
the proposal by name and docket number (FR-5623-N-05) and interested
persons are invited to submit comments regarding this proposal.
Comments should refer to the proposal by name and/or OMB Control Number
and should be sent to: Patrick Fuchs, Office of Management and Budget,
New Executive Office Building, Washington, DC 20503; fax: 202-395-5806.
Email: OIRA_Submission@omb.eop.gov.
HUD Desk Officer,
Office of Management and Budget,
New Executive Office Building,
Washington, DC 20503,
Fax number: (202) 395-6947
and
Colette Pollard,
Office of the Chief Information Officer,
Department of Housing and Urban Development,
451 Seventh Street SW.,
Room 4178,
Washington, DC 20410.
Dated: February 20, 2014.
Colette Pollard,
Department Reports Management Officer--Office of the Chief Information
Officer.
[FR Doc. 2014-04237 Filed 2-26-14; 8:45 am]
BILLING CODE 4210-67-P
