30-Day Notice of Proposed Information Collection: Comprehensive Transactional Forms Supporting FHA's Section 242 Mortgage Insurance Program for Hospitals; OMB Control No.: 2502-0602, 71661-71665 [2022-25514]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 87, No. 225 / Wednesday, November 23, 2022 / Notices December 12, 2022. For more information on how to participate, please contact NIAC@cisa.dhs.gov. Speaker Registration: Registration to speak during the meeting’s public comment period must be received no later than 5 p.m. ET on December 12, 2022. Written Comments: Written comments must be received no later than 5 p.m. ET on December 12, 2022. Meeting Date: The NIAC will meet on December 16, 2022, from 1 p.m. to 2:45 p.m. ET. The meeting may close early if the council has completed its business. ADDRESSES: The meeting will be held virtually and will be open to the public, per 41 CFR 102–3.150(a)(4). Requests to participate will be accepted and processed in the order in which they are received. For access to the meeting, information on services for individuals with disabilities, or to request special assistance, please email NIAC@ cisa.dhs.gov by 5 p.m. ET on December 12, 2022. The NIAC is committed to ensuring all participants have equal access regardless of disability status. If you require a reasonable accommodation due to a disability to fully participate, please contact Erin McJeon at NIAC@cisa.dhs.gov as soon as possible. Comments: The council will consider public comments on issues as listed in the SUPPLEMENTARY INFORMATION section below. Associated materials for potential discussions during the meeting will be available for review at https://www.cisa.gov/niac by December 8, 2022. Comments should be submitted by 5 p.m. ET on December 12, 2022 and must be identified by Docket Number CISA–2022–0013. Comments may be submitted by one of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Please follow the instructions for submitting written comments. • Email: NIAC@cisa.dhs.gov. Include the Docket Number CISA–2022–0013 in the subject line of the email. Instructions: All submissions received must include the words ‘‘Department of Homeland Security’’ and the Docket Number for this action. Comments received will be posted without alteration to www.regulations.gov, including any personal information provided. You may wish to read the Privacy & Security Notice which is available via a link on the homepage of www.regulations.gov. Docket: For access to the docket and comments received by the National Infrastructure Advisory Council, please go to www.regulations.gov and enter docket number CISA–2022–0013. VerDate Sep<11>2014 16:45 Nov 22, 2022 Jkt 259001 A public comment period will take place from 2:30 p.m. to 2:40 p.m. Speakers who wish to participate in the public comment period must email NIAC@cisa.dhs.gov to register. Speakers should limit their comments to 3 minutes and will speak in order of registration. Please note that the public comment period may end before the time indicated, depending on the number of speakers who register to participate. 71661 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (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: December 23, 2022. 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 OIRA_submission@ omb.eop.gov or www.reginfo.gov/public/ do/PRAMain. 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 at Colette.Pollard@ hud.gov or telephone 202–402–3400. This is not a toll-free number. HUD welcomes and is prepared to receive calls from individuals who are deaf or hard of hearing, as well as individuals with speech and communication disabilities. To learn more about how to make an accessible telephone call, please visit https://www.fcc.gov/ consumers/guides/telecommunicationsrelay-service-trs. 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 comment on the information collection for a period of 60 days was published on April 26, 2022 at 87 FR 24574. [Docket No. FR–7050–N–59] A. Overview of Information Collection 30-Day Notice of Proposed Information Collection: Comprehensive Transactional Forms Supporting FHA’s Section 242 Mortgage Insurance Program for Hospitals; OMB Control No.: 2502–0602 Title of Information Collection: Comprehensive Transactional Forms Supporting FHA’s Section 242 Mortgage Insurance Program for Hospitals. OMB Approval Number: 2502–0602. OMB Expiration Date: November 30, 2022. Type of Request: Revision of a currently approved collection. Form Numbers: HUD–2510R, HUD– 90032–OHF, HUD–90033–OHF, HUD– 91070–OHF, HUD–91071–OHF, HUD– 91073–OHF, HUD–91725–OHF, HUD– FOR FURTHER INFORMATION CONTACT: Erin McJeon, 202–819–6196, NIAC@ cisa.dhs.gov. The NIAC is established under section 10 of E.O. 13231 issued on October 16, 2001, continued and amended under the authority of E.O. 14048, dated September 30, 2021. Notice of this meeting is given under the Federal Advisory Committee Act (FACA), 5 U.S.C. appendix (Pub. L. 92–463). The NIAC provides the President, through the Secretary of Homeland Security, advice on the security and resilience of the Nation’s critical infrastructure sectors. Agenda: The National Infrastructure Advisory Council will meet virtually on Friday, December 16, 2022 from 1 p.m. to 2:45 p.m. ET to discuss critical infrastructure security and resilience and possible NIAC study topics. This meeting will include: (1) a period for public comment; (2) a keynote address on critical infrastructure security and resilience; and (3) a study topic discussion. SUPPLEMENTARY INFORMATION: Dated: November 17, 2022. Celinda E. Moening, Alternate Designated Federal Officer, National Infrastructure Advisory Council, Cybersecurity and Infrastructure Security Agency, Department of Homeland Security. [FR Doc. 2022–25525 Filed 11–22–22; 8:45 am] BILLING CODE 9110–9P–P Office of Policy Development and Research, Chief Data Officer, HUD. ACTION: Notice. AGENCY: HUD is seeking approval from the Office of Management and Budget SUMMARY: PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\23NON1.SGM 23NON1 71662 Federal Register / Vol. 87, No. 225 / Wednesday, November 23, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 91725–CERT–OHF, HUD–91725–INST– 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. 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, 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 VerDate Sep<11>2014 16:45 Nov 22, 2022 Jkt 259001 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 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 November 12, 2019, with an expiration date of November 30, 2022. Three new forms are being added to this collection that are listed in the table above: HUD–90032–OHF (Lender Narrative—Interest Rate Reduction), HUD–90033–OHF (Lender’s Certification in Support of Request for IRR), and HUD–2510R (Release of Regulatory Agreement). The HUD– 90033–OHF and HUD–90032–OHF are being added for occasional situations involving interest rate reductions of FHA-insured hospital loans. The forms allow the lender to summarize the rationale for the request and certify that programmatic requirements for interest rate reductions have been met. The documents are based on OHF draft guidance as well as similar forms used by the Section 232 program. The HUD– 2510R has been added to facilitate the process regarding the release and discharge of the Regulatory Agreement. Two forms will be removed from the collection: HUD–91111–OHF (Survey Instructions and Borrower’s PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 Certification) and HUD–94128–OHF (Environmental Assessment and Compliance Findings for the Related Laws). The HUD–91111–OHF will be removed from the collection and the information from this form has been combined with HUD–91073–OHF (formally: HUD Survey Instructions and Surveyor’s Report; and now renamed: HUD Survey Instructions, Surveyor’s Report, and Borrower’s Survey Certification). The HUD–94128–OHF will be removed from the collection because HUD’s Environmental Review Online System (HEROS) is now used to prepare environmental reviews. The Public Burden Statement and the Warning have been revised on all forms. Three documents within the collection are being renewed with only changes to the revised Public Burden Statement and the Warning. The remaining thirty-seven of the forty forms within the collection are being renewed with changes. Revisions include edits that were made to clarify current policies and definitions, reflect updated general accepted accounting standards, or to address inconsistencies across documents. A summary of the specific changes (beyond the Public Burden Statement and the Warning) made to the revised documents is provided below. Summary of Changes to Documents • HUD–2510R Release of Regulatory Agreement. New document added to facilitate the process regarding the release and discharge of the Regulatory Agreement. This form will be used by the Office of Hospital Facilities, the Office of Residential Care Facilities, and Multifamily. The Number of Respondents will take the respondents from all three offices into consideration. • HUD–90032–OHF Lender Narrative—Interest Rate Reduction. New document based on an existing Office of Residential Care Facilities application form to request an interest rate reduction, modified for Section 242-insured hospitals. • HUD–90033–OHF Lender’s Certification in Support of Request for IRR. New document based on an existing Office of Residential Care Facilities application form to request an interest rate reduction, modified for Section 242-insured hospitals. • HUD–91070–OHF Consolidated Certifications Borrower. Changes were made to the parts of the certification as follows: D Instructions. Added Feasibility Consultant as an option. Removed N/A from each line to improve readability. D Part VII. Added a new section, similar to the Supplemental E:\FR\FM\23NON1.SGM 23NON1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 87, No. 225 / Wednesday, November 23, 2022 / Notices Underwriting section on existing Office of Residential Care Facility form. Specifically, added questions on delinquency of federal debt; legal action and judgements; bankruptcy question; liens (liens must be addressed prior to closing); investigations; and physician involvement. D Part VII. Re-organized the list of entities. Added additional lines for ‘‘Other’’ categories. Made consistent with page 1–2 of the form. • HUD–91071–OHF Escrow Agreement for Off-site Facilities. Changes were made to the sections of the agreement as follows: D Section D. Added new language to allow for extensions for up to 90 days which must be submitted in advance to HUD and the Lender with a detailed explanation for the extension. This was an issue during the pandemic because the document did not have any specific language to allow for extensions during a shutdown. D Agreement #1 and #8. Capitalized Depository Institution and added that Depository Institution must be satisfactory to HUD as well as the Lender. D Agreement #5 and #7. Lender was added as recipient of requested information. Added specific references to documents to be used for disbursements. • HUD–91073–OHF HUD Survey Instructions, Surveyor’s Report, and Borrower’s Survey Certification. Combined HUD–91111–OHF and HUD– 91073–OHF into a new updated HUD– 91073–OHF HUD Survey Instructions, Surveyor’s Report and Borrower’s Certification. Updating ALTA/NSPS Standards to latest version (2021) and revising additional requirements. Clarifying language for when the Borrower’s certification can be used. Also updated Table A requirements. • HUD–91725–OHF Opinion by Counsel to the Borrower. Changes were made throughout to add clarity. • HUD–91725–INST–OHF Instructions to Opinion of Borrower’s Counsel. Only the Warning has been revised. • HUD–91725–CERT–OHF Exhibit A to Opinion of Borrower’s Counsel Certification. Only the Warning has been revised. • HUD–92013–OHF Application for Hospital Project Mortgage Insurance. Changed the document from a Word document to an Excel document. This allows the user to enter data, which is totaled where necessary. Added a Schedule so that 92013-line items may be broken out into components. • HUD–92023–OHF Request for Final Endorsement of Credit Instrument. VerDate Sep<11>2014 16:45 Nov 22, 2022 Jkt 259001 Changes were made to clarify minor inconsistencies within the document, and an update was added to reflect email submission rather than standard mail. • HUD–92070–OHF Lease Addendum. Removed the Instruction language for brevity, which is consistent with the existing Office of Residential Care Facilities form. Capitalized Tenant, Landlord, and Lender throughout the document for clarity. Added ‘‘from an FHA Lender (Lender)’’ to clearly define Lender in the transaction. Removed the language above the signatures indicating ‘‘certifies under penalty of perjury’’ because this language is not customary for a Lease Addendum, as there are no statements or representations provided. • HUD–92080–OHF Change of Mortgage Record. Only the Public Burden Statement and the Warning have been revised. • HUD–92117–OHF Borrower’s Certification—Full or Partial Completion of Project. Added language to #5 to clarify that the requirement pertains to the advance. • HUD–92205–OHF Borrower’s Certificate of Known Costs (Section 242/ 223f, 242/223(a)(7)). Adjusted title of form to include ‘‘Insurance Upon Completion,’’ to differentiate it from the insurance of advances form (HUD– 92330–OHF). Clarified terminology in the Instructions on page 1 to include repairs and limited rehabilitation. Corresponding schedules for each item were added to the table for greater clarity. Additional clarification added, which makes explicit that deferred repairs and deferred limited rehabilitation amounts are to be escrowed. Updated Schedules to explicitly include additional fees and expenses. • HUD–92223–OHF Surplus Cash Note. Changes were made throughout to add clarity. In Section 2, added clarity to the document by combining sections and eliminated reference ‘‘Except as provided in Section 5 below,’’ Section 5 was eliminated and added to Section 2. Added clarity to payments due under the Surplus Cash Note by adding ‘‘and per requirements under the Borrower’s Regulatory Agreement and Commitment for Insurance (if applicable)’’ (Section 4 eliminated as it is now contained in Section 2). Added ‘‘No payments towards the Surplus Cash Note shall be made before final endorsement, unless HUD has approved,’’ which incorporates Section 7 and provides for flexibility if approved by HUD. (Section 7 eliminated as it is now contained in Section 2). • HUD–92266–OHF Application for Transfer of Physical Assets. Changes PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 71663 were made to clarify minor inconsistencies within the document and clarify directions as to what entities complete and submit the form. • HUD–92322–OHF Intercreditor Agreement. Changes were made to the sections of the agreement as follows: D Section 1.14 definition for ‘‘Facility’’ changed to reference 24 CFR 242.1. D Section 1.15 includes ‘‘Pledged Affiliates’’ as defined in HUD’s loan docs. D Section 2.3(e) replaces ‘‘operator or receiver’’ with ‘‘entity’’ as Operator is typically used in 232. D Section 2.7(f)(iii) removed because this subsection references the Section 232 Operator Regulatory Agreement. D Section 3.4(c) clarified what costs are due under current mortgage costs. D Section 3.6(c) added language that ‘‘notwithstanding any contrary provision contained in the AR Loan Documents, a default under the FHA Loan Documents shall not constitute a default under the AR Loan Documents if no other default occurred under the AR Loan Documents’’. D Section 4.1 changed ‘‘donee’’ to ‘‘assignee’’. • HUD–92330A–OHF Contractor’s Certificate of Actual Cost. Changes were made to the Trade Items, which were updated with latest Construction Specifications Institute (CSI) categories. Also, clarifies that an Attachment A shall be included when/if an Identity of Interest exists. • HUD–92330–OHF Borrower’s Certificate of Actual Cost. Added clarification/typographic changes to improve readability, as well as identify whether the HUD–92330A–OHF is accompanying the certification. Renumbered first 5 items in the table for standardization with other forms and processes. • HUD–92403A–OHF Borrower’s and Architect’s Certificate of Payment. Only the Public Burden Statement and the Warning have been revised. • HUD–92403–OHF Application for Insurance of Advance of Mortgage Proceeds. Updated Instructions to Borrower for electronic submission, to reference budget categories, and add clarity. Updated Instructions to Lender. Replaced the Table to include the Budget Category and references to HUD–92448–OHF, and updated drawings to documents. Updated Instructions to Lender for electronic submission, added Owner cash equity sentence, changed Mortgagor’s to Borrower’s, and changed escrow to equity. Removed references to an old Handbook 4480.1. • HUD–92415–OHF Request for Permission to Commence Construction E:\FR\FM\23NON1.SGM 23NON1 lotter on DSK11XQN23PROD with NOTICES1 71664 Federal Register / Vol. 87, No. 225 / Wednesday, November 23, 2022 / Notices Prior to Initial Endorsement for Mortgage Insurance. Updated wording in introduction to request and Term 1 for continuity. Changed wording in Term 2 to better reflect hospital program policies. Added Term 4 and revised Terms 5 and 7 for clarity, renumbered paragraphs as required. Revised paragraph 8 to match language in Terms 9 and 10 for continuity. Revised Term 9 to add construction manager agreement as an option and revised language for clarification. Added Term 10 regarding permits to clarify this is a requirement. Revised Terms 13 and 14 for continuity and update paragraph references. • HUD–92422–OHF Financial and Statistical Data for HUD Reporting. Changes were made throughout to add clarity. • HUD–92434–OHF Lender’s Certificate. Reorganized the introductory section to add clarity and improve readability. • HUD–92441–OHF Building Loan Agreement. Section 4b—clarified who at HUD should receive the information; changed the report deadline from 45 days after quarter end to 40 days to be consistent with similar report required under Regulatory Agreement. • HUD–92442–OHF Construction Contract. Updated definitions paragraph to add clarity. • HUD–92448–OHF Contractor’s Requisition Project Mortgages. Changes were made throughout to add clarity. • HUD–92452A–OHF Payment Bond. Updated to include Construction Managers and Project Description requirement. • HUD–92452–OHF Performance Bond. Updated to include Construction Managers and Project Description requirement. • HUD–92455–OHF Request for Endorsement of Credit Instrument & Certificate of Lender, Borrower, & General Contractor. Added Deferred Repairs and Deferred Limited Rehabilitation concepts to existing language, to differentiate Repairs (under 223(a)(7)) and Limited Rehabilitation (under 223(f)) that occur after initial/ final endorsement (Deferred). Added paragraph (from Section 242 regulations) regarding required compliance of the Borrower to the Certificate of Borrower section. • HUD–92456–OHF Escrow Agreement for Incomplete Construction. Updated references to related forms; added paragraphs for sources of escrow funds; and added language for use of remaining escrow funds. • HUD–92464–OHF Request for Approval of Advance of Escrow Funds. Added document to be forwarded to VerDate Sep<11>2014 16:45 Nov 22, 2022 Jkt 259001 HUD as well as the Lender. Changes for documents and supporting data to be submitted electronically to HUD—no longer in duplicates mailed to HUD. Clarified signatories for the Borrower for certain sections. • HUD–92466–OHF Regulatory Agreement—Borrower. Changes were made to sections of the Regulatory Agreement as follows: D Section 8(b)(ii)(1) and 8(b)(ii)(3) for Conditions to be Satisfied During and Following Construction. Expanded the report to include ‘‘deferred work or limited rehabilitation’’ for consistency with terminology in this section and clarify terms for Construction or repairs. D Section 10(b) for Property and Operation; Encumbrances. Language changed to allow Borrowers to adjudicate liens, etc. in good faith with HUD’s permission. D Section 11(f) for Finances and Financial Records. Changed ‘‘reasonable time’’ to ‘‘10 business days’’ to better define the timeline to submit the documents. Added ‘‘shall be maintained in accordance with U.S. GAAP’’ to differentiate from OHF reporting requirements as required in the OHF Handbook. Although it should be obvious, 24 CFR 5.801 for uniform reporting financial standards for HUD programs does not specifically include the 242/OHF Program. Section 11(f) for Finances and Financial Records. D Section 11(g) for Finances and Financial Records. Added language to allow HUD or its representatives to ask questions on the finances, operation and condition of the property. D Section 13 for Mortgage Reserved Fund (MRF). Added clarifying language on type of account and beneficiary. D Section 19(a)(i) for Additional Indebtedness and Leasing for Long Term Debt: reordered some of the subsections and added some clarifying language as it relates to proposed debt. D Section 19(d) for Additional Indebtedness—Reporting Requirements: Changed the reporting requirements to an annual report due within 40 days of the Borrower’s fiscal year. D Section 45 for Definitions. Clarified definitions. • HUD–92476–OHF Escrow Agreement for Deferred Repairs. Renamed Document from ‘‘Escrow Agreement for Deferred Work’’ to ‘‘Escrow Agreement for Deferred Repairs’’ to properly reflect the type of work involved. Similar changes were made throughout document. Added language in Section D to allow for extensions of up to 90 days if needed. Revised chart in Exhibit A to reflect a breakout of costs to be covered by the Escrow for Deferred Repairs. PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 • HUD–92476A–OHF Escrow Agreement for Deferred Limited Rehabilitation. Renamed Document from ‘‘Escrow Agreement for Limited Rehabilitation’’ to ‘‘Escrow Agreement for Deferred Limited Rehabilitation’’ to properly reflect the type of work involved. Similar changes were made throughout document. Added language in Section D to allow for extensions of up to 90 days if needed. Revised chart in Exhibit A to reflect a breakout of costs to be covered by the Escrow for Deferred Limited Rehabilitation. • HUD–92476B–OHF Escrow Agreement for Proceeds from Partial Release of Collateral. Only the Public Burden Statement and the Warning have been revised. • HUD–92479–OHF Off-Site Bond— Dual Obligee. Updated to include Construction Managers and Project Description requirement. • HUD–92554–OHF Supplementary Conditions of the Contract for Construction. Article 1(B) Minimum Wages updated and clarified per program regulations. • HUD–92576–OHF Certificate for Need for Health Facility and Assurance of Enforcement of State Standards. Renamed document. Removed unneeded requests for information. • HUD–93305–OHF Agreement and Certification. Changed wording to reflect regulations for clarity. • HUD–94000–OHF Security Instrument/Mortgage/Deed of Trust. Inserted ‘‘Pledged Affiliates’’ where Borrower appears. Updated definitions. Inserted clarifying language to ensure that all project funds are deposited into a DACA. Inserted language in Section 17(b) to allow subordinate liens to be repaid with prior Lender and HUD approval. HUD–94001–OHF Healthcare Facility Note. In Section 7(a), deleted the language ‘‘or in the Borrower’s Security Instrument or in the Borrower’s Regulatory Agreement’’ because personal liability is not a concept recognized in the Section 242 program, unlike Multifamily and Section 232. Respondents (i.e. affected public): Not-for-profit institutions; State, Local or Tribal Government. Estimated Number of Respondents: 718. Estimated Number of Responses: 1,302. Frequency of Response: 70. Average Hours per Response: 118. Total Estimated Burden: 73,187 hours. B. Solicitation of Public Comment This notice is soliciting comments from members of the public and affected E:\FR\FM\23NON1.SGM 23NON1 Federal Register / Vol. 87, No. 225 / Wednesday, November 23, 2022 / Notices 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. (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. C. Authority Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35. Colette Pollard, Department Reports Management Officer, Office of Policy Development and Research, Chief Data Officer. [FR Doc. 2022–25514 Filed 11–22–22; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [2231A2100DD/AAKC001030/ A0A501010.999900] HEARTH Act Approval of Saginaw Chippewa Indian Tribe of Michigan Leasing Ordinance Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: The Bureau of Indian Affairs (BIA) approved the Saginaw Chippewa Indian Tribe of Michigan Leasing Ordinance under the Helping Expedite and Advance Responsible Tribal Homeownership Act of 2012 (HEARTH Act). With this approval, the Tribe is authorized to enter into business leases without further BIA approval. DATES: BIA issued the approval on November 17, 2022. FOR FURTHER INFORMATION CONTACT: Ms. Carla Clark, Bureau of Indian Affairs, lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 16:45 Nov 22, 2022 Jkt 259001 Division of Real Estate Services, 1001 Indian School Road NW, Albuquerque, NM 87104, carla.clark@bia.gov, (702) 484–3233. SUPPLEMENTARY INFORMATION: I. Summary of the HEARTH Act The HEARTH Act makes a voluntary, alternative land leasing process available to Tribes, by amending the Indian Long-Term Leasing Act of 1955, 25 U.S.C. 415. The HEARTH Act authorizes Tribes to negotiate and enter into business leases of Tribal trust lands with a primary term of 25 years, and up to two renewal terms of 25 years each, without the approval of the Secretary of the Interior (Secretary). The HEARTH Act also authorizes Tribes to enter into leases for residential, recreational, religious or educational purposes for a primary term of up to 75 years without the approval of the Secretary. Participating Tribes develop Tribal Leasing regulations, including an environmental review process, and then must obtain the Secretary’s approval of those regulations prior to entering into leases. The HEARTH Act requires the Secretary to approve Tribal regulations if the Tribal regulations are consistent with the Department of the Interior’s (Department) leasing regulations at 25 CFR part 162 and provide for an environmental review process that meets requirements set forth in the HEARTH Act. This notice announces that the Secretary, through the Assistant Secretary—Indian Affairs, has approved the Tribal regulations for the Saginaw Chippewa Indian Tribe of Michigan. II. Federal Preemption of State and Local Taxes The Department’s regulations governing the surface leasing of trust and restricted Indian lands specify that, subject to applicable Federal law, permanent improvements on leased land, leasehold or possessory interests, and activities under the lease are not subject to State and local taxation and may be subject to taxation by the Indian Tribe with jurisdiction. See 25 CFR 162.017. As explained further in the preamble to the final regulations, the Federal Government has a strong interest in promoting economic development, self-determination, and Tribal sovereignty. 77 FR 72440, 72447– 48 (December 5, 2012). The principles supporting the Federal preemption of State law in the field of Indian leasing and the taxation of lease-related interests and activities applies with equal force to leases entered into under Tribal leasing regulations approved by the Federal Government pursuant to the HEARTH Act. PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 71665 Section 5 of the Indian Reorganization Act, 25 U.S.C. 5108, preempts State and local taxation of permanent improvements on trust land. Confederated Tribes of the Chehalis Reservation v. Thurston County, 724 F.3d 1153, 1157 (9th Cir. 2013) (citing Mescalero Apache Tribe v. Jones, 411 U.S. 145 (1973)). Similarly, section 5108 preempts State taxation of rent payments by a lessee for leased trust lands, because ‘‘tax on the payment of rent is indistinguishable from an impermissible tax on the land.’’ See Seminole Tribe of Florida v. Stranburg, 799 F.3d 1324, 1331, n.8 (11th Cir. 2015). In addition, as explained in the preamble to the revised leasing regulations at 25 CFR part 162, Federal courts have applied a balancing test to determine whether State and local taxation of non-Indians on the reservation is preempted. White Mountain Apache Tribe v. Bracker, 448 U.S. 136, 143 (1980). The Bracker balancing test, which is conducted against a backdrop of ‘‘traditional notions of Indian self-government,’’ requires a particularized examination of the relevant State, Federal, and Tribal interests. We hereby adopt the Bracker analysis from the preamble to the surface leasing regulations, 77 FR at 72447–48, as supplemented by the analysis below. The strong Federal and Tribal interests against State and local taxation of improvements, leaseholds, and activities on land leased under the Department’s leasing regulations apply equally to improvements, leaseholds, and activities on land leased pursuant to Tribal leasing regulations approved under the HEARTH Act. Congress’s overarching intent was to ‘‘allow Tribes to exercise greater control over their own land, support self-determination, and eliminate bureaucratic delays that stand in the way of homeownership and economic development in Tribal communities.’’ 158 Cong. Rec. H. 2682 (May 15, 2012). The HEARTH Act was intended to afford Tribes ‘‘flexibility to adapt lease terms to suit [their] business and cultural needs’’ and to ‘‘enable [Tribes] to approve leases quickly and efficiently.’’ H. Rep. 112–427 at 6 (2012). Assessment of State and local taxes would obstruct these express Federal policies supporting Tribal economic development and self-determination, and also threaten substantial Tribal interests in effective Tribal government, economic self-sufficiency, and territorial autonomy. See Michigan v. Bay Mills Indian Community, 572 U.S. 782, 810 (2014) (Sotomayor, J., concurring) (determining that ‘‘[a] key goal of the E:\FR\FM\23NON1.SGM 23NON1

Agencies

[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Notices]
[Pages 71661-71665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25514]


=======================================================================
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7050-N-59]


30-Day Notice of Proposed Information Collection: Comprehensive 
Transactional Forms Supporting FHA's Section 242 Mortgage Insurance 
Program for Hospitals; OMB Control No.: 2502-0602

AGENCY: Office of Policy Development and Research, Chief Data Officer, 
HUD.

ACTION: Notice.

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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: December 23, 2022.

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 [email protected] or www.reginfo.gov/public/do/PRAMain. 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 at 
[email protected] or telephone 202-402-3400. This is not a toll-
free number. HUD welcomes and is prepared to receive calls from 
individuals who are deaf or hard of hearing, as well as individuals 
with speech and communication disabilities. To learn more about how to 
make an accessible telephone call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.
    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 comment on the 
information collection for a period of 60 days was published on April 
26, 2022 at 87 FR 24574.

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.
    OMB Expiration Date: November 30, 2022.
    Type of Request: Revision of a currently approved collection.
    Form Numbers: HUD-2510R, HUD-90032-OHF, HUD-90033-OHF, HUD-91070-
OHF, HUD-91071-OHF, HUD-91073-OHF, HUD-91725-OHF, HUD-

[[Page 71662]]

91725-CERT-OHF, HUD-91725-INST-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.

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, 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 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 November 
12, 2019, with an expiration date of November 30, 2022.
    Three new forms are being added to this collection that are listed 
in the table above: HUD-90032-OHF (Lender Narrative--Interest Rate 
Reduction), HUD-90033-OHF (Lender's Certification in Support of Request 
for IRR), and HUD-2510R (Release of Regulatory Agreement). The HUD-
90033-OHF and HUD-90032-OHF are being added for occasional situations 
involving interest rate reductions of FHA-insured hospital loans. The 
forms allow the lender to summarize the rationale for the request and 
certify that programmatic requirements for interest rate reductions 
have been met. The documents are based on OHF draft guidance as well as 
similar forms used by the Section 232 program. The HUD-2510R has been 
added to facilitate the process regarding the release and discharge of 
the Regulatory Agreement.
    Two forms will be removed from the collection: HUD-91111-OHF 
(Survey Instructions and Borrower's Certification) and HUD-94128-OHF 
(Environmental Assessment and Compliance Findings for the Related 
Laws). The HUD-91111-OHF will be removed from the collection and the 
information from this form has been combined with HUD-91073-OHF 
(formally: HUD Survey Instructions and Surveyor's Report; and now 
renamed: HUD Survey Instructions, Surveyor's Report, and Borrower's 
Survey Certification). The HUD-94128-OHF will be removed from the 
collection because HUD's Environmental Review Online System (HEROS) is 
now used to prepare environmental reviews.
    The Public Burden Statement and the Warning have been revised on 
all forms.
    Three documents within the collection are being renewed with only 
changes to the revised Public Burden Statement and the Warning. The 
remaining thirty-seven of the forty forms within the collection are 
being renewed with changes. Revisions include edits that were made to 
clarify current policies and definitions, reflect updated general 
accepted accounting standards, or to address inconsistencies across 
documents.
    A summary of the specific changes (beyond the Public Burden 
Statement and the Warning) made to the revised documents is provided 
below.

Summary of Changes to Documents

     HUD-2510R Release of Regulatory Agreement. New document 
added to facilitate the process regarding the release and discharge of 
the Regulatory Agreement. This form will be used by the Office of 
Hospital Facilities, the Office of Residential Care Facilities, and 
Multifamily. The Number of Respondents will take the respondents from 
all three offices into consideration.
     HUD-90032-OHF Lender Narrative--Interest Rate Reduction. 
New document based on an existing Office of Residential Care Facilities 
application form to request an interest rate reduction, modified for 
Section 242-insured hospitals.
     HUD-90033-OHF Lender's Certification in Support of Request 
for IRR. New document based on an existing Office of Residential Care 
Facilities application form to request an interest rate reduction, 
modified for Section 242-insured hospitals.
     HUD-91070-OHF Consolidated Certifications Borrower. 
Changes were made to the parts of the certification as follows:
    [ssquf] Instructions. Added Feasibility Consultant as an option. 
Removed N/A from each line to improve readability.
    [ssquf] Part VII. Added a new section, similar to the Supplemental

[[Page 71663]]

Underwriting section on existing Office of Residential Care Facility 
form. Specifically, added questions on delinquency of federal debt; 
legal action and judgements; bankruptcy question; liens (liens must be 
addressed prior to closing); investigations; and physician involvement.
    [ssquf] Part VII. Re-organized the list of entities. Added 
additional lines for ``Other'' categories. Made consistent with page 1-
2 of the form.
     HUD-91071-OHF Escrow Agreement for Off-site Facilities. 
Changes were made to the sections of the agreement as follows:
    [ssquf] Section D. Added new language to allow for extensions for 
up to 90 days which must be submitted in advance to HUD and the Lender 
with a detailed explanation for the extension. This was an issue during 
the pandemic because the document did not have any specific language to 
allow for extensions during a shutdown.
    [ssquf] Agreement #1 and #8. Capitalized Depository Institution and 
added that Depository Institution must be satisfactory to HUD as well 
as the Lender.
    [ssquf] Agreement #5 and #7. Lender was added as recipient of 
requested information. Added specific references to documents to be 
used for disbursements.
     HUD-91073-OHF HUD Survey Instructions, Surveyor's Report, 
and Borrower's Survey Certification. Combined HUD-91111-OHF and HUD-
91073-OHF into a new updated HUD-91073-OHF HUD Survey Instructions, 
Surveyor's Report and Borrower's Certification. Updating ALTA/NSPS 
Standards to latest version (2021) and revising additional 
requirements. Clarifying language for when the Borrower's certification 
can be used. Also updated Table A requirements.
     HUD-91725-OHF Opinion by Counsel to the Borrower. Changes 
were made throughout to add clarity.
     HUD-91725-INST-OHF Instructions to Opinion of Borrower's 
Counsel. Only the Warning has been revised.
     HUD-91725-CERT-OHF Exhibit A to Opinion of Borrower's 
Counsel Certification. Only the Warning has been revised.
     HUD-92013-OHF Application for Hospital Project Mortgage 
Insurance. Changed the document from a Word document to an Excel 
document. This allows the user to enter data, which is totaled where 
necessary. Added a Schedule so that 92013-line items may be broken out 
into components.
     HUD-92023-OHF Request for Final Endorsement of Credit 
Instrument. Changes were made to clarify minor inconsistencies within 
the document, and an update was added to reflect email submission 
rather than standard mail.
     HUD-92070-OHF Lease Addendum. Removed the Instruction 
language for brevity, which is consistent with the existing Office of 
Residential Care Facilities form. Capitalized Tenant, Landlord, and 
Lender throughout the document for clarity. Added ``from an FHA Lender 
(Lender)'' to clearly define Lender in the transaction. Removed the 
language above the signatures indicating ``certifies under penalty of 
perjury'' because this language is not customary for a Lease Addendum, 
as there are no statements or representations provided.
     HUD-92080-OHF Change of Mortgage Record. Only the Public 
Burden Statement and the Warning have been revised.
     HUD-92117-OHF Borrower's Certification--Full or Partial 
Completion of Project. Added language to #5 to clarify that the 
requirement pertains to the advance.
     HUD-92205-OHF Borrower's Certificate of Known Costs 
(Section 242/223f, 242/223(a)(7)). Adjusted title of form to include 
``Insurance Upon Completion,'' to differentiate it from the insurance 
of advances form (HUD-92330-OHF). Clarified terminology in the 
Instructions on page 1 to include repairs and limited rehabilitation. 
Corresponding schedules for each item were added to the table for 
greater clarity. Additional clarification added, which makes explicit 
that deferred repairs and deferred limited rehabilitation amounts are 
to be escrowed. Updated Schedules to explicitly include additional fees 
and expenses.
     HUD-92223-OHF Surplus Cash Note. Changes were made 
throughout to add clarity. In Section 2, added clarity to the document 
by combining sections and eliminated reference ``Except as provided in 
Section 5 below,'' Section 5 was eliminated and added to Section 2. 
Added clarity to payments due under the Surplus Cash Note by adding 
``and per requirements under the Borrower's Regulatory Agreement and 
Commitment for Insurance (if applicable)'' (Section 4 eliminated as it 
is now contained in Section 2). Added ``No payments towards the Surplus 
Cash Note shall be made before final endorsement, unless HUD has 
approved,'' which incorporates Section 7 and provides for flexibility 
if approved by HUD. (Section 7 eliminated as it is now contained in 
Section 2).
     HUD-92266-OHF Application for Transfer of Physical Assets. 
Changes were made to clarify minor inconsistencies within the document 
and clarify directions as to what entities complete and submit the 
form.
     HUD-92322-OHF Intercreditor Agreement. Changes were made 
to the sections of the agreement as follows:
    [ssquf] Section 1.14 definition for ``Facility'' changed to 
reference 24 CFR 242.1.
    [ssquf] Section 1.15 includes ``Pledged Affiliates'' as defined in 
HUD's loan docs.
    [ssquf] Section 2.3(e) replaces ``operator or receiver'' with 
``entity'' as Operator is typically used in 232.
    [ssquf] Section 2.7(f)(iii) removed because this subsection 
references the Section 232 Operator Regulatory Agreement.
    [ssquf] Section 3.4(c) clarified what costs are due under current 
mortgage costs.
    [ssquf] Section 3.6(c) added language that ``notwithstanding any 
contrary provision contained in the AR Loan Documents, a default under 
the FHA Loan Documents shall not constitute a default under the AR Loan 
Documents if no other default occurred under the AR Loan Documents''.
    [ssquf] Section 4.1 changed ``donee'' to ``assignee''.
     HUD-92330A-OHF Contractor's Certificate of Actual Cost. 
Changes were made to the Trade Items, which were updated with latest 
Construction Specifications Institute (CSI) categories. Also, clarifies 
that an Attachment A shall be included when/if an Identity of Interest 
exists.
     HUD-92330-OHF Borrower's Certificate of Actual Cost. Added 
clarification/typographic changes to improve readability, as well as 
identify whether the HUD-92330A-OHF is accompanying the certification. 
Renumbered first 5 items in the table for standardization with other 
forms and processes.
     HUD-92403A-OHF Borrower's and Architect's Certificate of 
Payment. Only the Public Burden Statement and the Warning have been 
revised.
     HUD-92403-OHF Application for Insurance of Advance of 
Mortgage Proceeds. Updated Instructions to Borrower for electronic 
submission, to reference budget categories, and add clarity. Updated 
Instructions to Lender. Replaced the Table to include the Budget 
Category and references to HUD-92448-OHF, and updated drawings to 
documents. Updated Instructions to Lender for electronic submission, 
added Owner cash equity sentence, changed Mortgagor's to Borrower's, 
and changed escrow to equity. Removed references to an old Handbook 
4480.1.
     HUD-92415-OHF Request for Permission to Commence 
Construction

[[Page 71664]]

Prior to Initial Endorsement for Mortgage Insurance. Updated wording in 
introduction to request and Term 1 for continuity. Changed wording in 
Term 2 to better reflect hospital program policies. Added Term 4 and 
revised Terms 5 and 7 for clarity, renumbered paragraphs as required. 
Revised paragraph 8 to match language in Terms 9 and 10 for continuity. 
Revised Term 9 to add construction manager agreement as an option and 
revised language for clarification. Added Term 10 regarding permits to 
clarify this is a requirement. Revised Terms 13 and 14 for continuity 
and update paragraph references.
     HUD-92422-OHF Financial and Statistical Data for HUD 
Reporting. Changes were made throughout to add clarity.
     HUD-92434-OHF Lender's Certificate. Reorganized the 
introductory section to add clarity and improve readability.
     HUD-92441-OHF Building Loan Agreement. Section 4b--
clarified who at HUD should receive the information; changed the report 
deadline from 45 days after quarter end to 40 days to be consistent 
with similar report required under Regulatory Agreement.
     HUD-92442-OHF Construction Contract. Updated definitions 
paragraph to add clarity.
     HUD-92448-OHF Contractor's Requisition Project Mortgages. 
Changes were made throughout to add clarity.
     HUD-92452A-OHF Payment Bond. Updated to include 
Construction Managers and Project Description requirement.
     HUD-92452-OHF Performance Bond. Updated to include 
Construction Managers and Project Description requirement.
     HUD-92455-OHF Request for Endorsement of Credit Instrument 
& Certificate of Lender, Borrower, & General Contractor. Added Deferred 
Repairs and Deferred Limited Rehabilitation concepts to existing 
language, to differentiate Repairs (under 223(a)(7)) and Limited 
Rehabilitation (under 223(f)) that occur after initial/final 
endorsement (Deferred). Added paragraph (from Section 242 regulations) 
regarding required compliance of the Borrower to the Certificate of 
Borrower section.
     HUD-92456-OHF Escrow Agreement for Incomplete 
Construction. Updated references to related forms; added paragraphs for 
sources of escrow funds; and added language for use of remaining escrow 
funds.
     HUD-92464-OHF Request for Approval of Advance of Escrow 
Funds. Added document to be forwarded to HUD as well as the Lender. 
Changes for documents and supporting data to be submitted 
electronically to HUD--no longer in duplicates mailed to HUD. Clarified 
signatories for the Borrower for certain sections.
     HUD-92466-OHF Regulatory Agreement--Borrower. Changes were 
made to sections of the Regulatory Agreement as follows:
    [ssquf] Section 8(b)(ii)(1) and 8(b)(ii)(3) for Conditions to be 
Satisfied During and Following Construction. Expanded the report to 
include ``deferred work or limited rehabilitation'' for consistency 
with terminology in this section and clarify terms for Construction or 
repairs.
    [ssquf] Section 10(b) for Property and Operation; Encumbrances. 
Language changed to allow Borrowers to adjudicate liens, etc. in good 
faith with HUD's permission.
    [ssquf] Section 11(f) for Finances and Financial Records. Changed 
``reasonable time'' to ``10 business days'' to better define the 
timeline to submit the documents. Added ``shall be maintained in 
accordance with U.S. GAAP'' to differentiate from OHF reporting 
requirements as required in the OHF Handbook. Although it should be 
obvious, 24 CFR 5.801 for uniform reporting financial standards for HUD 
programs does not specifically include the 242/OHF Program. Section 
11(f) for Finances and Financial Records.
    [ssquf] Section 11(g) for Finances and Financial Records. Added 
language to allow HUD or its representatives to ask questions on the 
finances, operation and condition of the property.
    [ssquf] Section 13 for Mortgage Reserved Fund (MRF). Added 
clarifying language on type of account and beneficiary.
    [ssquf] Section 19(a)(i) for Additional Indebtedness and Leasing 
for Long Term Debt: reordered some of the subsections and added some 
clarifying language as it relates to proposed debt.
    [ssquf] Section 19(d) for Additional Indebtedness--Reporting 
Requirements: Changed the reporting requirements to an annual report 
due within 40 days of the Borrower's fiscal year.
    [ssquf] Section 45 for Definitions. Clarified definitions.
     HUD-92476-OHF Escrow Agreement for Deferred Repairs. 
Renamed Document from ``Escrow Agreement for Deferred Work'' to 
``Escrow Agreement for Deferred Repairs'' to properly reflect the type 
of work involved. Similar changes were made throughout document. Added 
language in Section D to allow for extensions of up to 90 days if 
needed. Revised chart in Exhibit A to reflect a breakout of costs to be 
covered by the Escrow for Deferred Repairs.
     HUD-92476A-OHF Escrow Agreement for Deferred Limited 
Rehabilitation. Renamed Document from ``Escrow Agreement for Limited 
Rehabilitation'' to ``Escrow Agreement for Deferred Limited 
Rehabilitation'' to properly reflect the type of work involved. Similar 
changes were made throughout document. Added language in Section D to 
allow for extensions of up to 90 days if needed. Revised chart in 
Exhibit A to reflect a breakout of costs to be covered by the Escrow 
for Deferred Limited Rehabilitation.
     HUD-92476B-OHF Escrow Agreement for Proceeds from Partial 
Release of Collateral. Only the Public Burden Statement and the Warning 
have been revised.
     HUD-92479-OHF Off-Site Bond--Dual Obligee. Updated to 
include Construction Managers and Project Description requirement.
     HUD-92554-OHF Supplementary Conditions of the Contract for 
Construction. Article 1(B) Minimum Wages updated and clarified per 
program regulations.
     HUD-92576-OHF Certificate for Need for Health Facility and 
Assurance of Enforcement of State Standards. Renamed document. Removed 
unneeded requests for information.
     HUD-93305-OHF Agreement and Certification. Changed wording 
to reflect regulations for clarity.
     HUD-94000-OHF Security Instrument/Mortgage/Deed of Trust. 
Inserted ``Pledged Affiliates'' where Borrower appears. Updated 
definitions. Inserted clarifying language to ensure that all project 
funds are deposited into a DACA. Inserted language in Section 17(b) to 
allow subordinate liens to be repaid with prior Lender and HUD 
approval.
    HUD-94001-OHF Healthcare Facility Note. In Section 7(a), deleted 
the language ``or in the Borrower's Security Instrument or in the 
Borrower's Regulatory Agreement'' because personal liability is not a 
concept recognized in the Section 242 program, unlike Multifamily and 
Section 232.
    Respondents (i.e. affected public): Not-for-profit institutions; 
State, Local or Tribal Government.
    Estimated Number of Respondents: 718.
    Estimated Number of Responses: 1,302.
    Frequency of Response: 70.
    Average Hours per Response: 118.
    Total Estimated Burden: 73,187 hours.

B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and 
affected

[[Page 71665]]

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.
    (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.

C. Authority

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 
Chapter 35.

Colette Pollard,
Department Reports Management Officer, Office of Policy Development and 
Research, Chief Data Officer.
[FR Doc. 2022-25514 Filed 11-22-22; 8:45 am]
BILLING CODE 4210-67-P
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