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]
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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
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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
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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:
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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
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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
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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.
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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.
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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?
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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.
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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
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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
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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
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]]>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
