Affirmatively Furthering Fair Housing Local Government Assessment Tool-Information Collection Renewal: Solicitation of Comment-60-Day Notice Under Paperwork Reduction Act of 1995, 15546-15549 [2016-06600]

Download as PDF jstallworth on DSK7TPTVN1PROD with NOTICES 15546 Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Notices APR annually. In addition to the IHP/ APR, each year recipients may submit a Formula Response Form (HUD–4117), Formula Challenge Form (HUD–4119), and Depository Agreements (HUD– 52736–A and B). Indian tribes, Alaska Natives, Native Hawaiians, or tribally designated housing entities that receive IHBG funds are required annually to submit HUD–52737 that consists of two component: The Indian Housing Plan (IHP) component and the Annual Performance Report (APR) component. The IHP is required by Section 102 of the Native American Housing Assistance and Self-Determination Act (NAHASDA) and describes the eligible IHBG-funded, affordable housing activities the recipient plans to conduct for the benefit of low and moderate income tribal members and identifies the intended outcomes and outputs for the upcoming 12-month year. The recipient submits the IHP at least 75 days prior to the beginning of its 12month program year. HUD conducts a limited review of the IHP to determine that the planned activities are in compliance with NAHASDA requirements, as defined at 24 CFR part 1000. At the end of the 12-month period, the recipient submits the APR that is required by Section 404 of NAHASDA and describes (1) the use of grant funds during the prior 12-month period; (2) the actual outcomes and outputs achieved; (3) program accomplishments; and (4) jobs supported by IHBG-funded activities. HUD uses the information in the APR to review the recipient’s progress in implementing the IHP, verify whether the activities are eligible and to determine if the recipient has the capacity to continue implementing the activities described in the IHP in a timely manner. The information in the APR also will be used to provide Congress, stakeholders, and other interested parties with information on how the IHBG funds are being used to meet affordable housing needs within Native American communities. The IHP/APR is currently available in a Word version, an Excel version, and a version on HUD’s Energy and Performance Information Center (EPIC) Web site. All three versions of the IHP/ APR request the same information and a recipient may elect to submit to HUD either the Word, Excel, or EPIC versions; however, the Excel and EPIC versions are preferred because of their automated capabilities and reduced burden. Participants in the IHBG program are responsible for notifying HUD of changes to the Formula Current Assisted Stock (FCAS) component of the IHBG VerDate Sep<11>2014 18:26 Mar 22, 2016 Jkt 238001 formula. HUD is notified of changes in the FCAS through a Formula Response Form (HUD–4117), as defined at 24 CFR 1000.302. A tribe, Tribally Designated Housing Entities (TDHE), or HUD may challenge the data from the U.S. Decennial Census or provide an alternative source of data by submitting the Guidelines for Challenging U.S. Decennial Census Data Document Form (HUD–4119). Census challenges are due March 30th of each fiscal year, as defined at 24 CFR 1000.336. This information collection is required of participants in the IHBG program to demonstrate compliance with eligibility and other requirements of NAHASDA; provision of correction or challenge documentation of the formula calculation; and provision of data for HUD’s annual report to Congress. The information gathered will be used to allocate funds under the IHBG program. The quality assurance of data reported is a very important issue in maintaining HUD’s databases used to monitor participant’s proposed plans, accomplishments, determine program compliance, and to ensure fair and equitable allocations. In some cases, the FCAS information addressing the conveyances and conversions of units has resulted in the recouping of funds. IHBG recipients have the option to invest IHBG funds in eligible instruments for up to five years with private bankers and/or brokers. At any time, a recipient may enter into a Depository Agreement with a banker (HUD–52736–A) and/or with the broker (HUD–52736–B). Respondents (i.e. affected public): Native American Tribes and Tribally Designated Housing Entities, Alaska Natives and Corporations, and Native Hawaiians. Estimated Number of Respondents: 366. Estimated Number of Responses: 1,779. Frequency of Response: The IHP/APR is submitted twice a year and the Formula Correction and Formula Challenge forms are submitted once per year. Average Hours per Response: 60. Total Estimated Burdens: 48,211 hours. B. Solicitation of Public Comment This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 the agency, including whether the information will have practical utility; (2) The accuracy of the agency’s estimate of the burden of the proposed collection of information; (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and (4) Ways to minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. HUD encourages interested parties to submit comment in response to these questions. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35. Dated: March 17, 2016. Colette Pollard, Department Reports Management Officer, Office of the Chief Information Officer. [FR Doc. 2016–06596 Filed 3–22–16; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5173–N–10] Affirmatively Furthering Fair Housing Local Government Assessment Tool— Information Collection Renewal: Solicitation of Comment—60-Day Notice Under Paperwork Reduction Act of 1995 Office of the Assistance Secretary for Fair Housing and Equal Opportunity, HUD. ACTION: Notice. AGENCY: On December 31, 2015, HUD announced the availability of the assessment tool (Local Government Assessment Tool) developed by HUD for use by local governments that receive Community Development Block Grants (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grants (ESG), or Housing Opportunities for Persons with AIDS (HOPWA) formula funding from HUD when conducting and submitting their own Assessment of Fair Housing (AFH). The Local Government Assessment Tool is also available for use for AFHs conducted by joint and regional collaborations between: (1) Such local governments; (2) one or more such local governments with one or more public housing agency (PHA) partners; and (3) other collaborations in which such a local government is designated as the lead for the collaboration. The Local Government Assessment Tool was approved by HUD’s Office of SUMMARY: E:\FR\FM\23MRN1.SGM 23MRN1 jstallworth on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Notices Management and Budget under the Paperwork Reduction Act (PRA) for a period of one year. This notice, which solicits public comment for a period of 60 days, begins the process to renew the approval of the Local Government Assessment Tool. The PRA requires two public comment periods—a public comment period of 60 days and a second comment period of 30 days. After consideration of the public comments submitted in response to this notice, HUD will solicit a second round of public comments for a period of 30 days. HUD notes that, over the next several months, it will be soliciting public comment pursuant to the PRA on assessment tools to be used by different categories of program participants. This Notice solicits public comment on the Local Government Assessment Tool. In a notice issued on March 11, 2016, published at 81 FR 12921, HUD announced that it is seeking public comments on the proposed assessment tool for use by States and Insular Areas (State and Insular Area Assessment Tool). In the near future, HUD will issue the proposed assessment tool for Public Housing Agencies (PHA Assessment Tool). DATES: Comment Due Date: May 23, 2016. 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 VerDate Sep<11>2014 15:26 Mar 22, 2016 Jkt 238001 15547 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. that HUD published its Affirmatively Furthering Final Rule, at 80 FR 42272. The Assessment Tool, HUD’s final rule on Affirmatively Furthering Fair Housing, and HUD’s AFFH Rule Guidebook accompanying the Local Government Assessment Tool can all be found at https:// www.hudexchange.info/programs/affh/. Note: To receive consideration as public comments, comments must be submitted through one of the two methods specified above. Again, all submissions must refer to the docket number and title of the notice. II. Overview of Information Collection No Facsimile Comments. Facsimile (FAX) comments are not acceptable. Public Inspection of Public Comments. All properly submitted comments and communications submitted to HUD will be available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address. Due to security measures at the HUD Headquarters building, an advance appointment to review the public comments must be scheduled by calling the Regulations Division at 202–708– 3055 (this is not a toll-free number). Individuals who are deaf or hard of hearing and individuals with speech impairments may access this number via TTY by calling the Federal Relay Service at 800–877–8339. Copies of all comments submitted are available for inspection and downloading at www.regulations.gov. FOR FURTHER INFORMATION CONTACT: George D. Williams, Sr., Deputy Assistant Secretary for Policy, Legislative Initiatives and Outreach, Office of Fair Housing and Equal Opportunity, Department of Housing and Urban Development, 451 7th Street SW., Room 5246, Washington, DC 20410; telephone number 866–234–2689 (toll-free). Individuals with hearing or speech impediments may access this number via TTY by calling the toll-free Federal Relay Service during working hours at 1–800–877–8339. SUPPLEMENTARY INFORMATION: I. Background On December 31, 2015, at 80 FR 81840, by notice published in the Federal Register, HUD announced the availability for use of the Assessment Tool. This announcement was preceded by the two Federal Register notices for public comment required by the PRA. The 60-day notice was published on September 26, 2015, at 79 FR 57949, and the 30-day notice published on July 16, 2015, at 80 FR 42108, the same day PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 Title of Proposal: Assessment of FairHousing Tool. OMB Control Number, if applicable: 2529–0054. Description of the need for the information and proposed use: The purpose of HUD’s Affirmatively Furthering Fair Housing (AFFH) final rule is to provide HUD program participants with a more effective approach to fair housing planning so that they are better able to meet their statutory duty to affirmatively further fair housing. In this regard, the final rule requires HUD program participants to conduct and submit an AFH. In the AFH, program participants must identify and evaluate fair housing issues, and factors significantly contributing to fair housing issues (contributing factors) in the program participant’s jurisdiction and region. The Assessment Tool is the standardized document designed to aid program participants in conducting the required assessment of fair housing issues and contributing factors and priority and goal setting. The Assessment Tool asks a series of questions that program participants must respond to in carrying out an assessment of fair housing issues and contributing factors, and setting meaningful fair housing goals and priorities to overcome them. Agency form numbers, if applicable: Not applicable. Members of affected public: As noted earlier in this document, local governments that receive CDBG, HOME, ESG, or HOPWA formula funding from HUD when conducting and submitting their own AFH, and any PHAs that choose to partner with such local governments. Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response: Please see table below. E:\FR\FM\23MRN1.SGM 23MRN1 15548 Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Notices REPORTING AND RECORDKEEPING BURDEN Number of responses per respondent Number of respondents * CFR Section Reference: § 5.154(d) (Assessment of Fair Housing). Estimated average time for requirement (in hours) *** Frequency of response ** Estimated burden (in hours) 1 Once every five years (or three years in the case of 3Year Consolidated Plans) **. ........................ ........................ Entitlement Jurisdiction ........ PHAs .................................... 2,508 total entities (1,194 Entitlement Jurisdictions and approximately 1,314 PHAs) *. 1,194 .................................... 1,314 * .................................. ........................ ........................ .................................................. .................................................. *** 240 120 286,560 157,680 Total Burden ................. 2,508 .................................... * 1,194 .................................................. ........................ 444,240 jstallworth on DSK7TPTVN1PROD with NOTICES * This template is primarily designed for local government program participants, of which there are approximately 1,194, and PHAs seeking to join with local governments on a jointly submitted AFH. There are 3,942 PHAs, and HUD estimates that approximately 1⁄3 of PHAs may seek to join with a local government and submit a joint AFH. The Total Number of responses is listed as 1,194 based on the number of entitlement jurisdictions that will submit AFHs using this Assessment Tool. The total hours and burden are based on the total estimated number of both types of program participants and the ‘‘estimated average time’’ listed for type of program participant. ** The timing of submission depends upon whether a local government program participant submits its consolidated plan every 3 years or every 5 years. *** The estimate of 240 hours is an average across all local government program participants, with some having either higher or lower actual burden. **** PHAs participating in joint submissions using the Assessment Tool under this notice are assumed to have some fixed costs, including staff training, conducting community participation costs, but reduced costs for conducting the analysis in the assessment itself. III. Solicitation of Specific Comment on the Local Government Assessment Tool HUD specifically requests comment on the following subjects. As HUD has stated, it intends to make improvements to the online AFFH Data and Mapping Tool (AFFH–T). HUD is seeking feedback on the items listed below that are under consideration, as well as any other requests for data or functionality improvements in the AFFH–T. The specific items under consideration are intended to modify and improve existing data items or to better facilitate program participants in completing the Assessment Tool. HUD also intends to provide additional instructions to clarify that additional data items may be provided in the online available data that do not necessarily require the program participant to respond to or include in their final submission as an attached map or table, but are provided for the program participants benefit in conducting additional levels of analyses. The public and, in particular affected HUD program participants are invited to comment on the following specific questions. For each of these questions, in addition to answering the question, HUD asks commenters to explain why the issue or issues posed in each question either would or would not be helpful from a fair housing perspective to have this additional level of detail presented in the question. 1. Should R/ECAPs be amended to exclude college students from the calculation of poverty rate? 2. Should HUD provide additional data on homeownership and rental housing, including maps and tables (e.g. VerDate Sep<11>2014 15:26 Mar 22, 2016 Jkt 238001 data on percent of owner and renter occupied housing by area, maps showing patterns of home ownership and renter occupied housing together with demographics of race/ethnicity, and homeownership/rental rates by protected class group)? 3. Are there changes or improvements that can be made to the Opportunity Index measures? For example, should HUD include additional national data related to schools and education? Should HUD change the variables included in the Labor Market Engagement Index? Are there changes to the transportation indices (currently Transit Trips and Low Transportation Cots) that can be made to better inform a fair housing analysis of transportation access and whether transportation provides access to areas of opportunity? Should HUD adjust the Environmental Health Index with new variables and/or a revised formula? 5. Should HUD add Home Mortgage Disclosure Act (HMDA) data to inform a fair housing analysis of lending practices and trends? Which types of HMDA data would be most useful (e.g., loan origination data, data on conventional loans compared to FHA loans, etc.)? 6. Should HUD distinguish between 9 percent and 4 percent tax credits in the Low-Income Housing Tax Credit (LIHTC) data being provided, including in maps of development locations? 7. Should HUD make any other changes to the Local Government Assessment Tool to facilitate joint or regional collaboration or facilitate a meaningful fair housing analysis and priority and goal setting? PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 IV. Solicitation of Comment Require by the Paperwork Reduction Act In accordance with 5 CFR 1320.8(d)(1), HUD is specifically soliciting comment from members of the public and affected program participants on the Assessment Tool on the following: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) The accuracy of the agency’s estimate of the burden of the proposed collection of information; (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and (4) Ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. HUD encourages not only program participants but interested persons to submit comments regarding the information collection requirements in this proposal. Comments must be received by May 23, 2016 to www.regulations.gov as provided under the ADDRESSES section of this notice. Comments must refer to the proposal by name and docket number (FR–5173–N– 10). HUD encourages interested parties to submit comment in response to these questions. E:\FR\FM\23MRN1.SGM 23MRN1 Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Notices Dated: March 17, 2016. George D. Williams, Sr., Deputy Assistant Secretary for Policy, Legislative Initiatives, and Outreach. [FR Doc. 2016–06600 Filed 3–22–16; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5173–N–09] Affirmatively Furthering Fair Housing Assessment Tool for Public Housing Agencies Solicitation of Comment—60Day Notice Under Paperwork Reduction Act of 1995 Office of the Assistant Secretary for Fair Housing and Equal Opportunity, HUD. ACTION: Notice. AGENCY: On July 16, 2015, HUD published the Affirmatively Furthering Fair Housing (AFFH) final rule that provides HUD program participants with a new process for planning for fair housing outcomes that will assist them in meeting their statutory obligation to affirmatively further fair housing. This process includes an assessment tool that program participants must use to evaluate fair housing choice and access to opportunity in their jurisdictions, to identify barriers to fair housing choice and opportunity at the local and regional levels, and to set fair housing goals to overcome such barriers and advance fair housing choice. HUD committed to issue three assessment tools for its program participants covered by the AFFH final rule. One assessment tool is for use by local governments (Local Government Assessment Tool) that receive assistance under certain grant programs administered by HUD’s Office of Community Planning and Development (CPD), as well as by joint and regional collaborations between: (i) Local governments; (ii) one or more local governments and one or more public housing agency (PHA) partners; and (iii) other collaborations in which such a local government is designated as the lead for the collaboration. The second tool is for States and Insular Areas (State and Insular Area Assessment Tool), including joint collaborations (with local governments and/or PHAs, both of which would require HUD approval) where the State is designated as the lead entity. The third assessment tool, which is the subject of this Notice, is for PHAs (including for joint collaborations among multiple PHAs) (PHA Assessment Tool). On December 31, 2015, following 60-day and 30-day jstallworth on DSK7TPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 15:26 Mar 22, 2016 Jkt 238001 public comment periods under the Paperwork Reduction Act, HUD issued the Local Government Assessment Tool. On March 11, 2016, at 81 FR 12921, HUD issued for public comment the proposed State and Insular Area Assessment Tool for a 60-day period of public comment. This Notice solicits public comment for a period of 60 days on the proposed PHA Assessment Tool. In seeking comment for a period of 60 days, this notice commences the process for compliance with the Paperwork Reduction Act of 1995 (PRA). The PRA requires two public comment periods— a public comment period of 60 days and a second comment period of 30 days. After consideration of the public comments submitted in response to this notice, HUD will solicit a second round of public comments for a period of 30 days on the proposed PHA Assessment Tool. DATES: Comment Due Date: May 23, 2016. 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 public comments 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 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 15549 above. Again, all submissions must refer to the docket number and title of the notice. No Facsimile Comments. Facsimile (FAX) comments are not acceptable. Public Inspection of Public Comments. All properly submitted comments and communications submitted to HUD will be available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address. Due to security measures at the HUD Headquarters building, an advance appointment to review the public comments must be scheduled by calling the Regulations Division at 202–708– 3055 (this is not a toll-free number). Individuals who are deaf or hard of hearing and individuals with speech impairments may access this number via TTY by calling the Federal Relay Service at 800–877–8339. Copies of all comments submitted are available for inspection and downloading at www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Dustin Parks, Office of Fair Housing and Equal Opportunity, Department of Housing and Urban Development, 451 7th Street SW., Room 5249, Washington, DC 20410–0500; telephone number 202– 708–1112 (this is not a toll-free number). Persons who are deaf or hard of hearing and persons with speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at 800–877–8339. SUPPLEMENTARY INFORMATION: I. Background On July 16, 2015, at 80 FR 42272, HUD issued its final AFFH rule. The AFFH rule provides a new approach to enable program participants to more fully incorporate fair housing considerations into their existing planning processes and assist them in their efforts to comply with their duty to affirmatively further fair housing as required by the Fair Housing Act, which is Title VIII of the Civil Rights Act, and other authorities. The Fair Housing Act not only prohibits discrimination, but, in conjunction with other statutes, directs HUD’s program participants to take meaningful actions to overcome historic patterns of segregation, promote fair housing choice, and foster inclusive communities that are free from discrimination. The new approach established by HUD replaces the existing analysis of impediments (AI) process. The approach is designed to assist program participants in analyzing their fair housing environment, identifying fair housing issues and the related contributing factors, and setting fair housing goals, and, ultimately, taking E:\FR\FM\23MRN1.SGM 23MRN1

Agencies

[Federal Register Volume 81, Number 56 (Wednesday, March 23, 2016)]
[Notices]
[Pages 15546-15549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06600]


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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5173-N-10]


Affirmatively Furthering Fair Housing Local Government Assessment 
Tool--Information Collection Renewal: Solicitation of Comment--60-Day 
Notice Under Paperwork Reduction Act of 1995

AGENCY: Office of the Assistance Secretary for Fair Housing and Equal 
Opportunity, HUD.

ACTION: Notice.

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

SUMMARY: On December 31, 2015, HUD announced the availability of the 
assessment tool (Local Government Assessment Tool) developed by HUD for 
use by local governments that receive Community Development Block 
Grants (CDBG), HOME Investment Partnerships Program (HOME), Emergency 
Solutions Grants (ESG), or Housing Opportunities for Persons with AIDS 
(HOPWA) formula funding from HUD when conducting and submitting their 
own Assessment of Fair Housing (AFH). The Local Government Assessment 
Tool is also available for use for AFHs conducted by joint and regional 
collaborations between: (1) Such local governments; (2) one or more 
such local governments with one or more public housing agency (PHA) 
partners; and (3) other collaborations in which such a local government 
is designated as the lead for the collaboration.
    The Local Government Assessment Tool was approved by HUD's Office 
of

[[Page 15547]]

Management and Budget under the Paperwork Reduction Act (PRA) for a 
period of one year. This notice, which solicits public comment for a 
period of 60 days, begins the process to renew the approval of the 
Local Government Assessment Tool. The PRA requires two public comment 
periods--a public comment period of 60 days and a second comment period 
of 30 days. After consideration of the public comments submitted in 
response to this notice, HUD will solicit a second round of public 
comments for a period of 30 days.
    HUD notes that, over the next several months, it will be soliciting 
public comment pursuant to the PRA on assessment tools to be used by 
different categories of program participants. This Notice solicits 
public comment on the Local Government Assessment Tool. In a notice 
issued on March 11, 2016, published at 81 FR 12921, HUD announced that 
it is seeking public comments on the proposed assessment tool for use 
by States and Insular Areas (State and Insular Area Assessment Tool). 
In the near future, HUD will issue the proposed assessment tool for 
Public Housing Agencies (PHA Assessment Tool).

DATES: Comment Due Date: May 23, 2016.

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 
notice.

    No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
    Public Inspection of Public Comments. All properly submitted 
comments and communications submitted to HUD will be available for 
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the 
above address. Due to security measures at the HUD Headquarters 
building, an advance appointment to review the public comments must be 
scheduled by calling the Regulations Division at 202-708-3055 (this is 
not a toll-free number). Individuals who are deaf or hard of hearing 
and individuals with speech impairments may access this number via TTY 
by calling the Federal Relay Service at 800-877-8339. Copies of all 
comments submitted are available for inspection and downloading at 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: George D. Williams, Sr., Deputy 
Assistant Secretary for Policy, Legislative Initiatives and Outreach, 
Office of Fair Housing and Equal Opportunity, Department of Housing and 
Urban Development, 451 7th Street SW., Room 5246, Washington, DC 20410; 
telephone number 866-234-2689 (toll-free). Individuals with hearing or 
speech impediments may access this number via TTY by calling the toll-
free Federal Relay Service during working hours at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: 

I. Background

    On December 31, 2015, at 80 FR 81840, by notice published in the 
Federal Register, HUD announced the availability for use of the 
Assessment Tool. This announcement was preceded by the two Federal 
Register notices for public comment required by the PRA. The 60-day 
notice was published on September 26, 2015, at 79 FR 57949, and the 30-
day notice published on July 16, 2015, at 80 FR 42108, the same day 
that HUD published its Affirmatively Furthering Final Rule, at 80 FR 
42272. The Assessment Tool, HUD's final rule on Affirmatively 
Furthering Fair Housing, and HUD's AFFH Rule Guidebook accompanying the 
Local Government Assessment Tool can all be found at https://www.hudexchange.info/programs/affh/.

II. Overview of Information Collection

    Title of Proposal: Assessment of FairHousing Tool.
    OMB Control Number, if applicable: 2529-0054.
    Description of the need for the information and proposed use: The 
purpose of HUD's Affirmatively Furthering Fair Housing (AFFH) final 
rule is to provide HUD program participants with a more effective 
approach to fair housing planning so that they are better able to meet 
their statutory duty to affirmatively further fair housing. In this 
regard, the final rule requires HUD program participants to conduct and 
submit an AFH. In the AFH, program participants must identify and 
evaluate fair housing issues, and factors significantly contributing to 
fair housing issues (contributing factors) in the program participant's 
jurisdiction and region.
    The Assessment Tool is the standardized document designed to aid 
program participants in conducting the required assessment of fair 
housing issues and contributing factors and priority and goal setting. 
The Assessment Tool asks a series of questions that program 
participants must respond to in carrying out an assessment of fair 
housing issues and contributing factors, and setting meaningful fair 
housing goals and priorities to overcome them.
    Agency form numbers, if applicable: Not applicable.
    Members of affected public: As noted earlier in this document, 
local governments that receive CDBG, HOME, ESG, or HOPWA formula 
funding from HUD when conducting and submitting their own AFH, and any 
PHAs that choose to partner with such local governments.
    Estimation of the total numbers of hours needed to prepare the 
information collection including number of respondents, frequency of 
response, and hours of response:
    Please see table below.

[[Page 15548]]



                                       Reporting and Recordkeeping Burden
----------------------------------------------------------------------------------------------------------------
                                                                                     Estimated
                                                    Number of                      average time      Estimated
                                   Number of      responses per    Frequency of         for         burden (in
                                 respondents *     respondent      response **      requirement       hours)
                                                                                  (in hours) ***
----------------------------------------------------------------------------------------------------------------
CFR Section Reference: Sec.    2,508 total                    1  Once every five  ..............  ..............
 5.154(d) (Assessment of Fair   entities (1,194                   years (or
 Housing).                      Entitlement                       three years in
                                Jurisdictions                     the case of 3-
                                and                               Year
                                approximately                     Consolidated
                                1,314 PHAs) *.                    Plans) **.
Entitlement Jurisdiction.....  1,194...........  ..............  ...............         *** 240         286,560
PHAs.........................  1,314 *.........  ..............  ...............             120         157,680
                              ----------------------------------------------------------------------------------
    Total Burden.............  2,508...........         * 1,194  ...............  ..............         444,240
----------------------------------------------------------------------------------------------------------------
* This template is primarily designed for local government program participants, of which there are
  approximately 1,194, and PHAs seeking to join with local governments on a jointly submitted AFH. There are
  3,942 PHAs, and HUD estimates that approximately \1/3\ of PHAs may seek to join with a local government and
  submit a joint AFH. The Total Number of responses is listed as 1,194 based on the number of entitlement
  jurisdictions that will submit AFHs using this Assessment Tool. The total hours and burden are based on the
  total estimated number of both types of program participants and the ``estimated average time'' listed for
  type of program participant.
** The timing of submission depends upon whether a local government program participant submits its consolidated
  plan every 3 years or every 5 years.
*** The estimate of 240 hours is an average across all local government program participants, with some having
  either higher or lower actual burden.
**** PHAs participating in joint submissions using the Assessment Tool under this notice are assumed to have
  some fixed costs, including staff training, conducting community participation costs, but reduced costs for
  conducting the analysis in the assessment itself.

III. Solicitation of Specific Comment on the Local Government 
Assessment Tool

    HUD specifically requests comment on the following subjects.
    As HUD has stated, it intends to make improvements to the online 
AFFH Data and Mapping Tool (AFFH-T). HUD is seeking feedback on the 
items listed below that are under consideration, as well as any other 
requests for data or functionality improvements in the AFFH-T. The 
specific items under consideration are intended to modify and improve 
existing data items or to better facilitate program participants in 
completing the Assessment Tool. HUD also intends to provide additional 
instructions to clarify that additional data items may be provided in 
the online available data that do not necessarily require the program 
participant to respond to or include in their final submission as an 
attached map or table, but are provided for the program participants 
benefit in conducting additional levels of analyses. The public and, in 
particular affected HUD program participants are invited to comment on 
the following specific questions. For each of these questions, in 
addition to answering the question, HUD asks commenters to explain why 
the issue or issues posed in each question either would or would not be 
helpful from a fair housing perspective to have this additional level 
of detail presented in the question.
    1. Should R/ECAPs be amended to exclude college students from the 
calculation of poverty rate?
    2. Should HUD provide additional data on homeownership and rental 
housing, including maps and tables (e.g. data on percent of owner and 
renter occupied housing by area, maps showing patterns of home 
ownership and renter occupied housing together with demographics of 
race/ethnicity, and homeownership/rental rates by protected class 
group)?
    3. Are there changes or improvements that can be made to the 
Opportunity Index measures? For example, should HUD include additional 
national data related to schools and education? Should HUD change the 
variables included in the Labor Market Engagement Index? Are there 
changes to the transportation indices (currently Transit Trips and Low 
Transportation Cots) that can be made to better inform a fair housing 
analysis of transportation access and whether transportation provides 
access to areas of opportunity? Should HUD adjust the Environmental 
Health Index with new variables and/or a revised formula?
    5. Should HUD add Home Mortgage Disclosure Act (HMDA) data to 
inform a fair housing analysis of lending practices and trends? Which 
types of HMDA data would be most useful (e.g., loan origination data, 
data on conventional loans compared to FHA loans, etc.)?
    6. Should HUD distinguish between 9 percent and 4 percent tax 
credits in the Low-Income Housing Tax Credit (LIHTC) data being 
provided, including in maps of development locations?
    7. Should HUD make any other changes to the Local Government 
Assessment Tool to facilitate joint or regional collaboration or 
facilitate a meaningful fair housing analysis and priority and goal 
setting?

IV. Solicitation of Comment Require by the Paperwork Reduction Act

    In accordance with 5 CFR 1320.8(d)(1), HUD is specifically 
soliciting comment from members of the public and affected program 
participants on the Assessment Tool on the following:
    (1) Whether the proposed collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (2) The accuracy of the agency's estimate of the burden of the 
proposed collection of information;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) Ways to minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses.
    HUD encourages not only program participants but interested persons 
to submit comments regarding the information collection requirements in 
this proposal. Comments must be received by May 23, 2016 to 
www.regulations.gov as provided under the ADDRESSES section of this 
notice. Comments must refer to the proposal by name and docket number 
(FR-5173-N-10).
    HUD encourages interested parties to submit comment in response to 
these questions.


[[Page 15549]]


    Dated: March 17, 2016.
George D. Williams, Sr.,
Deputy Assistant Secretary for Policy, Legislative Initiatives, and 
Outreach.
[FR Doc. 2016-06600 Filed 3-22-16; 8:45 am]
 BILLING CODE 4210-67-P