30-Day Notice of Proposed Information Collection: Comprehensive Transactional Forms Supporting FHA's Section 242 Mortgage Insurance Program for Hospitals, 43154-43156 [2019-17914]
Download as PDF
43154
Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Notices
vessel cannot comply fully with 72
COLREGS light, shape, and sound signal
provisions without interference with the
vessel’s special function.3 If the Coast
Guard issues a COAC, it must publish
notice of this action in the Federal
Register.4
The Chief of Prevention Division,
Seventh District, U.S. Coast Guard,
certifies that the EAGLE II (O.N.
1294433) is a vessel of special
construction or purpose, and that, with
respect to the positions of the masthead
light, stern light, and sidelights, it is not
possible to comply fully with the
requirements of the provisions
enumerated in the 72 COLREGS,
without interfering with the normal
operation, construction, or design of the
vessel’s car deck. The Chief of
Prevention Division, Seventh District,
U.S. Coast Guard, further finds and
certifies that the lights are configured in
closest possible compliance with the
applicable provisions of the 72
COLREGS.5
The Chief of Prevention Division,
Seventh District, U.S. Coast Guard,
certifies that the Q–OCEAN SERVICE
(O.N. 1284182) is a vessel of special
construction or purpose, and that, with
respect to the positions of the sidelights,
it is not possible to comply fully with
the requirements of the provisions
enumerated in the 72 COLREGS,
without interfering with the normal
operation, construction, or design of the
vessel’s primary function as a tug. The
Chief of Prevention Division, Seventh
District, U.S. Coast Guard, further finds
and certifies that the lights are
configured in closest possible
compliance with the applicable
provisions of the 72 COLREGS.6
This notice is issued under authority
of 33 U.S.C. 1605(c) and 33 CFR 81.18.
Dated: July 29, 2019
J.D. Espino-Young,
Captain, U.S. Coast Guard, Chief, Prevention
Division, Seventh Coast Guard District.
[FR Doc. 2019–17941 Filed 8–19–19; 8:45 am]
jbell on DSK3GLQ082PROD with NOTICES
BILLING CODE 9110–04–P
3 33
CFR 81.9.
U.S.C. 1605(c) and 33 CFR 81.18.
5 33 U.S.C. 1605(a); 33 CFR 81.9.
6 33 U.S.C. 1605(a); 33 CFR 81.9.
4 33
VerDate Sep<11>2014
20:49 Aug 19, 2019
Jkt 247001
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7011–N–37]
30-Day Notice of Proposed Information
Collection: Comprehensive
Transactional Forms Supporting FHA’s
Section 242 Mortgage Insurance
Program for Hospitals
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice.
AGENCY:
SUMMARY: HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for an additional 30 days of
public comment.
DATES: Comments Due Date: September
19, 2019.
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:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Room 4176, Washington, DC
20410–5000; telephone 202–402–3400
(this is not a toll-free number) or email
at Colette.Pollard@hud.gov for a copy of
the proposed forms or other available
information. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.
FOR FURTHER INFORMATION CONTACT:
Natalia Yee, Director, Single Family
Insurance Operations Division,
Department of Housing and Urban
Development, Department of Housing
and Urban Development, 451 7th Street
SW, Washington, DC 20410; email or
telephone 202–402–3506. This is not a
toll-free number. Persons with hearing
or speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339. Copies of available documents
submitted to OMB may be obtained
from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A. The Federal Register notice
that solicited public comments on the
information for a period of 60 days was
published on May 24, 2019.
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
A. Overview of Information Collection
Title of Information Collection:
Comprehensive Transactional Forms
Supporting FHA’s Section 242 Mortgage
Insurance Program for Hospitals.
OMB Approval Number: 2502–0602.
Type of Request: Revision.
Form Number: HUD–91070–OHF,
HUD–91071–OHF, HUD–91073–OHF,
HUD–91111–OHF, HUD– 91725–OHF,
HUD–92013–OHF, HUD–92023–OHF,
HUD–92070–OHF, HUD–92080– OHF,
HUD–92117–OHF, HUD–92205–OHF,
HUD–92223–OHF, HUD–92266–OHF,
HUD–92322–OHF, HUD–92330–OHF,
HUD–92330A–OHF, HUD–92403–OHF,
HUD– 92403A–OHF, HUD–92415–OHF,
HUD–92422–OHF, HUD–92434–OHF,
HUD–92441– OHF, HUD–92442–OHF,
HUD–92448–OHF, HUD–92452A–OHF,
HUD–92452–OHF, HUD–92455–OHF,
HUD–92456–OHF, HUD–92464–OHF,
HUD–92466–OHF, HUD– 92476–OHF,
HUD–92476A–OHF, HUD–92476B–
OHF, HUD–92479–OHF, HUD–92554–
OHF, HUD–92576–OHF, HUD–93305–
OHF, HUD–94000–OHF, HUD–94001–
OHF, HUD–94128–OHF.
Description of the need for the
information and proposed use: This
collection of information is required
specifically for the application and
administration of the Department of
Housing and Urban Development,
Federal Housing Administration Section
242 Hospital Mortgage Insurance
Program pursuant to 24 CFR 242, 241,
223(f), and 223(a)(7). The collection is a
comprehensive set of HUD documents
that are critically needed for processing
applications and loan endorsements for
FHA mortgage insurance under the
Section 242 Hospital Mortgage
Insurance Program, for ongoing asset
management of such facilities, and other
information related to these facilities for
loan modifications, construction
projects, and physical and
environmental reviews.
This information is requested and is
used by the Office of Healthcare
Facilities (OHF) and Office of
Architecture and Engineering (OAE)
within FHA’s Office of Healthcare
Programs (OHP).
The purpose for which the
information is being collected by HUD
is to review Section 242 applications to
determine the eligibility of applicant
hospitals for FHA mortgage insurance,
underwrite insured hospital loans,
ensure that the collateral securing each
loan is adequate, capture administrative
data, process initial/final endorsement,
and manage FHA’s hospital portfolio.
Additional information related to loan
modifications, construction projects,
E:\FR\FM\20AUN1.SGM
20AUN1
jbell on DSK3GLQ082PROD with NOTICES
Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Notices
and physical and environmental
reviews is collected if applicable.
The information being collected
consists of various HUD forms that
program participants complete with
project specifications, technical
descriptions, details, and/or signatures
that are utilized by HUD during various
stages of the application, underwriting,
commitment, closing, and asset
management processes involved with
the administration of FHA’s Section 242
mortgage insurance program.
The information is used by HUD staff
for internal review of applications to
determine if projects qualify for Section
242 hospital mortgage insurance and to
manage and monitor the application,
commitment, initial/final endorsement,
asset management, and administration
processes needed to support hospital
projects insured by FHA. Agreements
and legal documents are used by HUD
staff, lenders, borrowers, construction
managers, and depository institutions,
when applicable, to process initial/final
endorsement of loans. Information
reported for ongoing asset management
of FHA-insured facilities will be used by
HUD staff to monitor and manage risk
within the FHA portfolio and ensure
ongoing compliance with HUD Program
Obligations. Information is also be used
by HUD staff to determine whether the
Program meets its stated goals and
management objectives. The
information is collected from lenders/
mortgage bankers, borrowers/hospital
management officials, attorneys, general
contractors/construction managers,
architects/engineers, agents and others
involved in hospital projects, which
may, at times include local government
entities and other third parties, as well
as HUD staff to allow OHF to manage
and monitor the application,
commitment, initial/final endorsement,
asset management, and administration
processes needed to support hospital
projects insured by FHA.
This collection is needed to update
and renew the current collection that
was approved for a 36-month period by
OMB on August 19, 2016, with an
expiration date of August 31, 2019.
Where changes have been made to
existing OHF forms, the proposed
versions are also presented in both
redline/strikeout and unmarked formats.
New or unchanged forms are presented
in unmarked format. The revised
hospital documents can be viewed at:
https://portal.hud.gov/hudportal/
HUD?src=/federal_housing_
administration/healthcare_facilities/
section_242/additional_resources/242_
docs_2019renewal.
Two new forms are being added to
this collection: HUD–92266–OHF
VerDate Sep<11>2014
20:49 Aug 19, 2019
Jkt 247001
(Application for Transfer of Physical
Assets) and HUD–92476B–OHF (Escrow
Agreement for Proceeds from Partial
Release of Collateral). The HUD–92266–
OHF form is based on an existing Office
of Multifamily form, modified for
Section 242-insured hospitals. The
application collects the information
required for OHF staff to review
requests to transfer insured physical
assets to new purchasers that will
continue to hold the FHA-insured loan.
The HUD–92476B–OHF is being added
to provide an escrow agreement
template for infrequent instances when
a borrower sells and requests to release
HUD-insured collateral. Both
documents are based on existing
versions used by the Office of Housing
in other mortgage insurance programs
but modified to appropriately reflect
Section 242 program needs.
HUD–9250–OHF (Funds
Authorizations) will be removed from
the collection. The document was added
to Collection 2502–0602 in a prior
submission and was based upon a
similar form used for OHP’s residential
care facility program. The form has
proven to be unnecessary for the Section
242 hospital program and will be
removed.
Thirty-five of the forty documents
within the collection are being renewed
with no operational content changes,
except for updated burden hour
estimates and additional language
added to the burden statements to
ensure that requirements under 5 CFR
1320.8(b)(3) are met. Additional
language (specifically, the phrase
‘‘under penalty of perjury’’) was also
added to clarify fraud warnings and
certification for forms with
certifications. Revisions are proposed
for the HUD–92466–OHF (Regulatory
Agreement), HUD–92422–OHF
(Financial and Statistical Data for HUD
Reporting), and HUD–94000–OHF
(Security Instrument) to include edits
that were made to clarify current
policies and definitions, reflect updated
general accepted accounting standards,
or to address minor inconsistencies
across documents. A summary of the
specific changes made to the revised
documents is provided below.
Summary of Changes to Documents
HUD–92476B–OHF Escrow Agreement
for Proceeds from Partial Release of
Collateral. New document used to
establish an escrow agreement and
escrow account as part of the approval
process for the partial release of FHAinsured collateral. Document defines
permitted uses of escrowed proceeds,
including usage for collateralized
property improvements, purchase of
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
43155
equipment, or principal payments of the
FHA-insured mortgage. Requires
approval of all advances in writing by
HUD and the Lender.
HUD–92266–OHF Application for
Transfer of Physical Assets. New
document based on an existing Office of
Multifamily Housing application form
for Transfer of Physical Assets
transactions, modified for Section 242insured hospitals.
HUD–92422–OHF Financial and
Statistical Data for HUD Reporting.
Definitions were updated to be
consistent with account names, and a
definition for ‘‘Allowances for
Contractual Deductions and Bad Debt’’
was added. ‘‘Deferred Financing Costs’’
was moved from the ‘‘Limited Use
Assets’’ to the ‘‘Long Term Debt and
Leases’’ (previously ‘‘Long Term Debt
and Capital Leases’’) account. ‘‘Right of
Use Assets’’ was added to the ‘‘Net PPE’’
account. Some restricted and
unrestricted net asset accounts were
combined and account names and
definitions were updated. A note was
added to clarify that ‘‘Bad Debt
Expense’’ can be recorded as a separate
line item, depending on the accounting
reporting standards being used.
HUD–94000–OHF Security
Instrument/Mortgage/Deed of Trust. In
Section 1 (Definitions), the definition of
Patient Accounts Receivables was
clarified in the definition of Accounts
Receivables. The definition of
Personality and Mortgaged Property was
revised to add the income or sales
distributed from a joint venture.
HUD–92466–OHF Hospital Regulatory
Agreement—Borrower. Changes were
made to sections of the Regulatory
Agreement as follows:
• Section 1 and Section 49
(Definitions). Revised to include
definitions found in 24 CFR 242.1 and
Handbook 4615.1 to provide clarity.
Definitions section from Appendix D
was moved to Section 49. Definition of
Patient Accounts Receivables was added
for Distribution of Assets in Section 18
and Additional Indebtedness in Section
20.
• Section 11—Property and
Operations; Encumbrances. Added new
item (g) regarding Borrower notification
to HUD.
• Section 17—Transactions with
Affiliates. Clarified transactions with
Affiliates regarding lower of fully
allocated cost or market value.
• Section 18—Distribution of Assets.
Changed Section 18(b)(v) to reflect
financial requirements per 24 CFR 242.1
for the Surplus Cash definition.
Included definitions and ratios in
Section 49.
E:\FR\FM\20AUN1.SGM
20AUN1
43156
Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Notices
• Section 19—Board Review/Business
Plan/Consultants’ Report. Added
‘‘BOARD REVIEW’’ to title for clarity. In
Section 19(c)(iv), removed ‘‘pro forma
balance sheet’’ as a deliverable and
clarified Business Plan deliverables to
HUD for income statement and cash
flow analysis. Combined the roles of
‘‘Review Consultant’’ and ‘‘Independent
Consultant’’ into one consultant to
allow for more timely review and cost
savings for Borrower.
• Section 20—Additional
Indebtedness. Under Long Term Debt,
clarified when HUD consent is needed
versus notification and timing; added
CEO to parties eligible to submit
documentation for notification; and
added new section 20(a)(vi) to specify
Borrower agreement to assets becoming
part of the Mortgaged Property at HUD’s
discretion upon release of a lien. Under
Unsecured Short-Term Debt, clarified
when HUD consent is needed versus
notification and timing and added CEO
to parties eligible to submit
documentation for notification. Added
Section 20(c) for Lines of Credit to apply
to short-term and long-term lines of
credits secured by accounts receivable.
• Section 21—Successor Clause.
Removed Section 21(a). Clarified
successor clauses and definitions to
emphasize HUD’s option for approval.
• Section 29—Permits and Approvals.
Added new Section 29(e) regarding
Borrower’s responsibility to report
accrediting organization or entity
findings to HUD upon occurrence, along
with action plan requirements.
• Section 36—Actions Requiring Prior
Written Approval of HUD. Revised 36(g)
to clarify when HUD approval is
required for actions impacting collateral
under the FHA-insured mortgage.
Added new item 36(q) for establishing,
developing, or organizing a joint
venture.
jbell on DSK3GLQ082PROD with NOTICES
HUD received one comment regarding
collection 2502–0602 during the 60-day
comment period that closed on July 23,
2019. The comment addressed an issue
with the link to the posted documents
online not working correctly. HUD
corrected the issue and responded to
this comment directly.
Respondents (i.e. affected public):
Lenders/mortgage bankers, borrowers/
hospital management officials,
attorneys, general contractors/
construction managers, architects/
engineers, agents and others involved in
hospital projects, which may, at times
include local government entities and
other third parties, as well as other
20:49 Aug 19, 2019
Jkt 247001
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
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: August 9, 2019.
Colette Pollard,
Department Reports Management Officer,
Office of the Chief Information Officer.
[FR Doc. 2019–17914 Filed 8–19–19; 8:45 am]
Services, 1849 C Street NW, MS–4642–
MIB, Washington, DC 20240, telephone
(202) 208–3615.
SUPPLEMENTARY INFORMATION: This
notice is published in the exercise of
authority delegated by the Secretary of
the Interior to the Assistant Secretary—
Indian Affairs by part 209 of the
Departmental Manual, and is published
to comply with the requirement of 25
CFR 151.12(c)(2)(ii) that notice of the
decision to acquire land in trust be
promptly published in the Federal
Register.
On July 12, 2019, the Assistant
Secretary—Indian Affairs issued a
decision to accept land in trust for the
Forest County Potawatomi Community,
Wisconsin under the authority of
Section 5 of the Indian Reorganization
Act of 1934 (48 Stat. 984).
Forest County Potawatomi Community,
Wisconsin, Forest County, Wisconsin, Legal
Description Containing 92.75 Acres, More or
Less
Parcel #1
The North one-half of the Northeast
Quarter (N 1⁄2 NE 1⁄4) of Section Thirteen (13),
Township Thirty-six (36) North, Range
Twelve (12) East, in Forest County,
Wisconsin.
Together with an easement for the benefit
of said parcel created by instrument recorded
in Volume 165 Records page 844, for ingress
and egress.
Parcel #2
The Southeast Quarter of Southeast
Quarter (SE 1⁄4 SE 1⁄4), Section Twelve (12),
Township Thirty-six (36) North, Range
Twelve (12) East, in Forest County,
Wisconsin.
Parcel Numbers: 012–00204–00, 012–
00203–00, and 012–00202–00.
BILLING CODE 4210–67–P
Dated: July 12, 2019.
Tara Sweeney,
Assistant Secretary—Indian Affairs.
DEPARTMENT OF THE INTERIOR
[FR Doc. 2019–17942 Filed 8–19–19; 8:45 am]
BILLING CODE 4337–15–P
Bureau of Indian Affairs
A. Responses to Public Comments
Received
VerDate Sep<11>2014
agents involved in hospital projects
seeking FHA mortgage insurance.
Estimated Number of Respondents:
485.
Estimated Number of Responses:
1,069.
Frequency of Response: 2.2.
Average Hours per Response: 74.
Total Estimated Burdens: 79,426.
[190A2100DD/AAKC001030/
A0A51010.999900]
DEPARTMENT OF THE INTERIOR
Land Acquisitions; the Forest County
Potawatomi Community, Wisconsin
AGENCY:
Bureau of Indian Affairs,
Interior.
Notice.
ACTION:
SUMMARY: The Assistant Secretary—
Indian Affairs has made a final
determination to acquire 92.75 acres,
more or less, into trust for the Forest
County Potawatomi Community,
Wisconsin on July 12, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Sharlene M. Round Face, Bureau of
Indian Affairs, Division of Real Estate
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
Bureau of Indian Affairs
[190A2100DD/AAKC001030/
A0A501010.999900253G]
Indian Gaming; Extension of TribalState Class III Gaming Compact
(Pyramid Lake Paiute Tribe of the
Pyramid Reservation and the State of
Nevada)
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: This notice announces the
extension of the Class III gaming
E:\FR\FM\20AUN1.SGM
20AUN1
Agencies
[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Notices]
[Pages 43154-43156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17914]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7011-N-37]
30-Day Notice of Proposed Information Collection: Comprehensive
Transactional Forms Supporting FHA's Section 242 Mortgage Insurance
Program for Hospitals
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: HUD is seeking approval from the Office of Management and
Budget (OMB) for the information collection described below. In
accordance with the Paperwork Reduction Act, HUD is requesting comment
from all interested parties on the proposed collection of information.
The purpose of this notice is to allow for an additional 30 days of
public comment.
DATES: Comments Due Date: September 19, 2019.
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: Colette Pollard, Reports
Management Officer, QDAM, Department of Housing and Urban Development,
451 7th Street SW, Room 4176, Washington, DC 20410-5000; telephone 202-
402-3400 (this is not a toll-free number) or email at
[email protected] for a copy of the proposed forms or other
available information. Persons with hearing or speech impairments may
access this number through TTY by calling the toll-free Federal Relay
Service at (800) 877-8339.
FOR FURTHER INFORMATION CONTACT: Natalia Yee, Director, Single Family
Insurance Operations Division, Department of Housing and Urban
Development, Department of Housing and Urban Development, 451 7th
Street SW, Washington, DC 20410; email or telephone 202-402-3506. This
is not a toll-free number. Persons with hearing or speech impairments
may access this number through TTY by calling the toll-free Federal
Relay Service at (800) 877-8339. Copies of available documents
submitted to OMB may be obtained from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is
seeking approval from OMB for the information collection described in
Section A. The Federal Register notice that solicited public comments
on the information for a period of 60 days was published on May 24,
2019.
A. Overview of Information Collection
Title of Information Collection: Comprehensive Transactional Forms
Supporting FHA's Section 242 Mortgage Insurance Program for Hospitals.
OMB Approval Number: 2502-0602.
Type of Request: Revision.
Form Number: HUD-91070-OHF, HUD-91071-OHF, HUD-91073-OHF, HUD-
91111-OHF, HUD- 91725-OHF, HUD-92013-OHF, HUD-92023-OHF, HUD-92070-OHF,
HUD-92080- OHF, HUD-92117-OHF, HUD-92205-OHF, HUD-92223-OHF, HUD-92266-
OHF, HUD-92322-OHF, HUD-92330-OHF, HUD-92330A-OHF, HUD-92403-OHF, HUD-
92403A-OHF, HUD-92415-OHF, HUD-92422-OHF, HUD-92434-OHF, HUD-92441-
OHF, HUD-92442-OHF, HUD-92448-OHF, HUD-92452A-OHF, HUD-92452-OHF, HUD-
92455-OHF, HUD-92456-OHF, HUD-92464-OHF, HUD-92466-OHF, HUD- 92476-OHF,
HUD-92476A-OHF, HUD-92476B-OHF, HUD-92479-OHF, HUD-92554- OHF, HUD-
92576-OHF, HUD-93305-OHF, HUD-94000-OHF, HUD-94001-OHF, HUD-94128-OHF.
Description of the need for the information and proposed use: This
collection of information is required specifically for the application
and administration of the Department of Housing and Urban Development,
Federal Housing Administration Section 242 Hospital Mortgage Insurance
Program pursuant to 24 CFR 242, 241, 223(f), and 223(a)(7). The
collection is a comprehensive set of HUD documents that are critically
needed for processing applications and loan endorsements for FHA
mortgage insurance under the Section 242 Hospital Mortgage Insurance
Program, for ongoing asset management of such facilities, and other
information related to these facilities for loan modifications,
construction projects, and physical and environmental reviews.
This information is requested and is used by the Office of
Healthcare Facilities (OHF) and Office of Architecture and Engineering
(OAE) within FHA's Office of Healthcare Programs (OHP).
The purpose for which the information is being collected by HUD is
to review Section 242 applications to determine the eligibility of
applicant hospitals for FHA mortgage insurance, underwrite insured
hospital loans, ensure that the collateral securing each loan is
adequate, capture administrative data, process initial/final
endorsement, and manage FHA's hospital portfolio. Additional
information related to loan modifications, construction projects,
[[Page 43155]]
and physical and environmental reviews is collected if applicable.
The information being collected consists of various HUD forms that
program participants complete with project specifications, technical
descriptions, details, and/or signatures that are utilized by HUD
during various stages of the application, underwriting, commitment,
closing, and asset management processes involved with the
administration of FHA's Section 242 mortgage insurance program.
The information is used by HUD staff for internal review of
applications to determine if projects qualify for Section 242 hospital
mortgage insurance and to manage and monitor the application,
commitment, initial/final endorsement, asset management, and
administration processes needed to support hospital projects insured by
FHA. Agreements and legal documents are used by HUD staff, lenders,
borrowers, construction managers, and depository institutions, when
applicable, to process initial/final endorsement of loans. Information
reported for ongoing asset management of FHA-insured facilities will be
used by HUD staff to monitor and manage risk within the FHA portfolio
and ensure ongoing compliance with HUD Program Obligations. Information
is also be used by HUD staff to determine whether the Program meets its
stated goals and management objectives. The information is collected
from lenders/mortgage bankers, borrowers/hospital management officials,
attorneys, general contractors/construction managers, architects/
engineers, agents and others involved in hospital projects, which may,
at times include local government entities and other third parties, as
well as HUD staff to allow OHF to manage and monitor the application,
commitment, initial/final endorsement, asset management, and
administration processes needed to support hospital projects insured by
FHA.
This collection is needed to update and renew the current
collection that was approved for a 36-month period by OMB on August 19,
2016, with an expiration date of August 31, 2019. Where changes have
been made to existing OHF forms, the proposed versions are also
presented in both redline/strikeout and unmarked formats. New or
unchanged forms are presented in unmarked format. The revised hospital
documents can be viewed at: https://portal.hud.gov/hudportal/HUD?src=/federal_housing_administration/healthcare_facilities/section_242/additional_resources/242_docs_2019renewal.
Two new forms are being added to this collection: HUD-92266-OHF
(Application for Transfer of Physical Assets) and HUD-92476B-OHF
(Escrow Agreement for Proceeds from Partial Release of Collateral). The
HUD-92266-OHF form is based on an existing Office of Multifamily form,
modified for Section 242-insured hospitals. The application collects
the information required for OHF staff to review requests to transfer
insured physical assets to new purchasers that will continue to hold
the FHA-insured loan. The HUD-92476B-OHF is being added to provide an
escrow agreement template for infrequent instances when a borrower
sells and requests to release HUD-insured collateral. Both documents
are based on existing versions used by the Office of Housing in other
mortgage insurance programs but modified to appropriately reflect
Section 242 program needs.
HUD-9250-OHF (Funds Authorizations) will be removed from the
collection. The document was added to Collection 2502-0602 in a prior
submission and was based upon a similar form used for OHP's residential
care facility program. The form has proven to be unnecessary for the
Section 242 hospital program and will be removed.
Thirty-five of the forty documents within the collection are being
renewed with no operational content changes, except for updated burden
hour estimates and additional language added to the burden statements
to ensure that requirements under 5 CFR 1320.8(b)(3) are met.
Additional language (specifically, the phrase ``under penalty of
perjury'') was also added to clarify fraud warnings and certification
for forms with certifications. Revisions are proposed for the HUD-
92466-OHF (Regulatory Agreement), HUD-92422-OHF (Financial and
Statistical Data for HUD Reporting), and HUD-94000-OHF (Security
Instrument) to include edits that were made to clarify current policies
and definitions, reflect updated general accepted accounting standards,
or to address minor inconsistencies across documents. A summary of the
specific changes made to the revised documents is provided below.
Summary of Changes to Documents
HUD-92476B-OHF Escrow Agreement for Proceeds from Partial Release
of Collateral. New document used to establish an escrow agreement and
escrow account as part of the approval process for the partial release
of FHA-insured collateral. Document defines permitted uses of escrowed
proceeds, including usage for collateralized property improvements,
purchase of equipment, or principal payments of the FHA-insured
mortgage. Requires approval of all advances in writing by HUD and the
Lender.
HUD-92266-OHF Application for Transfer of Physical Assets. New
document based on an existing Office of Multifamily Housing application
form for Transfer of Physical Assets transactions, modified for Section
242-insured hospitals.
HUD-92422-OHF Financial and Statistical Data for HUD Reporting.
Definitions were updated to be consistent with account names, and a
definition for ``Allowances for Contractual Deductions and Bad Debt''
was added. ``Deferred Financing Costs'' was moved from the ``Limited
Use Assets'' to the ``Long Term Debt and Leases'' (previously ``Long
Term Debt and Capital Leases'') account. ``Right of Use Assets'' was
added to the ``Net PPE'' account. Some restricted and unrestricted net
asset accounts were combined and account names and definitions were
updated. A note was added to clarify that ``Bad Debt Expense'' can be
recorded as a separate line item, depending on the accounting reporting
standards being used.
HUD-94000-OHF Security Instrument/Mortgage/Deed of Trust. In
Section 1 (Definitions), the definition of Patient Accounts Receivables
was clarified in the definition of Accounts Receivables. The definition
of Personality and Mortgaged Property was revised to add the income or
sales distributed from a joint venture.
HUD-92466-OHF Hospital Regulatory Agreement--Borrower. Changes were
made to sections of the Regulatory Agreement as follows:
Section 1 and Section 49 (Definitions). Revised to include
definitions found in 24 CFR 242.1 and Handbook 4615.1 to provide
clarity. Definitions section from Appendix D was moved to Section 49.
Definition of Patient Accounts Receivables was added for Distribution
of Assets in Section 18 and Additional Indebtedness in Section 20.
Section 11--Property and Operations; Encumbrances. Added
new item (g) regarding Borrower notification to HUD.
Section 17--Transactions with Affiliates. Clarified
transactions with Affiliates regarding lower of fully allocated cost or
market value.
Section 18--Distribution of Assets. Changed Section
18(b)(v) to reflect financial requirements per 24 CFR 242.1 for the
Surplus Cash definition. Included definitions and ratios in Section 49.
[[Page 43156]]
Section 19--Board Review/Business Plan/Consultants'
Report. Added ``BOARD REVIEW'' to title for clarity. In Section
19(c)(iv), removed ``pro forma balance sheet'' as a deliverable and
clarified Business Plan deliverables to HUD for income statement and
cash flow analysis. Combined the roles of ``Review Consultant'' and
``Independent Consultant'' into one consultant to allow for more timely
review and cost savings for Borrower.
Section 20--Additional Indebtedness. Under Long Term Debt,
clarified when HUD consent is needed versus notification and timing;
added CEO to parties eligible to submit documentation for notification;
and added new section 20(a)(vi) to specify Borrower agreement to assets
becoming part of the Mortgaged Property at HUD's discretion upon
release of a lien. Under Unsecured Short-Term Debt, clarified when HUD
consent is needed versus notification and timing and added CEO to
parties eligible to submit documentation for notification. Added
Section 20(c) for Lines of Credit to apply to short-term and long-term
lines of credits secured by accounts receivable.
Section 21--Successor Clause. Removed Section 21(a).
Clarified successor clauses and definitions to emphasize HUD's option
for approval.
Section 29--Permits and Approvals. Added new Section 29(e)
regarding Borrower's responsibility to report accrediting organization
or entity findings to HUD upon occurrence, along with action plan
requirements.
Section 36--Actions Requiring Prior Written Approval of
HUD. Revised 36(g) to clarify when HUD approval is required for actions
impacting collateral under the FHA-insured mortgage. Added new item
36(q) for establishing, developing, or organizing a joint venture.
A. Responses to Public Comments Received
HUD received one comment regarding collection 2502-0602 during the
60-day comment period that closed on July 23, 2019. The comment
addressed an issue with the link to the posted documents online not
working correctly. HUD corrected the issue and responded to this
comment directly.
Respondents (i.e. affected public): Lenders/mortgage bankers,
borrowers/hospital management officials, attorneys, general
contractors/construction managers, architects/engineers, agents and
others involved in hospital projects, which may, at times include local
government entities and other third parties, as well as other agents
involved in hospital projects seeking FHA mortgage insurance.
Estimated Number of Respondents: 485.
Estimated Number of Responses: 1,069.
Frequency of Response: 2.2.
Average Hours per Response: 74.
Total Estimated Burdens: 79,426.
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 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: August 9, 2019.
Colette Pollard,
Department Reports Management Officer, Office of the Chief Information
Officer.
[FR Doc. 2019-17914 Filed 8-19-19; 8:45 am]
BILLING CODE 4210-67-P