30-Day Notice of Proposed Information Collection: Project Based Vouchers (PBV) Data Collection; OMB Control No.: 2577-NEW Collection, 60249-60255 [2020-21051]

Download as PDF Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Notices Agenda: To review and evaluate grant applications. Place: National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G51, Rockville, MD 20892 (Virtual Meeting). Contact Person: Amir E. Zeituni, Ph.D., Scientific Review Program, Division of Extramural Activities, Room 3G51, National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G51, Rockville, MD 20852– 9823, 301–496–2550, amir.zeituni@nih.gov. (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS) Dated: September 21, 2020. Tyeshia M. Roberson, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2020–21117 Filed 9–23–20; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Prospective Grant of an Exclusive Patent Commercialization License: Method of Treating Periodontal Disease via ENPP1 Inhibition AGENCY: National Institutes of Health, HHS. ACTION: Notice. The National Institute of Arthritis and Musculoskeletal and Skin Diseases, of the National Institutes of Health, Department of Health and Human Services, is contemplating the grant of an exclusive patent commercialization license to Petragen, Inc., a start-up company incorporated in the state of Delaware, to practice the inventions covered by the patent estate listed in the Supplementary Information section of this notice. This notice is intended to apprise the public of the aforementioned license and provide a fifteen (15) day notice period for the objection. DATES: Only written comments and/or applications for a license which are received by the National Heart, Lung, and Blood Institute Office of Technology Transfer and Development on or before October 9, 2020 will be considered. ADDRESSES: Requests for copies of patent applications (electronic only), inquiries, and comments relating to the contemplated an exclusive patent license should be emailed to: Benfeard Williams, II, Ph.D., Technology Transfer Manager, 31 Center Drive, Room 4A29, SUMMARY: VerDate Sep<11>2014 17:00 Sep 23, 2020 Jkt 250001 MSC 2479, Bethesda, MD 20892–2479, phone number 301–435–4507, or benfeard.williams@nih.gov. SUPPLEMENTARY INFORMATION: Intellectual Property (Patent Estate) HHS Ref. No. E–024–2018–0, U.S. Provisional Patent Application 62/ 590,824 filed November 27, 2017, International Patent Application PCT/ US2018/062593 filed November 27, 2018, Chinese Patent Application 201880076753.7 filed November 27, 2018, European Patent Application 18816451.1 filed November 27, 2018, Israeli Patent Application 274529 filed November 27, 2018 and U.S. Patent Application 16/765,420 filed May 19, 2020, and any and all continuation or divisional applications claiming priority to any of the above. The patent rights in these inventions have been assigned or exclusively licensed to the Government of the United States of America. The aforementioned patent estate covers methods of treating or preventing periodontal disease in a subject by administering an inhibitor of ENPP1. In addition, the claims cover pharmaceutical compositions for use in the treatment or prevention of periodontal disease, or for increasing cementum formation. In particular, the dependent claims cover ENPP1 inhibitors comprising analogues of ATP derivatives, wherein the ENPP1 inhibitor is bound to nanoparticles, nanofibers, suture materials, microspheres, polymers, fibers, matrices, gels, or a combination thereof. The treatment methods also include dependent claims wherein treating or preventing periodontal disease comprises increasing cementum formation and wherein the composition is formulated for injection in gum tissue, local delivery at a surgical flap, buccal delivery, delivery by a resorbable suture, delivery by a wound healing dressing, or a combination of the foregoing. Inhibition of the glycoprotein ENPP1 promotes cementum formation in mammals. Cementum, an avascular mineralized tooth root structure, attaches the tooth to the periodontal ligament and supporting bone. Cementum has limited turnover and subjects with periodontal disease experience localized loss of cementum resulting in the detachment of the periodontal ligament from the tooth root. Increasing cementum formation can be used to treat periodontal disease. The prospective exclusive license territory may be worldwide and in a field of use that may be limited to Therapeutics for periodontitis or PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 60249 gingivitis, and where the ‘‘Licensed Products’’ are expected to be inhibitors of ecto-nucleotide pyrophosphate/ phosphodiesterase-I (ENPP1) within the scope of the Licensed Patent Rights. This notice is made in accordance with 35 U.S.C. 209 and 37 CFR part 404. The prospective exclusive patent commercialization license will be royalty bearing. The prospective exclusive license may be granted unless within fifteen (15) days from the date of this published notice, the National Heart, Lung, and Blood Institute Office of Technology Transfer and Development receives written evidence and argument that establishes that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR part 404. In response to this Notice, the public may file comments or objections. Comments and objections, other than those in the form of a license application, will not be treated confidentially, and may be made publicly available. License applications submitted in response to this notice will be presumed to contain business confidential information and any release of information in these license applications will be made only as required and upon a request under the Freedom of Information Act, 5 U.S.C. 552. Dated: September 17, 2020. Bruce D. Goldstein, Director, Office of Technology Transfer and Development, National Heart, Lung, and Blood Institute. [FR Doc. 2020–21060 Filed 9–23–20; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–7024–N–40] 30-Day Notice of Proposed Information Collection: Project Based Vouchers (PBV) Data Collection; OMB Control No.: 2577–NEW Collection Office of the Chief Information Officer, Housing and Urban Development (HUD). ACTION: Notice. AGENCY: HUD has submitted the proposed information collection requirement described below to the Office of Management and Budget (OMB) for review, in accordance with the Paperwork Reduction Act. The purpose of this notice is to allow for an additional 30 days of public comment. SUMMARY: E:\FR\FM\24SEN1.SGM 24SEN1 60250 DATES: Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Notices Comments Due Date: October 26, 2020. Interested persons are invited to submit comments regarding this proposal. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ Start Printed Page 15501PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT: Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW, Washington, DC 20410; email Colette.Pollard@hud.gov or telephone 202–402–3400. Persons with hearing or speech impairments may access this number through TTY by calling the tollfree Federal Relay Service at (800) 877– 8339. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Pollard. SUPPLEMENTARY INFORMATION: This notice informs the public that HUD has submitted to OMB a request for approval of the information collection described in Section A. The Federal Register notice that solicited public comment on the information collection for a period of 60 days was published on December 26, 2019 at 84 FR 70986. 60 Day Collection: On December 26, 2019, at 84 FR 70986, HUD published its 60-day notice, the first notice for public comment required by the PRA, to commence the process for approval of the collection of certain data on Project Based-Vouchers (PBV) via an online form. HUD specifically solicited public comment on several issues. The 60-day public comment period ended on February 24, 2020. HUD received 13 comments. The following section, includes HUD’s responses to these comments, several of which prompted changes to the proposed data fields to be collected. Comment: A number of commenters replied that HUD collects a portion of this data in existing systems such as PIC or VMS, or through collection of data through the RAD conversion or subsidy layering review processes. They urged HUD to look at ways to utilize and aggregate existing data to reduce the amount of data that PHAs will have to enter for this PRA. HUD Response: HUD appreciates these commenters’ concerns that HUD may collect some of this information through existing processes and systems. While there is no systematic, universal ADDRESSES: VerDate Sep<11>2014 17:00 Sep 23, 2020 Jkt 250001 collection of data on PBV at the project level, HUD is aware that it does collect some information through systems such as PIC that could be useful for prepopulating fields. HUD will explore the feasibility of aggregating this data to prepopulate those fields that could be prepopulated. In addition, HUD anticipates that some of the current PBV reporting would be replaced by the new online form. Comment: Commenters expressed concern about the potential burden this data collection would have on PHAs. Specific concerns were addressed around the Department’s estimate of burden that estimated PHAs would report on this data 6 times per year. Some commenters suggested that PHAs should only have to report on this information annually. Other commenters stated that the estimated time suggested for each individual entry was too low at 1.5 hours and suggested a more accurate time estimate would be 3–4 hours per project. HUD response: HUD understands PHA concerns about burden and the estimate in the notice. First, HUD would like to clarify that this data would not be collected once a year or annually. This involves an initial one-time collection of data on PBV projects for PHAs. Any subsequent reporting would only be required when changes occurred on the project that would require the PHA to update any of the fields listed in the notice. Since most of the fields in the notice would not need to be updated during the course of the PBV contract, the burden hours after the initial collection would drop significantly. Comment: Several commenters expressed concern whether the information collection was designed to provide a systematic means to collect information or whether HUD intends to use this information collection to implement new regulations and other enforcement actions. HUD Response: The primary purpose of this collection is not to implement any enforcement actions. The purpose of the collection is for HUD to have data on the project level for this part of the HCV program which Comment: Several Commenters recommended that the Department make the data it collects easily available to the public in an easily accessible manner while maintaining all necessary protections for privacy for HCV families. HUD Response: HUD appreciates the concerns of commenters and is committed to making as much information public as feasible while protecting the legitimate privacy concerns of tenants and other stakeholders. PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 Comment: One commenter stated they do not specifically designate 504 accessible units until the tenant informs them and then they retrofit the unit. They indicated that it may be difficult to identify these units. HUD Response: For projects that come under new PBV Housing Assistance Payment (HAP) contracts, the online form will require that the PHA identify the PBV-assisted accessible units at the project. For projects under existing HAP contracts, the online form will include fields where the PHA may identify the PBV-assisted accessible units at the project. The PHA must enter this information if it has this information or can readily obtain this information. PHAs are strongly encouraged to make reasonable efforts to obtain this information and enter it into the online form as it would provide both HUD and the PHA with a more complete picture of the PHA’s accessible housing stock. Such information can be used by both HUD and the PHA to ensure that PBV projects meet the requirements for the minimum number of accessible units and that accessible units are occupied by persons with disabilities who require the accessibility features of the unit, in accordance with Section 504 of the Rehabilitation Act of 1973 and HUD’s implementing regulations at 24 CFR part 8. If a PHA makes alterations to a project that results in the creation of PBVassisted accessible units, this would be considered a change in the project and the PHA must report this change by updating the online form. Comment: One commenter asked in regard to the collection also requiring the identification of Section 504 mobility units and Section 504 visionand hearing-impaired units whether a number of units by bedroom size needs to be provided, or whether the specific units need to be identified. HUD Response: The online form will require the PHA to report the number of PBV-assisted units, by bedroom size, that are accessible to persons with mobility impairments or accessible to persons with hearing or vision impairments. The specific units will not need to be entered into the online form. Comment: Another commenter asked regarding the reporting of accessible units meeting either the UFAS or the 2010 ADA standards: whether the specific standard met would need to be identified. HUD Response: The online form will require the PHA to identify which accessibility standard was used. The online form will require the PHA to indicate whether the accessible unit meets UFAS or the Deeming Notice/ 2010 ADA standards, in accordance E:\FR\FM\24SEN1.SGM 24SEN1 Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Notices with HUD’s Notice on ‘‘Instructions for use of alternative accessibility standard,’’ published in the Federal Register on May 23, 2014 (‘‘Deeming’’). Collecting information on Section 504 accessible units that are not receiving PBV assistance that exist in properties where other units are receiving PBV assistance would have some usefulness in assessing the overall availability of accessible units in the community, neighborhood, municipality, etc. This usefulness would be limited, however, without a much broader inventory of accessible units. It also might be useful to individuals and service agencies in identifying accessible units for those seeking such units. The feasibility of collecting such information, however, will vary tremendously from project to project and will not be feasible in all situations. HUD strongly encourages PHAs to report the total number and bedroom distribution of accessible units at PBV projects (including PBV-assisted and non-PBV-assisted accessible units), as this would provide a more complete picture of whether the PBV project is providing the required minimum number of accessible units. However, HUD recognizes that PHAs may face challenges in collecting information on accessible units that are not receiving PBV assistance. The online form will contain a field that allows PHA to identify non-PBV-assisted accessible units at the project, but completion of this field will not be mandatory. Comment: One commenter discussed how burdensome the initial data collection would be for PHAs with many PBV contracts. The commenter suggested that, once the collection begins, PHAs enter the initial submission for new HAP/AHAP contracts at time of execution and enter all initial submissions for existing contracts at time of contract renewal. HUD Response: HUD understands that PHAs with many HAP contracts would have significant amounts of data to input on first submission. However, waiting until contract renewal would take many years for HUD to get a full picture of the PBV portfolio since HAP contracts may have initial terms of up to 20 years and extension terms of up to 20 years. Instead HUD will allow a phase-in period for existing contracts to be inputted once the collection begins. Additionally, HUD is mindful of the challenges facing PHAs in 2020 from the COVID–19 pandemic and does not plan on starting the clock on any collection in 2020. Comment: Some commenters suggested that for MTW agencies who already answer a few PBV questions on the MTW report, that it would be better VerDate Sep<11>2014 17:00 Sep 23, 2020 Jkt 250001 to add additional necessary questions there. HUD Response: The intent of this form is to centralize the collection of PBV data. It is HUD’s intention to remove PBV questions from the MTW report when this collection of PBV data actually occurs. Comment: One commenter said that MTW agencies can waive the independent entity requirement and so cannot adequately answer the question on the name of the independent entity for a PBV project on the form. HUD Response: MTW agencies may indicate that this question is not applicable to them, should they be implementing this waiver. Comment: One commenter pointed out that MTW agencies can waive the income-mixing requirement and there was no way to indicate that on the form. HUD Response: MTW agencies may indicate that this question is not applicable to them, should they be implementing this waiver. Comment: One commenter stated that the form asks if a PHA is exceeding the program cap with an exception and what that exception is. MTW agencies may waive the program cap without an exception. HUD Response: MTW agencies may indicate if they are waiving the program cap and are not applying any specific exceptions. B. Overview of Information Collection Title of Information Collection: Project Based Vouchers (PBV) Online Form. OMB Approval Number: Pending OMB Approval. Type of Request: New. Form Number: HUD is developing a standardized electronic system and data exchange standard for this collection and will provide a web service to support electronic file transfer using Java Script Object Notation (JSON). Within the scope of this collection, HUD requests the information in this notice from participating PHAs. Description of the need for the information and proposed use: Public Housing Agencies (PHAs) apply for funding to assist low-income families to lease housing. One of the programs through which PHAs provide housing assistance is the Housing Choice Voucher (HCV) Program, a tenant-based rental assistance program. This program operates by providing vouchers that cover a portion of the contract rent for a unit. Some PHAs project-base their vouchers (the rental assistance is connected to a unit, not a family). Project-based vouchers (PBVs) are becoming a larger percentage of PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 60251 PHAs overall HCV portfolios, rising from just over 110,000 in 2016 to approximately 215,000 in mid-2019. The PBV portfolio is expected to grow even more with the on-going conversion of up to 455,000 public housing units to project-based assistance under the Congressionally-authorized Rental Assistance Demonstration (RAD). HUD currently collects information on individual participants in the HCV program who are in PBV units and Project certificate (PBC) housing through the PIC system. In addition, HUD collects aggregate information on the total number of PBVs under contract at the PHA level. HUD currently does not systematically collect information on the project or development level for PBVs. This leaves a gap in HUD’s information collection of PBVs between the individual tenant data and the aggregated PHA data. HUD does not systematically collect information on the development or project level, including the number of units at PBV projects, what exceptions apply, their rents, the terms of contract, and numerous other potential data points. This creates a challenge for monitoring, tracking and analyzing PBV projects, and limits HUD’s ability to respond to requests for information on the PBV program from Congress and other sources. Additionally, it prevents HUD from having data with which to make informed decisions on risk-mitigation strategies with respect to PBVs. Potential risks are particularly heightened in the case of two specific program categories; Rental Assistance Demonstration (RAD) that transition to be Project Based Vouchers and PHAowned units where an independent entity performs inspections and determines the rent amounts. What distinguishes RAD PBVs from regular Project-Based Vouchers is the initial construction of public housing was paid for by HUD, rents are initially set below market level, and they are supposed to remain affordable in perpetuity. Currently, HUD has very limited information about RAD–PBV properties after their conversion and is unable to adequately monitor their long-term viability. PHA-owned PBVs pose a risk because PHAs may assist properties they own, subject to the independent entity requirement. In addition, many other non-RAD or PHA-owned projects, such as those with 100% PBVs serving disabled or requiring supporting services represent crucial affordable housing resources for vulnerable communities that cannot be quickly and easily replaced through providing a voucher. E:\FR\FM\24SEN1.SGM 24SEN1 60252 Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Notices Through this collection, HUD is requiring the submission of project-level data on all Project-Based Vouchers, including but not limited to Rental Assistance Demonstration Project Based-Vouchers, mixed-finance ProjectBased Vouchers, all Project-Based Vouchers at Moving to Work Agencies, and all Project Based Vouchers at nonMoving to Work Agencies. The fields of collection for PBV projects may include: HAP Contract Number Name of Project Address of Building(s) and Units Number of Units Under AHAP Number of Units Under HAP Contract by Bedroom Size Number of Total Units in the Project Structure Type Type: Existing, Rehabilitated, or Newly Constructed Effective Date(s) of HAP Contract Expiration Date Owner Name Owner Tax ID PHA-Owned, PHA Has Ownership Interest but Not PHA-Owned, No PHA Ownership Interest If PHA-Owned: Name of Independent Entity or Entities Other Related Programs: Tax Credit, RAD, HUD-insured, VASH, or Other Population Served: General, Homeless, Veterans, Families Eligible for Supportive Services, Families Receiving Supportive Services, Elderly Family, Disabled Family Does an Exception to the Income-Mixing Requirement Apply? If Yes, Which Exceptions(s) Supportive Services Available (Y/N)? Vacancy Payments Permitted (Y/N)? Program Cap Exception (Y/N)? Program Cap Exception Category Unique Project Building Code * HAP Contract Code * Number of RAD PBVs Use Restriction End Date Year Built Number and Bedroom Distribution of PBV-Assisted Section 504 Mobility Units at the Project Number and Bedroom Distribution of PBV-Assisted Section 504 Hearing/ Vision Units at the Project * The Unique Project Building Code and HAP Contract Code may be produced by the system or a protocol for numbering may be established by HUD. It is important to note that those fields that may not apply to MTW agencies because of exemptions to specific areas (for example, the program cap exception category) will not be required fields for those agencies. HUD recognizes that some of this information may be submitted to HUD, VerDate Sep<11>2014 17:00 Sep 23, 2020 Jkt 250001 for instance as part of the initial subsidy layering review process, however, these submissions are insufficient to give HUD a universal and currently accurate picture of the Project Based Voucher universe. Therefore, HUD is proposing this information collection. Type: Existing, Rehabilitation or Newly Constructed Definitions— Existing Housing HAP Contract Number Housing units that already exist on the proposal selection date and that substantially comply with the HQS on that date. A unique number assigned to a Form HUD–52530–A (PBV HAP Contract— New Construction Or Rehabilitation) or Form HUD–52530–B (PBV HAP Contract—Existing Housing) (hereinafter ‘‘HAP contract’’) executed for the project, which may be produced by the system or a protocol for numbering may be established by HUD. Name of Project The name of the project as determined by the PHA as used in public or property records (where such records contain a name of the property as a whole) or the commonly used name of the project (such as the name on a sign at the property entrance). If no such name exists, a name for the project designated by the PHA for use in the system. ‘‘Project’’ is defined consistent with 24 CFR 983.3(b) as ‘‘a single building, multiple contiguous buildings, or multiple buildings on contiguous parcels of land.’’ Address of Building(s) and Units The street address, city, state, and zip code of the building or buildings covered by the HAP contract and all units covered under the HAP contract. Number of Units Under HAP Contract by Bedroom Size The following definitions apply consistent with 24 CFR 983.3(b), as amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 2017): Rehabilitated Housing Housing units that exist on the proposal selection date, but do not substantially comply with the HQS on that date, and are developed, pursuant to an Agreement between the PHA and owner, for use under the PBV program. Newly Constructed Housing Housing units that do not exist on the proposal selection date and are developed after the date of selection pursuant to an Agreement between the PHA and owner for use under the PBV program. Upon amendment of 24 CFR 983.3(b), the new definitions therein will supersede the definitions listed here. Effective Date(s) of HAP Contract Effective date(s) listed in § 1(d) of Part 1 of the HAP contract. A single-stage project will have the same effective date for all contract units. For a multi-stage project, include the dates of each stage and the contract units covered by each stage. Expiration Date Total number of units in the project, including those covered by Form HUD– 52523–A and Form HUD–52523–B (Agreement to Enter into a Housing Assistance Payment Contract) (hereinafter ‘‘AHAP’’) or HAP contract and non-contract units. The HAP contract term end date, as determined by adding the length of the HAP contract term (initial and any extensions) to the effective date listed in § 1(d) of Part 1 of the HAP contract (for a multi-stage project, use the effective date of the first stage). The length of the initial and extension HAP contract terms shall be those listed in the HAP contract (for existing projects: § 1(d) of Part 1 of the Form HUD–52530–B HUD and associated exhibits; for newly constructed and rehabilitated projects: § 1(e) of Part 1 of the Form HUD–52530– A and associated exhibits). Structure Type Owner Name The most closely matching description of the project from among this list: Elevator Structure, Mixed Type, Row or Townhouse Style (Separate Entrances), Semi Detached, Single Family/Detached, Walkup/ Multifamily Apt (Shared Entrance). The owner name as listed in § 1(a) of Part 1 of the HAP contract and contact information (telephone and email). Total number of contract units in the project covered by the HAP contract, broken out by each bedroom size (0, 1, 2, 3, 4, 5+). Number of Total Units in the Project PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 Owner Tax ID The owner’s federal tax identification number. E:\FR\FM\24SEN1.SGM 24SEN1 Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Notices PHA-Owned, PHA Has Ownership Interest but Not PHA-Owned, No PHA Ownership Interest The following definitions apply consistent with 24 CFR part 983, as amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 2017): (1) PHA-owned: a. Owned by the PHA (which includes a PHA having a ‘‘controlling interest’’ in the entity that owns the unit); b. Owned by an entity wholly controlled by the PHA; or c. Owned by a limited liability company (LLC) or limited partnership in which the PHA (or an entity wholly controlled by the PHA) holds a controlling interest in the managing member or general partner. ‘‘Controlling interest’’ means: a. Holding more than 50 percent of the stock of any corporation; b. Having the power to appoint more than 50 percent of the members of the board of directors of a non-stock corporation (such as a non-profit corporation); c. Where more than 50 percent of the members of the board of directors of any corporation also serve as directors, officers, or employees of the PHA; d. Holding more than 50 percent of all managing member interests in an LLC; e. Holding more than 50 percent of all general partner interests in a partnership; or f. Having equivalent levels of control in other ownership structures. Most ownership structures are already covered in the categories listed above. This last category is meant to cover any ownership structure not already listed in the categories above. Also, under this category (f), a PHA must have more than 50 percent control in that ownership structure (an equivalent level of control) for the project to be considered PHAowned. (2) PHA ownership interest: An ownership interest means that the PHA or its officers, employees, or agents are in an entity that holds any direct or indirect interest in the project in which the units are located, including, but not limited to, an interest as: a. Titleholder; b. Lessee; c. Stockholder; d. Member, or general or limited partner; or e. Member of a limited liability corporation. (3) No PHA ownership interest: The PHA has no ownership interest in the property. Upon amendment of 24 CFR part 983, the new definitions therein will supersede the definitions listed here. VerDate Sep<11>2014 17:00 Sep 23, 2020 Jkt 250001 If PHA-Owned: Name of Independent Entity or Entities If the project is PHA-owned, the independent entity or entities which perform the following functions consistent with 24 CFR part 983: 1. Review the PHA’s PBV selection process. 2. Establish PBV contract rents (initial rent to owner and redetermined rent to owner). 3. Determine rent reasonableness. 4. Provide a copy of the rent reasonableness determination to the PHA and the HUD field office where the project is located. 5. Establish term of initial and any renewal HAP contract as required in 24 CFR 983.205. 6. Inspect units. 7. Provide a copy of the inspection report to PHA and HUD field office where the project is located. Other Related Programs: Tax Credit, RAD, HUD-Insured, VASH, or Other List any HUD voucher authority other than regular Housing Choice Vouchers used to provide PBVs to the project (e.g., RAD, VASH). List other governmental housing assistance from federal, state, or local agencies, including assistance such as tax concessions or tax credits (e.g., HUD-insured, Tax Credit). This is a required field for new projects and those that have been substantially rehabilitated. HUD encourages PHAs to submit data for other projects to the extent it is readily available. Population Served: General, Homeless, Veterans, Families Eligible for Supportive Services, Families Receiving Supportive Services, Elderly Family, Disabled Family List the population(s) served if the project contains units specifically made available for or exclusively made available to a specific population. If some units are not specifically made available for or exclusively made available to a specific population listed below, mark ‘‘General.’’ The definitions of each population are found in the following locations, consistent with 24 CFR parts 5, 983, as amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 2017): 1. Homeless: PIH Notice 2017–21, Attachment D. 2. Veterans: PIH Notice 2017–21, Attachment D. 3. Families eligible for supportive services: PIH Notice 2017–21, Attachments D and E. 4. Families receiving supportive services: PIH Notice 2017–21, Attachment E. PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 60253 5. Elderly family: 24 CFR 5.403. 6. Disabled family: 24 CFR 5.403. Upon amendment of 24 CFR part 983, the new definitions therein will supersede the definitions listed here. Does an Exception to the Income-Mixing Requirement Apply? Provide an answer (yes/no) to the question of whether the project qualifies for an exception to the income-mixing requirement under 24 CFR 983.56, as amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 2017). If Yes, Which Exception(s) Choose the applicable exception from among those allowed by 24 CFR 983.56, as amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 2017). The definitions of the exception categories are found in the following locations: 1. Units that are exclusively made available to households eligible for supportive services: PIH Notice 2017– 21, Attachment E. 2. Units that are specifically made available for families receiving supportive services: PIH Notice 2017– 21, Attachment E, for grandfathered projects as described therein. 3. Units that are exclusively made available to elderly families: PIH Notice 2017–21, Attachment E. 4. Units that are specifically made available for disabled families: PIH Notice 2017–21, Attachment E, for grandfathered projects as described therein. 5. Units located in a census tract with a poverty rate of 20 percent or less: PIH Notice 2017–21, Attachment E. 6. Units that were previously subject to certain federal rent restrictions or receiving another type of long-term housing subsidy provided by HUD: PIH Notice 2017–21, Attachment F, for projects that meet the additional requirements as described therein. 7. RAD PBV units: PIH Notice 2017– 21, Attachment F. 8. HUD–VASH vouchers specifically designated for project-based assistance: PIH Notice 2017–21, Attachment F. Upon amendment of 24 CFR part 983, the new definitions therein will supersede the definitions listed here. Supportive Services Required/Available If the project has supportive services available to residents so as to qualify for an exception to 24 CFR 983.56. Vacancy Payments Permitted Provide an answer (yes/no) to the question of whether the PHA has included the vacancy payment provision in this HAP contract (for existing projects: § 1(e)(2) of Part 1 of E:\FR\FM\24SEN1.SGM 24SEN1 60254 Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Notices the Form HUD–52530–B HUD; for newly constructed and rehabilitated projects: § 1(f)(2) of Part 1 of the Form HUD–52530–A). Program Cap Exception (Y/N)? Provide an answer (yes/no) to the question of whether the project qualifies for an exception to the program cap under 24 CFR 983.6, as amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 2017). Program Cap Exception Category 6. RAD PBV units: PIH Notice 2017– 21, Attachment F. 7. HUD–VASH vouchers specifically designated for project-based assistance: PIH Notice 2017–21, Attachment F. Upon amendment of 24 CFR part 983, the new definitions therein will supersede the definitions listed here. Unique Project Building Code * Code may be produced by the system or a protocol for numbering may be established by HUD. Use Restriction End Date Provide an answer (yes/no) to the question of whether the project is subject to a use restriction imposed by HUD. If yes, provide the end date of the use restriction. Choose the applicable exception from among those allowed by 24 CFR 983.6, as amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 2017). The definitions of the exception categories are found in the following locations: 1. Units that are specifically made available to house homeless individuals and families: PIH Notice 2017–21, Attachment D. 2. Units that are specifically made available to house families that are comprised of or include a veteran: PIH Notice 2017–21, Attachment D. 3. Units that provide supportive housing to persons with disabilities or to elderly persons: PIH Notice 2017–21, Attachment D. 4. Units located in a census tract with a poverty rate of 20 percent or less: PIH Notice 2017–21, Attachment D. 5. Units that were previously subject to certain federal rent restrictions or receiving another type of long-term housing subsidy provided by HUD: PIH Notice 2017–21, Attachment F, for projects that meet the additional requirements as described therein. Number of RAD PBVs Number of PBVs that converted under the Rental Assistance Demonstration Program. HAP Contract Number Code may be produced by the system or a protocol for numbering may be established by HUD. Year Built The year the project’s construction was first completed. Number and Bedroom Distribution of PBV-Assisted Section 504 Mobility Units at the Project This field captures the number of PBV-assisted units at the project that are accessible for persons with mobility impairments in accordance with Section 504 of the Rehabilitation Act of 1973 and HUD’s implementing regulations at 24 CFR part 8. Such units must meet either the Uniform Federal Accessibility Standards (UFAS) or 2010 Americans with Disabilities Act (ADA) Standards (in accordance with HUD’s Deeming Notice published in the Federal Register on May 23, 2014 (79 FR 29671)). For projects that come under new PBV Housing Assistance Payment (HAP) contracts, the online form will require that the PHA identify the PBVassisted accessible units at the project. For projects under existing HAP contracts, the online form will include fields where the PHA may identify the PBV-assisted accessible units at the project. The PHA must enter this information if it has this information or can readily obtain this information. Number and Bedroom Distribution of PBV-Assisted Section 504 Hearing/ Vision Units at the Project PHAs will be required to enter this information into the online form when a new project comes under HAP contract, and when project or development information changes. The unique project code identifier will tie to future potential changes to the 50058 which will permit linking HUD assistedtenants to HUD assisted-properties. This is a new information collection. Respondents (i.e., affected public): Public housing authorities (PHAs) that have project-based vouchers (PBVs) as a part of their portfolio Note: Preparer of this notice may substitute the chart for everything beginning with estimated number of respondents above: Information collection Number of respondents Frequency of response Responses per annum Burden hour per response Annual burden hours Hourly cost per response Annual cost PBV Property Information ............................. 668 6 4,008 1.5 6,012 $40.10 $241,018.20 Our burden estimate for the number of respondents is based on a recent VMS total of the number of PHAs reporting PBVs in VMS. It is assumed PHAs will have to do a one-time submission for all the projects as well as potentially make updates when changes occur to the PBV projects (frequency of responses). The ‘‘responses per annum’’ represents an estimate of the amount of PBV projects that will need to be entered into the system. This number is multiplied by the frequency of responses to arrive at an annual estimate of burden hours. This is then multiplied by median average wage of a ‘‘Management Analyst’’ according to the Bureau of Labor Statistics for 2019 to arrive at a total annual cost.1 Commenters stated that the initial input of this data would take more than the estimated 1.5 hours, however, it is important to consider that the 1.5 hours is an average between the higher amount of time required on the initial submission and the lower time required by subsequent updates which may only require updating one or two fields. It is anticipated that this cost will decline in subsequent years as PHAs only need to update information already in the system when changes are made to PBV projects. B. Solicitation of Public Comment This notice is soliciting comments from members of the public and affected 1 https://www.bls.gov/oes/current/oes131111.htm. VerDate Sep<11>2014 17:00 Sep 23, 2020 Jkt 250001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 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 E:\FR\FM\24SEN1.SGM 24SEN1 Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Notices information technology, e.g., permitting electronic submission of responses. (5) ways to minimize the burden of the collection of information on those who are to respond, including the use of automated collection techniques or other forms of information technology. 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. Department Reports Management Officer for the Office of the Chief Information Officer, Colette Pollard, having reviewed and approved this document, is delegating the authority to electronically sign this document to submitter, Nacheshia Foxx, who is the Federal Register Liaison for HUD, for purposes of publication in the Federal Register. Dated: September 18, 2020. Nacheshia Foxx, Federal Register Liaison for the Department of Housing and Urban Development. [FR Doc. 2020–21051 Filed 9–23–20; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–6235–N–01] Statutorily Mandated Designation of Difficult Development Areas and Qualified Census Tracts for 2021 Office of the Assistant Secretary for Policy Development and Research, Housing and Urban Development (HUD). ACTION: Notice. AGENCY: This document designates ‘‘Difficult Development Areas’’ (DDAs) and ‘‘Qualified Census Tracts’’ (QCTs) for purposes of the Low-Income Housing Credit (LIHTC) under Internal Revenue Code (IRC) Section 42. The United States Department of Housing and Urban Development (HUD) makes new DDA and QCT designations annually. SUMMARY: For questions on how areas are designated and on geographic definitions, contact Michael K. Hollar, Senior Economist, Public Finance and Regulatory Analysis Division, Office of Policy Development and Research, Department of Housing and Urban Development, 451 Seventh Street SW, Room 8216, Washington, DC 20410–6000; telephone number 202– 402–5878, or send an email to Michael.K.Hollar@hud.gov. For specific legal questions pertaining to Section 42, FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 17:00 Sep 23, 2020 Jkt 250001 Office of the Associate Chief Counsel, Passthroughs and Special Industries, Internal Revenue Service, 1111 Constitution Avenue NW, Washington, DC 20224; telephone number 202–317– 4137. For questions about the ‘‘HUBZone’’ program, contact Bruce Purdy, Deputy Director, HUBZone Program, Office of Government Contracting and Business Development, U.S. Small Business Administration, 409 Third Street SW, Suite 8800, Washington, DC 20416; telephone number 202–205–7554, or send an email to hubzone@sba.gov. (These are not tollfree telephone numbers.) A text telephone is available for persons with hearing or speech impairments at 800– 877–8339. Additional copies of this notice are available through HUD User at 800–245–2691 for a small fee to cover duplication and mailing costs. SUPPLEMENTARY INFORMATION: Copies Available Electronically: This notice and additional information about DDAs and QCTs including the lists of DDAs and QCTs are available electronically on the internet at https:// www.huduser.gov/portal/datasets/ qct.html. I. This Notice Under IRC Section 42(d)(5)(B)(iii)(I), for purposes of the LIHTC, the Secretary of HUD must designate DDAs, which are areas with high construction, land, and utility costs relative to area median gross income (AMGI). This notice designates DDAs for each of the 50 states, the District of Columbia, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands. HUD makes the designations of DDAs in this notice based on modified Fiscal Year (FY) 2020 Small Area Fair Market Rents (Small Area FMRs), FY 2020 nonmetropolitan county FMRs, FY 2020 income limits, and 2010 Census population counts, as explained below. Similarly, under IRC Section 42(d)(5)(B)(ii)(I), the Secretary of HUD must designate QCTs, which are areas where either 50 percent or more of the households have an income less than 60 percent of the AMGI for such year or have a poverty rate of at least 25 percent. This notice designates QCTs based on new income and poverty data released in the American Community Survey (ACS). Specifically, HUD relies on the most recent three sets of ACS data to ensure that anomalous estimates, due to sampling, do not affect the QCT status of tracts. II. Data Used To Designate DDAs HUD uses data from the 2010 Census on total population of metropolitan PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 60255 areas, metropolitan ZIP Code Tabulation Areas (ZCTAs), and nonmetropolitan areas in the designation of DDAs. The Office of Management and Budget (OMB) published updated metropolitan areas in OMB Bulletin No. 15–01 on July 15, 2015. FY 2020 FMRs and FY 2020 income limits HUD uses to designate DDAs are based on these metropolitan statistical area (MSA) definitions, with modifications to account for substantial differences in rental housing markets (and, in some cases, median income levels) within MSAs. HUD calculates Small Area FMRs for the ZCTAs, or portions of ZCTAs within the metropolitan areas defined by OMB Bulletin No. 15–01. III. Data HUD Uses To Designate QCTs HUD uses data from the 2010 Census on total population of census tracts, metropolitan areas, and the nonmetropolitan parts of states in the designation of QCTs. The FY 2020 income limits HUD uses to designate QCTs are based on these MSA definitions with modifications to account for substantial differences in rental housing markets (and in some cases median income levels) within MSAs. In this QCT designation, HUD uses the OMB metropolitan area definitions published in OMB Bulletin No. 15–01 on July 15, 2015, without modification for purposes of evaluating how many census tracts can be designated under the population cap but uses the HUD-modified definitions and their associated area median incomes for determining QCT eligibility. Because the 2010 Decennial Census did not include questions on respondent household income, HUD uses ACS data to designate QCTs. The ACS tabulates data collected over 5 years to provide estimates of socioeconomic variables for small areas containing fewer than 65,000 persons, such as census tracts. Due to sample-related anomalies in estimates from year to year, HUD utilizes three sets of ACS tabulations to ensure that anomalous estimates do not affect QCT status. IV. Disaster Relief On March 13, 2020, the President issued major disaster declarations under the authority of the Stafford Act with respect to all 50 States, the District of Columbia, and 5 territories (American Samoa, Guam, Puerto Rico, Northern Mariana Islands, and the U.S. Virgin Islands) to assist with additional needs identified under the nationwide emergency declaration for COVID–19. In the context of a Presidentially-declared Major Disaster, IRS Revenue Procedure 2014–49, 2014–37 I.R.B. 535, provides E:\FR\FM\24SEN1.SGM 24SEN1

Agencies

[Federal Register Volume 85, Number 186 (Thursday, September 24, 2020)]
[Notices]
[Pages 60249-60255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21051]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7024-N-40]


30-Day Notice of Proposed Information Collection: Project Based 
Vouchers (PBV) Data Collection; OMB Control No.: 2577-NEW Collection

AGENCY: Office of the Chief Information Officer, Housing and Urban 
Development (HUD).

ACTION: Notice.

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SUMMARY: HUD has submitted the proposed information collection 
requirement described below to the Office of Management and Budget 
(OMB) for review, in accordance with the Paperwork Reduction Act. The 
purpose of this notice is to allow for an additional 30 days of public 
comment.

[[Page 60250]]


DATES: Comments Due Date: October 26, 2020.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposal. Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/Start Printed Page 
15501PRAMain. Find this particular information collection by selecting 
``Currently under 30-day Review--Open for Public Comments'' or by using 
the search function.

FOR FURTHER INFORMATION CONTACT: Colette Pollard, Reports Management 
Officer, QDAM, Department of Housing and Urban Development, 451 7th 
Street SW, Washington, DC 20410; email [email protected] or 
telephone 202-402-3400. Persons with hearing or speech impairments may 
access this number through TTY by calling the toll-free Federal Relay 
Service at (800) 877-8339. This is not a toll-free number. Copies of 
available documents submitted to OMB may be obtained from Ms. Pollard.

SUPPLEMENTARY INFORMATION: This notice informs the public that HUD has 
submitted to OMB a request for approval of the information collection 
described in Section A. The Federal Register notice that solicited 
public comment on the information collection for a period of 60 days 
was published on December 26, 2019 at 84 FR 70986.
    60 Day Collection:
    On December 26, 2019, at 84 FR 70986, HUD published its 60-day 
notice, the first notice for public comment required by the PRA, to 
commence the process for approval of the collection of certain data on 
Project Based-Vouchers (PBV) via an online form. HUD specifically 
solicited public comment on several issues. The 60-day public comment 
period ended on February 24, 2020. HUD received 13 comments. The 
following section, includes HUD's responses to these comments, several 
of which prompted changes to the proposed data fields to be collected.
    Comment: A number of commenters replied that HUD collects a portion 
of this data in existing systems such as PIC or VMS, or through 
collection of data through the RAD conversion or subsidy layering 
review processes. They urged HUD to look at ways to utilize and 
aggregate existing data to reduce the amount of data that PHAs will 
have to enter for this PRA.
    HUD Response: HUD appreciates these commenters' concerns that HUD 
may collect some of this information through existing processes and 
systems. While there is no systematic, universal collection of data on 
PBV at the project level, HUD is aware that it does collect some 
information through systems such as PIC that could be useful for 
prepopulating fields. HUD will explore the feasibility of aggregating 
this data to prepopulate those fields that could be prepopulated. In 
addition, HUD anticipates that some of the current PBV reporting would 
be replaced by the new online form.
    Comment: Commenters expressed concern about the potential burden 
this data collection would have on PHAs. Specific concerns were 
addressed around the Department's estimate of burden that estimated 
PHAs would report on this data 6 times per year. Some commenters 
suggested that PHAs should only have to report on this information 
annually. Other commenters stated that the estimated time suggested for 
each individual entry was too low at 1.5 hours and suggested a more 
accurate time estimate would be 3-4 hours per project.
    HUD response: HUD understands PHA concerns about burden and the 
estimate in the notice. First, HUD would like to clarify that this data 
would not be collected once a year or annually. This involves an 
initial one-time collection of data on PBV projects for PHAs. Any 
subsequent reporting would only be required when changes occurred on 
the project that would require the PHA to update any of the fields 
listed in the notice. Since most of the fields in the notice would not 
need to be updated during the course of the PBV contract, the burden 
hours after the initial collection would drop significantly.
    Comment: Several commenters expressed concern whether the 
information collection was designed to provide a systematic means to 
collect information or whether HUD intends to use this information 
collection to implement new regulations and other enforcement actions.
    HUD Response: The primary purpose of this collection is not to 
implement any enforcement actions. The purpose of the collection is for 
HUD to have data on the project level for this part of the HCV program 
which
    Comment: Several Commenters recommended that the Department make 
the data it collects easily available to the public in an easily 
accessible manner while maintaining all necessary protections for 
privacy for HCV families.
    HUD Response: HUD appreciates the concerns of commenters and is 
committed to making as much information public as feasible while 
protecting the legitimate privacy concerns of tenants and other 
stakeholders.
    Comment: One commenter stated they do not specifically designate 
504 accessible units until the tenant informs them and then they 
retrofit the unit. They indicated that it may be difficult to identify 
these units.
    HUD Response: For projects that come under new PBV Housing 
Assistance Payment (HAP) contracts, the online form will require that 
the PHA identify the PBV-assisted accessible units at the project. For 
projects under existing HAP contracts, the online form will include 
fields where the PHA may identify the PBV-assisted accessible units at 
the project. The PHA must enter this information if it has this 
information or can readily obtain this information. PHAs are strongly 
encouraged to make reasonable efforts to obtain this information and 
enter it into the online form as it would provide both HUD and the PHA 
with a more complete picture of the PHA's accessible housing stock. 
Such information can be used by both HUD and the PHA to ensure that PBV 
projects meet the requirements for the minimum number of accessible 
units and that accessible units are occupied by persons with 
disabilities who require the accessibility features of the unit, in 
accordance with Section 504 of the Rehabilitation Act of 1973 and HUD's 
implementing regulations at 24 CFR part 8. If a PHA makes alterations 
to a project that results in the creation of PBV-assisted accessible 
units, this would be considered a change in the project and the PHA 
must report this change by updating the online form.
    Comment: One commenter asked in regard to the collection also 
requiring the identification of Section 504 mobility units and Section 
504 vision- and hearing-impaired units whether a number of units by 
bedroom size needs to be provided, or whether the specific units need 
to be identified.
    HUD Response: The online form will require the PHA to report the 
number of PBV-assisted units, by bedroom size, that are accessible to 
persons with mobility impairments or accessible to persons with hearing 
or vision impairments. The specific units will not need to be entered 
into the online form.
    Comment: Another commenter asked regarding the reporting of 
accessible units meeting either the UFAS or the 2010 ADA standards: 
whether the specific standard met would need to be identified.
    HUD Response: The online form will require the PHA to identify 
which accessibility standard was used. The online form will require the 
PHA to indicate whether the accessible unit meets UFAS or the Deeming 
Notice/2010 ADA standards, in accordance

[[Page 60251]]

with HUD's Notice on ``Instructions for use of alternative 
accessibility standard,'' published in the Federal Register on May 23, 
2014 (``Deeming'').
    Collecting information on Section 504 accessible units that are not 
receiving PBV assistance that exist in properties where other units are 
receiving PBV assistance would have some usefulness in assessing the 
overall availability of accessible units in the community, 
neighborhood, municipality, etc. This usefulness would be limited, 
however, without a much broader inventory of accessible units. It also 
might be useful to individuals and service agencies in identifying 
accessible units for those seeking such units. The feasibility of 
collecting such information, however, will vary tremendously from 
project to project and will not be feasible in all situations. HUD 
strongly encourages PHAs to report the total number and bedroom 
distribution of accessible units at PBV projects (including PBV-
assisted and non-PBV-assisted accessible units), as this would provide 
a more complete picture of whether the PBV project is providing the 
required minimum number of accessible units. However, HUD recognizes 
that PHAs may face challenges in collecting information on accessible 
units that are not receiving PBV assistance. The online form will 
contain a field that allows PHA to identify non-PBV-assisted accessible 
units at the project, but completion of this field will not be 
mandatory.
    Comment: One commenter discussed how burdensome the initial data 
collection would be for PHAs with many PBV contracts. The commenter 
suggested that, once the collection begins, PHAs enter the initial 
submission for new HAP/AHAP contracts at time of execution and enter 
all initial submissions for existing contracts at time of contract 
renewal.
    HUD Response: HUD understands that PHAs with many HAP contracts 
would have significant amounts of data to input on first submission. 
However, waiting until contract renewal would take many years for HUD 
to get a full picture of the PBV portfolio since HAP contracts may have 
initial terms of up to 20 years and extension terms of up to 20 years. 
Instead HUD will allow a phase-in period for existing contracts to be 
inputted once the collection begins. Additionally, HUD is mindful of 
the challenges facing PHAs in 2020 from the COVID-19 pandemic and does 
not plan on starting the clock on any collection in 2020.
    Comment: Some commenters suggested that for MTW agencies who 
already answer a few PBV questions on the MTW report, that it would be 
better to add additional necessary questions there.
    HUD Response: The intent of this form is to centralize the 
collection of PBV data. It is HUD's intention to remove PBV questions 
from the MTW report when this collection of PBV data actually occurs.
    Comment: One commenter said that MTW agencies can waive the 
independent entity requirement and so cannot adequately answer the 
question on the name of the independent entity for a PBV project on the 
form.
    HUD Response: MTW agencies may indicate that this question is not 
applicable to them, should they be implementing this waiver.
    Comment: One commenter pointed out that MTW agencies can waive the 
income-mixing requirement and there was no way to indicate that on the 
form.
    HUD Response: MTW agencies may indicate that this question is not 
applicable to them, should they be implementing this waiver.
    Comment: One commenter stated that the form asks if a PHA is 
exceeding the program cap with an exception and what that exception is. 
MTW agencies may waive the program cap without an exception.
    HUD Response: MTW agencies may indicate if they are waiving the 
program cap and are not applying any specific exceptions.

B. Overview of Information Collection

    Title of Information Collection: Project Based Vouchers (PBV) 
Online Form.
    OMB Approval Number: Pending OMB Approval.
    Type of Request: New.
    Form Number: HUD is developing a standardized electronic system and 
data exchange standard for this collection and will provide a web 
service to support electronic file transfer using Java Script Object 
Notation (JSON). Within the scope of this collection, HUD requests the 
information in this notice from participating PHAs.
    Description of the need for the information and proposed use:
    Public Housing Agencies (PHAs) apply for funding to assist low-
income families to lease housing. One of the programs through which 
PHAs provide housing assistance is the Housing Choice Voucher (HCV) 
Program, a tenant-based rental assistance program. This program 
operates by providing vouchers that cover a portion of the contract 
rent for a unit. Some PHAs project-base their vouchers (the rental 
assistance is connected to a unit, not a family). Project-based 
vouchers (PBVs) are becoming a larger percentage of PHAs overall HCV 
portfolios, rising from just over 110,000 in 2016 to approximately 
215,000 in mid-2019. The PBV portfolio is expected to grow even more 
with the on-going conversion of up to 455,000 public housing units to 
project-based assistance under the Congressionally-authorized Rental 
Assistance Demonstration (RAD). HUD currently collects information on 
individual participants in the HCV program who are in PBV units and 
Project certificate (PBC) housing through the PIC system. In addition, 
HUD collects aggregate information on the total number of PBVs under 
contract at the PHA level. HUD currently does not systematically 
collect information on the project or development level for PBVs.
    This leaves a gap in HUD's information collection of PBVs between 
the individual tenant data and the aggregated PHA data. HUD does not 
systematically collect information on the development or project level, 
including the number of units at PBV projects, what exceptions apply, 
their rents, the terms of contract, and numerous other potential data 
points. This creates a challenge for monitoring, tracking and analyzing 
PBV projects, and limits HUD's ability to respond to requests for 
information on the PBV program from Congress and other sources. 
Additionally, it prevents HUD from having data with which to make 
informed decisions on risk-mitigation strategies with respect to PBVs.
    Potential risks are particularly heightened in the case of two 
specific program categories; Rental Assistance Demonstration (RAD) that 
transition to be Project Based Vouchers and PHA-owned units where an 
independent entity performs inspections and determines the rent 
amounts. What distinguishes RAD PBVs from regular Project-Based 
Vouchers is the initial construction of public housing was paid for by 
HUD, rents are initially set below market level, and they are supposed 
to remain affordable in perpetuity. Currently, HUD has very limited 
information about RAD-PBV properties after their conversion and is 
unable to adequately monitor their long-term viability. PHA-owned PBVs 
pose a risk because PHAs may assist properties they own, subject to the 
independent entity requirement. In addition, many other non-RAD or PHA-
owned projects, such as those with 100% PBVs serving disabled or 
requiring supporting services represent crucial affordable housing 
resources for vulnerable communities that cannot be quickly and easily 
replaced through providing a voucher.

[[Page 60252]]

    Through this collection, HUD is requiring the submission of 
project-level data on all Project-Based Vouchers, including but not 
limited to Rental Assistance Demonstration Project Based-Vouchers, 
mixed-finance Project-Based Vouchers, all Project-Based Vouchers at 
Moving to Work Agencies, and all Project Based Vouchers at non-Moving 
to Work Agencies.
    The fields of collection for PBV projects may include:

HAP Contract Number
Name of Project
Address of Building(s) and Units
Number of Units Under AHAP
Number of Units Under HAP Contract by Bedroom Size
Number of Total Units in the Project
Structure Type
Type: Existing, Rehabilitated, or Newly Constructed
Effective Date(s) of HAP Contract
Expiration Date
Owner Name
Owner Tax ID
PHA-Owned, PHA Has Ownership Interest but Not PHA-Owned, No PHA 
Ownership Interest
If PHA-Owned: Name of Independent Entity or Entities
Other Related Programs: Tax Credit, RAD, HUD-insured, VASH, or Other
Population Served: General, Homeless, Veterans, Families Eligible for 
Supportive Services, Families Receiving Supportive Services, Elderly 
Family, Disabled Family
Does an Exception to the Income-Mixing Requirement Apply?
If Yes, Which Exceptions(s)
Supportive Services Available (Y/N)?
Vacancy Payments Permitted (Y/N)?
Program Cap Exception (Y/N)?
Program Cap Exception Category
Unique Project Building Code *
HAP Contract Code *
Number of RAD PBVs
Use Restriction End Date
Year Built
Number and Bedroom Distribution of PBV-Assisted Section 504 Mobility 
Units at the Project
Number and Bedroom Distribution of PBV-Assisted Section 504 Hearing/
Vision Units at the Project

* The Unique Project Building Code and HAP Contract Code may be 
produced by the system or a protocol for numbering may be established 
by HUD.

    It is important to note that those fields that may not apply to MTW 
agencies because of exemptions to specific areas (for example, the 
program cap exception category) will not be required fields for those 
agencies.
    HUD recognizes that some of this information may be submitted to 
HUD, for instance as part of the initial subsidy layering review 
process, however, these submissions are insufficient to give HUD a 
universal and currently accurate picture of the Project Based Voucher 
universe. Therefore, HUD is proposing this information collection.

Definitions--

HAP Contract Number
    A unique number assigned to a Form HUD-52530-A (PBV HAP Contract--
New Construction Or Rehabilitation) or Form HUD-52530-B (PBV HAP 
Contract--Existing Housing) (hereinafter ``HAP contract'') executed for 
the project, which may be produced by the system or a protocol for 
numbering may be established by HUD.
Name of Project
    The name of the project as determined by the PHA as used in public 
or property records (where such records contain a name of the property 
as a whole) or the commonly used name of the project (such as the name 
on a sign at the property entrance). If no such name exists, a name for 
the project designated by the PHA for use in the system. ``Project'' is 
defined consistent with 24 CFR 983.3(b) as ``a single building, 
multiple contiguous buildings, or multiple buildings on contiguous 
parcels of land.''
Address of Building(s) and Units
    The street address, city, state, and zip code of the building or 
buildings covered by the HAP contract and all units covered under the 
HAP contract.
Number of Units Under HAP Contract by Bedroom Size
    Total number of contract units in the project covered by the HAP 
contract, broken out by each bedroom size (0, 1, 2, 3, 4, 5+).
Number of Total Units in the Project
    Total number of units in the project, including those covered by 
Form HUD-52523-A and Form HUD-52523-B (Agreement to Enter into a 
Housing Assistance Payment Contract) (hereinafter ``AHAP'') or HAP 
contract and non-contract units.
Structure Type
    The most closely matching description of the project from among 
this list: Elevator Structure, Mixed Type, Row or Townhouse Style 
(Separate Entrances), Semi Detached, Single Family/Detached, Walkup/
Multifamily Apt (Shared Entrance).
Type: Existing, Rehabilitation or Newly Constructed
    The following definitions apply consistent with 24 CFR 983.3(b), as 
amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 2017):
Existing Housing
    Housing units that already exist on the proposal selection date and 
that substantially comply with the HQS on that date.
Rehabilitated Housing
    Housing units that exist on the proposal selection date, but do not 
substantially comply with the HQS on that date, and are developed, 
pursuant to an Agreement between the PHA and owner, for use under the 
PBV program.
Newly Constructed Housing
    Housing units that do not exist on the proposal selection date and 
are developed after the date of selection pursuant to an Agreement 
between the PHA and owner for use under the PBV program.
    Upon amendment of 24 CFR 983.3(b), the new definitions therein will 
supersede the definitions listed here.
Effective Date(s) of HAP Contract
    Effective date(s) listed in Sec.  1(d) of Part 1 of the HAP 
contract. A single-stage project will have the same effective date for 
all contract units. For a multi-stage project, include the dates of 
each stage and the contract units covered by each stage.
Expiration Date
    The HAP contract term end date, as determined by adding the length 
of the HAP contract term (initial and any extensions) to the effective 
date listed in Sec.  1(d) of Part 1 of the HAP contract (for a multi-
stage project, use the effective date of the first stage). The length 
of the initial and extension HAP contract terms shall be those listed 
in the HAP contract (for existing projects: Sec.  1(d) of Part 1 of the 
Form HUD-52530-B HUD and associated exhibits; for newly constructed and 
rehabilitated projects: Sec.  1(e) of Part 1 of the Form HUD-52530-A 
and associated exhibits).
Owner Name
    The owner name as listed in Sec.  1(a) of Part 1 of the HAP 
contract and contact information (telephone and email).
Owner Tax ID
    The owner's federal tax identification number.

[[Page 60253]]

PHA-Owned, PHA Has Ownership Interest but Not PHA-Owned, No PHA 
Ownership Interest
    The following definitions apply consistent with 24 CFR part 983, as 
amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 2017):
    (1) PHA-owned:
    a. Owned by the PHA (which includes a PHA having a ``controlling 
interest'' in the entity that owns the unit);
    b. Owned by an entity wholly controlled by the PHA; or
    c. Owned by a limited liability company (LLC) or limited 
partnership in which the PHA (or an entity wholly controlled by the 
PHA) holds a controlling interest in the managing member or general 
partner.
    ``Controlling interest'' means:
    a. Holding more than 50 percent of the stock of any corporation;
    b. Having the power to appoint more than 50 percent of the members 
of the board of directors of a non-stock corporation (such as a non-
profit corporation);
    c. Where more than 50 percent of the members of the board of 
directors of any corporation also serve as directors, officers, or 
employees of the PHA;
    d. Holding more than 50 percent of all managing member interests in 
an LLC;
    e. Holding more than 50 percent of all general partner interests in 
a partnership; or
    f. Having equivalent levels of control in other ownership 
structures. Most ownership structures are already covered in the 
categories listed above. This last category is meant to cover any 
ownership structure not already listed in the categories above. Also, 
under this category (f), a PHA must have more than 50 percent control 
in that ownership structure (an equivalent level of control) for the 
project to be considered PHA-owned.
    (2) PHA ownership interest: An ownership interest means that the 
PHA or its officers, employees, or agents are in an entity that holds 
any direct or indirect interest in the project in which the units are 
located, including, but not limited to, an interest as:
    a. Titleholder;
    b. Lessee;
    c. Stockholder;
    d. Member, or general or limited partner; or
    e. Member of a limited liability corporation.
    (3) No PHA ownership interest: The PHA has no ownership interest in 
the property.
    Upon amendment of 24 CFR part 983, the new definitions therein will 
supersede the definitions listed here.
If PHA-Owned: Name of Independent Entity or Entities
    If the project is PHA-owned, the independent entity or entities 
which perform the following functions consistent with 24 CFR part 983:
    1. Review the PHA's PBV selection process.
    2. Establish PBV contract rents (initial rent to owner and 
redetermined rent to owner).
    3. Determine rent reasonableness.
    4. Provide a copy of the rent reasonableness determination to the 
PHA and the HUD field office where the project is located.
    5. Establish term of initial and any renewal HAP contract as 
required in 24 CFR 983.205.
    6. Inspect units.
    7. Provide a copy of the inspection report to PHA and HUD field 
office where the project is located.
Other Related Programs: Tax Credit, RAD, HUD-Insured, VASH, or Other
    List any HUD voucher authority other than regular Housing Choice 
Vouchers used to provide PBVs to the project (e.g., RAD, VASH). List 
other governmental housing assistance from federal, state, or local 
agencies, including assistance such as tax concessions or tax credits 
(e.g., HUD-insured, Tax Credit). This is a required field for new 
projects and those that have been substantially rehabilitated. HUD 
encourages PHAs to submit data for other projects to the extent it is 
readily available.
Population Served: General, Homeless, Veterans, Families Eligible for 
Supportive Services, Families Receiving Supportive Services, Elderly 
Family, Disabled Family
    List the population(s) served if the project contains units 
specifically made available for or exclusively made available to a 
specific population. If some units are not specifically made available 
for or exclusively made available to a specific population listed 
below, mark ``General.'' The definitions of each population are found 
in the following locations, consistent with 24 CFR parts 5, 983, as 
amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 2017):
    1. Homeless: PIH Notice 2017-21, Attachment D.
    2. Veterans: PIH Notice 2017-21, Attachment D.
    3. Families eligible for supportive services: PIH Notice 2017-21, 
Attachments D and E.
    4. Families receiving supportive services: PIH Notice 2017-21, 
Attachment E.
    5. Elderly family: 24 CFR 5.403.
    6. Disabled family: 24 CFR 5.403.
    Upon amendment of 24 CFR part 983, the new definitions therein will 
supersede the definitions listed here.
Does an Exception to the Income-Mixing Requirement Apply?
    Provide an answer (yes/no) to the question of whether the project 
qualifies for an exception to the income-mixing requirement under 24 
CFR 983.56, as amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 
14, 2017).
If Yes, Which Exception(s)
    Choose the applicable exception from among those allowed by 24 CFR 
983.56, as amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 
2017). The definitions of the exception categories are found in the 
following locations:
    1. Units that are exclusively made available to households eligible 
for supportive services: PIH Notice 2017-21, Attachment E.
    2. Units that are specifically made available for families 
receiving supportive services: PIH Notice 2017-21, Attachment E, for 
grandfathered projects as described therein.
    3. Units that are exclusively made available to elderly families: 
PIH Notice 2017-21, Attachment E.
    4. Units that are specifically made available for disabled 
families: PIH Notice 2017-21, Attachment E, for grandfathered projects 
as described therein.
    5. Units located in a census tract with a poverty rate of 20 
percent or less: PIH Notice 2017-21, Attachment E.
    6. Units that were previously subject to certain federal rent 
restrictions or receiving another type of long-term housing subsidy 
provided by HUD: PIH Notice 2017-21, Attachment F, for projects that 
meet the additional requirements as described therein.
    7. RAD PBV units: PIH Notice 2017-21, Attachment F.
    8. HUD-VASH vouchers specifically designated for project-based 
assistance: PIH Notice 2017-21, Attachment F.
    Upon amendment of 24 CFR part 983, the new definitions therein will 
supersede the definitions listed here.
Supportive Services Required/Available
    If the project has supportive services available to residents so as 
to qualify for an exception to 24 CFR 983.56.
Vacancy Payments Permitted
    Provide an answer (yes/no) to the question of whether the PHA has 
included the vacancy payment provision in this HAP contract (for 
existing projects: Sec.  1(e)(2) of Part 1 of

[[Page 60254]]

the Form HUD-52530-B HUD; for newly constructed and rehabilitated 
projects: Sec.  1(f)(2) of Part 1 of the Form HUD-52530-A).
Program Cap Exception (Y/N)?
    Provide an answer (yes/no) to the question of whether the project 
qualifies for an exception to the program cap under 24 CFR 983.6, as 
amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 2017).
Program Cap Exception Category
    Choose the applicable exception from among those allowed by 24 CFR 
983.6, as amended by 82 FR 5458 (Jan. 18, 2017), 82 FR 32461 (Jul. 14, 
2017). The definitions of the exception categories are found in the 
following locations:
    1. Units that are specifically made available to house homeless 
individuals and families: PIH Notice 2017-21, Attachment D.
    2. Units that are specifically made available to house families 
that are comprised of or include a veteran: PIH Notice 2017-21, 
Attachment D.
    3. Units that provide supportive housing to persons with 
disabilities or to elderly persons: PIH Notice 2017-21, Attachment D.
    4. Units located in a census tract with a poverty rate of 20 
percent or less: PIH Notice 2017-21, Attachment D.
    5. Units that were previously subject to certain federal rent 
restrictions or receiving another type of long-term housing subsidy 
provided by HUD: PIH Notice 2017-21, Attachment F, for projects that 
meet the additional requirements as described therein.
    6. RAD PBV units: PIH Notice 2017-21, Attachment F.
    7. HUD-VASH vouchers specifically designated for project-based 
assistance: PIH Notice 2017-21, Attachment F.
    Upon amendment of 24 CFR part 983, the new definitions therein will 
supersede the definitions listed here.
Unique Project Building Code *
    Code may be produced by the system or a protocol for numbering may 
be established by HUD.
Use Restriction End Date
    Provide an answer (yes/no) to the question of whether the project 
is subject to a use restriction imposed by HUD. If yes, provide the end 
date of the use restriction.
Number of RAD PBVs
    Number of PBVs that converted under the Rental Assistance 
Demonstration Program.
HAP Contract Number
    Code may be produced by the system or a protocol for numbering may 
be established by HUD.
Year Built
    The year the project's construction was first completed.
Number and Bedroom Distribution of PBV-Assisted Section 504 Mobility 
Units at the Project
    This field captures the number of PBV-assisted units at the project 
that are accessible for persons with mobility impairments in accordance 
with Section 504 of the Rehabilitation Act of 1973 and HUD's 
implementing regulations at 24 CFR part 8. Such units must meet either 
the Uniform Federal Accessibility Standards (UFAS) or 2010 Americans 
with Disabilities Act (ADA) Standards (in accordance with HUD's Deeming 
Notice published in the Federal Register on May 23, 2014 (79 FR 
29671)). For projects that come under new PBV Housing Assistance 
Payment (HAP) contracts, the online form will require that the PHA 
identify the PBV-assisted accessible units at the project. For projects 
under existing HAP contracts, the online form will include fields where 
the PHA may identify the PBV-assisted accessible units at the project. 
The PHA must enter this information if it has this information or can 
readily obtain this information.
Number and Bedroom Distribution of PBV-Assisted Section 504 Hearing/
Vision Units at the Project
    PHAs will be required to enter this information into the online 
form when a new project comes under HAP contract, and when project or 
development information changes. The unique project code identifier 
will tie to future potential changes to the 50058 which will permit 
linking HUD assisted-tenants to HUD assisted-properties. This is a new 
information collection.
    Respondents (i.e., affected public): Public housing authorities 
(PHAs) that have project-based vouchers (PBVs) as a part of their 
portfolio
    Note: Preparer of this notice may substitute the chart for 
everything beginning with estimated number of respondents above:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Number of       Frequency of    Responses per   Burden hour per   Annual burden   Hourly cost per
      Information collection         respondents        response          annum           response          hours           response       Annual cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
PBV Property Information.........             668                6            4,008              1.5            6,012           $40.10      $241,018.20
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Our burden estimate for the number of respondents is based on a 
recent VMS total of the number of PHAs reporting PBVs in VMS. It is 
assumed PHAs will have to do a one-time submission for all the projects 
as well as potentially make updates when changes occur to the PBV 
projects (frequency of responses). The ``responses per annum'' 
represents an estimate of the amount of PBV projects that will need to 
be entered into the system. This number is multiplied by the frequency 
of responses to arrive at an annual estimate of burden hours. This is 
then multiplied by median average wage of a ``Management Analyst'' 
according to the Bureau of Labor Statistics for 2019 to arrive at a 
total annual cost.\1\ Commenters stated that the initial input of this 
data would take more than the estimated 1.5 hours, however, it is 
important to consider that the 1.5 hours is an average between the 
higher amount of time required on the initial submission and the lower 
time required by subsequent updates which may only require updating one 
or two fields. It is anticipated that this cost will decline in 
subsequent years as PHAs only need to update information already in the 
system when changes are made to PBV projects.
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    \1\ https://www.bls.gov/oes/current/oes131111.htm.
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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

[[Page 60255]]

information technology, e.g., permitting electronic submission of 
responses.
    (5) ways to minimize the burden of the collection of information on 
those who are to respond, including the use of automated collection 
techniques or other forms of information technology.
    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.

    Department Reports Management Officer for the Office of the Chief 
Information Officer, Colette Pollard, having reviewed and approved this 
document, is delegating the authority to electronically sign this 
document to submitter, Nacheshia Foxx, who is the Federal Register 
Liaison for HUD, for purposes of publication in the Federal Register.

    Dated: September 18, 2020.
Nacheshia Foxx,
Federal Register Liaison for the Department of Housing and Urban 
Development.
[FR Doc. 2020-21051 Filed 9-23-20; 8:45 am]
BILLING CODE 4210-67-P