80 FR 52781 - 60-Day Notice of Proposed Information Collection: FHA Lender Approval, Annual Renewal, Periodic Updates and Required Reports by FHA-Approved Lenders

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 80, Issue 169 (September 1, 2015)

Page Range		52781-52782
FR Document		2015-21514

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 60 days of public comment. Elsewhere in today's edition of the Federal Register, HUD is publishing for public comment, for a period of 30 days, a notice that proposes further changes to form HUD-92900-A, which was subject to 60 days of public comment on May 15, 2015. The proposed changes to form HUD-92900- A and to the information collection which is the subject of this 60-day notice on FHA Lender Approval, Annual Renewal, Periodic Updates and Required Reports are intended to not only bring these documents up-to- date, but to improve clarity and HUD's enforcement capabilities.

Federal Register, Volume 80 Issue 169 (Tuesday, September 1, 2015)

[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Notices]
[Pages 52781-52782]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21514]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5835-N-12]


60-Day Notice of Proposed Information Collection: FHA Lender 
Approval, Annual Renewal, Periodic Updates and Required Reports by FHA-
Approved Lenders

AGENCY: Office of the Assistant Secretary for Housing/Federal Housing 
Commissioner, HUD.

ACTION: Notice.

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

SUMMARY: HUD is seeking approval from the Office of Management and 
Budget (OMB) for the information collection described below. In 
accordance with the Paperwork Reduction Act, HUD is requesting comment 
from all interested parties on the proposed collection of information. 
The purpose of this notice is to allow for 60 days of public comment. 
Elsewhere in today's edition of the Federal Register, HUD is publishing 
for public comment, for a period of 30 days, a notice that proposes 
further changes to form HUD-92900-A, which was subject to 60 days of 
public comment on May 15, 2015. The proposed changes to form HUD-92900-
A and to the information collection which is the subject of this 60-day 
notice on FHA Lender Approval, Annual Renewal, Periodic Updates and 
Required Reports are intended to not only bring these documents up-to-
date, but to improve clarity and HUD's enforcement capabilities.

DATES: Comments Due Date: November 2, 2015.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposal.
    Comments should refer to the proposal by name and/or OMB Control 
Number and should be sent to: Colette Pollard, Reports Management 
Officer, QDAM, U.S. Department of Housing and Urban Development, 451 
7th Street SW., Room 4176, Washington, DC 20410-5000; email 
[email protected] or telephone 202-402-3400 (this is not a toll-
free number) for copies of proposed forms or other information. Persons 
with hearing or speech impairments may access this number through TTY 
by calling the toll-free Federal Relay Service at (800) 877-8339.

FOR FURTHER INFORMATION CONTACT: John Higgins, Management Analyst, 
Office of Lender Activities and Program Compliance, Office of Single 
Family Housing, U.S. Department of Housing and Urban Development, 490 
L'Enfant Plaza East SW., Room P3214, Washington, DC 20024-8000; email 
[email protected] or telephone 202-402-6730 (this is not a toll-
free number). Persons with hearing or speech impairments may access 
this number through TTY by calling the toll-free Federal Relay Service 
at (800) 877-8339.
    Copies of available documents submitted to OMB may be obtained from 
Ms. Pollard. Stakeholders may also view the proposed changes to the 
certifications at: http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/sfh/SFH_policy_drafts.

[[Page 52782]]


SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is 
seeking approval from OMB for the information collection described in 
section A.

A. Overview of Information Collection

    Title of Information Collection: FHA Lender Approval, Annual 
Renewal, Periodic Updates and Required Reports by FHA-Approved Lenders.
    OMB Approval Number: 2502-0005.
    Type of Request: Revision.
    Form Number: Online Application for Lender Approval (previously 
HUD-92001-A) and Annual Certification.
    Description of the need for the information and proposed use: The 
Secretary of the Department of Housing and Urban Development is 
authorized to insure lenders and mortgagees against the risk of loss in 
connection with certain mortgages under titles I and II of the National 
Housing Act, 12 U.S.C. 1702 et seq. The Secretary is also authorized to 
prescribe eligibility requirements for approval of these lenders and 
mortgagees to participate in the Department's insured housing programs. 
See 12 U.S.C. 1702 et seq. and 42 U.S.C. 3535(d). Criteria for approval 
to become a title I and/or title II lender mortgagee are specified in 
24 CFR 202, HUD Handbooks 4700.2 & 4060.1, pending HUD Handbook 4000.1 
and various title I letters and Mortgagee Letters. Once approved, FHA 
lenders must provide additional information on an annual basis and 
within specified timeframes of certain events or business changes in 
order to maintain their FHA approval. Lenders submit this information 
electronically using either the Online Application for Lender Approval 
or the Lender Electronic Assessment Portal (LEAP), which is accessed 
via FHA Connection.
    The information is used by FHA to verify that lenders meet all 
approval, renewal and compliance requirements at all times. It is also 
used to assist FHA in managing its financial risks and to protect 
consumers from lender noncompliance with FHA regulations.
    Respondents: Regulatory or compliance.
    Estimated Number of Respondents: 3,310.
    Estimated Number of Responses: 13,255.
    Frequency of Response: Annual/Periodic.
    Average Hours per Response: 1 hour.
    Total Estimated Burdens: 13,305 hours.

B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and 
affected parties concerning the collection of information described in 
section A on the following:
    (1) Whether the proposed collection of information is necessary for 
the proper performance of the functions of 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.
    Revisions to the certification statements included in the Online 
Application for Lender Approval (previously HUD-92001-A) and the Annual 
Certification for FHA-approved lenders and mortgagees are detailed in 
documents available to the public as described above. These documents 
include revisions implemented on January 1, 2015 as well as new 
proposed revisions. This notice is soliciting comments on all revisions 
detailed in these documents.
    The most significant proposed revision is the addition, where 
applicable, of a new certification statement in order to address 
comments received by HUD in response to the 60-Day Notice of Proposed 
Information Collection: Application for FHA Insured Mortgages (FR-5835-
N-06) published on May 15, 2015, which described revisions to form HUD-
92900-A. The certification statement proposed for addition to the 
Annual Certification for FHA-approved lenders and mortgagees would read 
as follows:
    5. I certify that, to the best of my knowledge and after conducting 
a reasonable investigation, during the Certification Period I, my firm 
(i.e., the Mortgagee) and its principals (i.e., the Mortgagee's 
Corporate Officers): (a) Were not Debarred, Suspended, Proposed for 
Debarment, declared ineligible, or voluntarily excluded from covered 
transactions by any Federal department or agency; (b) have not, within 
a three-year period preceding this certification, been convicted of or 
had a civil judgment rendered against them for (i) commission of fraud 
or a criminal offense in connection with obtaining, attempting to 
obtain, or performing a public (Federal, State or local) transaction or 
contract under a public transaction; (ii) violation of Federal or State 
antitrust statutes or commission of embezzlement, theft, forgery, 
bribery, falsification or destruction of records, making false 
statements, or receiving stolen property; (c) were not indicted for or 
otherwise criminally or civilly charged by a governmental entity 
(Federal, State or local) with commission of any of the offenses 
enumerated in 5(b) of this certification; and (d) have not, within a 
three-year period preceding this certification, had one or more public 
transactions (Federal, State or local) terminated for cause or default, 
except for those occurrences, if any, the Mortgagee reported to HUD 
during the Certification Period and for which the Mortgagee received 
explicit clearance from HUD to continue with the certification process.
    A similar certification statement would be added to the Online 
Application for Lender Approval with minor technical differences due to 
the format of the Online Application.
    The new certification statement would require FHA-approved lenders 
and lender applicants for FHA approval to certify compliance with FHA 
requirements regarding the events or occurrences currently covered 
under form HUD-92900-A, item G, which HUD has proposed to remove, in 
part, from that form. HUD has determined that this statement should 
apply at the lender level rather than the loan level so that any 
related noncompliance is subject to the procedures of the Mortgagee 
Review Board as set forth in sections 202(c) and 536 of the National 
Housing Act (12 U.S.C. 1708(c) and 1735f-14), and parts 25 and 30 of 
title 24 of the Code of Federal Regulations (24 CFR parts 25 and 30).
    Other revisions detailed in documents available to the public are 
technical in nature, including renumbering of statements, minor 
language changes for consistency between certification versions, and 
the removal of ambiguous terms that are captured in requirements or 
other well-defined terms found in HUD Handbook 4000.1, effective 
September 14, 2015.
    HUD encourages interested parties to submit comment in response to 
these questions.

     Authority:  Section 3507 of the Paperwork Reduction Act of 
1995, 44 U.S.C. chapter 35.

    Dated: August 26, 2015.
Robert E. Mulderig,
Associate Deputy Assistant Secretary for Single Family Housing.
[FR Doc. 2015-21514 Filed 8-31-15; 8:45 am]
 BILLING CODE 4210-67-P

Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Notices 52781

seeking approval from OMB for the Frequency of Response: The SUMMARY: HUD is seeking approval from
information collection described in frequency of response for both survey, the Office of Management and Budget
Section A. interview, and/or data collection, and (OMB) for the information collection
The Federal Register notice that direct technical assistance is twice per described below. In accordance with the
solicited public comment on the solicitation. Paperwork Reduction Act, HUD is
information collection for a period of 60 Average Hours per Response: The requesting comment from all interested
days was published on October 15, 2014 average hour per response for surveys, parties on the proposed collection of
at 79 FR 61897. interview, and/or data collection is 1.5 information. The purpose of this notice
hours. The average hour per response is to allow for 60 days of public
A. Overview of Information Collection
for direct technical assistance is 1 hour. comment. Elsewhere in today’s edition
Title of Information Collection: Strong Total Estimated Burdens: The total of the Federal Register, HUD is
Cities Strong Communities National estimated burden for surveys, interview, publishing for public comment, for a
Resource Network. and/or data collection is 360 hours. The period of 30 days, a notice that proposes
OMB Approval Number: 2528–0289. total estimated burden hours for direct further changes to form HUD–92900–A,
Type of Request: This is a revision to technical assistance is 1000 hours. which was subject to 60 days of public
the existing information collection for comment on May 15, 2015. The
B. Solicitation of Public Comment
the SC2 Network. proposed changes to form HUD–92900–
Form Number: N/A. This notice is soliciting comments A and to the information collection
Description of the need for the from members of the public and affected which is the subject of this 60-day
information and proposed use: The parties concerning the collection of notice on FHA Lender Approval,
Strong Cities Strong Communities information described in Section A on Annual Renewal, Periodic Updates and
National Resource Network (SC2 the following: Required Reports are intended to not
Network) provides comprehensive (1) Whether the proposed collection only bring these documents up-to-date,
technical assistance to cities with of information is necessary for the but to improve clarity and HUD’s
populations of 40,000 or more that are proper performance of the functions of enforcement capabilities.
experiencing long-term economic the agency, including whether the DATES: Comments Due Date: November
challenges as evidenced by population information will have practical utility; 2, 2015.
decline, high unemployment rates, high (2) The accuracy of the agency’s
estimate of the burden of the proposed ADDRESSES: Interested persons are
poverty, and low education attainment.
collection of information; invited to submit comments regarding
The SC2 Network is seeking to evaluate
(3) Ways to enhance the quality, this proposal.
its program through a combination of
site visits, surveys, interviews, and utility, and clarity of the information to Comments should refer to the
quantitative and qualitative data be collected; and proposal by name and/or OMB Control
collection. In addition, the SC2 Network (4) Ways to minimize the burden of Number and should be sent to: Colette
will solicit information from cities to the collection of information on those Pollard, Reports Management Officer,
provide direct technical assistance. who are to respond; including through QDAM, U.S. Department of Housing and
Such information includes information the use of appropriate automated Urban Development, 451 7th Street SW.,
related to population; employment collection techniques or other forms of Room 4176, Washington, DC 20410–
rates; poverty; education attainment; information technology, e.g., permitting 5000; email Colette.Pollard@hud.gov or
fiscal and economic distress; priorities, electronic submission of responses. telephone 202–402–3400 (this is not a
goals, and initiatives of local HUD encourages interested parties to toll-free number) for copies of proposed
government; regional partnerships or submit comment in response to these forms or other information. Persons
efforts; types of direct assistance that questions. with hearing or speech impairments
could improve a city’s economic Authority: 12 U.S.C. 1701z–1 Research and
may access this number through TTY by
outcome; support from political and Demonstrations. calling the toll-free Federal Relay
community leadership; city budgets; Service at (800) 877–8339.
Date: August 26, 2015.
and comprehensive annual financial FOR FURTHER INFORMATION CONTACT: John
Colette Pollard,
reports. Higgins, Management Analyst, Office of
Department Reports Management Officer,
Respondents: Respondents are from Office of the Chief Information Officer.
Lender Activities and Program
local governments, as well as from Compliance, Office of Single Family
[FR Doc. 2015–21652 Filed 8–31–15; 8:45 am]
anchor institutions, and public and Housing, U.S. Department of Housing
BILLING CODE 4210–67–P
private organizations that work with and Urban Development, 490 L’Enfant
local governments. Plaza East SW., Room P3214,
Estimated Number of Respondents: Washington, DC 20024–8000; email
DEPARTMENT OF HOUSING AND
The estimated number of respondents to John.S.Higgins@hud.gov or telephone
URBAN DEVELOPMENT
complete surveys, interviews, and/or 202–402–6730 (this is not a toll-free
provide data collection is estimated to [Docket No. FR–5835–N–12] number). Persons with hearing or
be 120 respondents. The estimated speech impairments may access this
number of respondents to provide 60-Day Notice of Proposed Information number through TTY by calling the toll-
information to the SC2 Network to Collection: FHA Lender Approval, free Federal Relay Service at (800) 877–
Annual Renewal, Periodic Updates and 8339.
mstockstill on DSK4VPTVN1PROD with NOTICES

solicit for direct technical assistance is
estimated to be 500. Required Reports by FHA-Approved Copies of available documents
Estimated Number of Responses: The Lenders submitted to OMB may be obtained
estimated number of responses for AGENCY: Office of the Assistant from Ms. Pollard. Stakeholders may also
surveys, interviews, and/or data Secretary for Housing/Federal Housing view the proposed changes to the
collection is estimated to be 240. The Commissioner, HUD. certifications at: http://portal.hud.gov/
estimated number of responses for hudportal/HUD?src=/program_offices/
ACTION: Notice.
direct technical assistance is 1000. housing/sfh/SFH_policy_drafts.

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52782 Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Notices

SUPPLEMENTARY INFORMATION: This parties concerning the collection of forgery, bribery, falsification or
notice informs the public that HUD is information described in section A on destruction of records, making false
seeking approval from OMB for the the following: statements, or receiving stolen property;
information collection described in (1) Whether the proposed collection (c) were not indicted for or otherwise
section A. of information is necessary for the criminally or civilly charged by a
proper performance of the functions of governmental entity (Federal, State or
A. Overview of Information Collection the agency, including whether the local) with commission of any of the
Title of Information Collection: FHA information will have practical utility; offenses enumerated in 5(b) of this
Lender Approval, Annual Renewal, (2) The accuracy of the agency’s
certification; and (d) have not, within a
Periodic Updates and Required Reports estimate of the burden of the proposed
three-year period preceding this
by FHA-Approved Lenders. collection of information; (3) Ways to
OMB Approval Number: 2502–0005. enhance the quality, utility, and clarity certification, had one or more public
Type of Request: Revision. of the information to be collected; and transactions (Federal, State or local)
Form Number: Online Application for (4) Ways to minimize the burden of the terminated for cause or default, except
Lender Approval (previously HUD– collection of information on those who for those occurrences, if any, the
92001–A) and Annual Certification. are to respond, including through the Mortgagee reported to HUD during the
Description of the need for the use of appropriate automated collection Certification Period and for which the
information and proposed use: The techniques or other forms of information Mortgagee received explicit clearance
Secretary of the Department of Housing technology, e.g., permitting electronic from HUD to continue with the
and Urban Development is authorized to submission of responses. certification process.
insure lenders and mortgagees against Revisions to the certification A similar certification statement
the risk of loss in connection with statements included in the Online would be added to the Online
certain mortgages under titles I and II of Application for Lender Approval Application for Lender Approval with
the National Housing Act, 12 U.S.C. (previously HUD–92001–A) and the minor technical differences due to the
1702 et seq. The Secretary is also Annual Certification for FHA-approved format of the Online Application.
authorized to prescribe eligibility lenders and mortgagees are detailed in
requirements for approval of these documents available to the public as The new certification statement
lenders and mortgagees to participate in described above. These documents would require FHA-approved lenders
the Department’s insured housing include revisions implemented on and lender applicants for FHA approval
programs. See 12 U.S.C. 1702 et seq. and January 1, 2015 as well as new proposed to certify compliance with FHA
42 U.S.C. 3535(d). Criteria for approval revisions. This notice is soliciting requirements regarding the events or
to become a title I and/or title II lender comments on all revisions detailed in occurrences currently covered under
mortgagee are specified in 24 CFR 202, these documents. form HUD–92900–A, item G, which
HUD Handbooks 4700.2 & 4060.1, The most significant proposed HUD has proposed to remove, in part,
pending HUD Handbook 4000.1 and revision is the addition, where from that form. HUD has determined
various title I letters and Mortgagee applicable, of a new certification that this statement should apply at the
Letters. Once approved, FHA lenders statement in order to address comments lender level rather than the loan level so
must provide additional information on received by HUD in response to the 60- that any related noncompliance is
an annual basis and within specified Day Notice of Proposed Information subject to the procedures of the
timeframes of certain events or business Collection: Application for FHA Insured Mortgagee Review Board as set forth in
changes in order to maintain their FHA Mortgages (FR–5835–N–06) published sections 202(c) and 536 of the National
approval. Lenders submit this on May 15, 2015, which described Housing Act (12 U.S.C. 1708(c) and
information electronically using either revisions to form HUD–92900–A. The
1735f–14), and parts 25 and 30 of title
the Online Application for Lender certification statement proposed for
24 of the Code of Federal Regulations
Approval or the Lender Electronic addition to the Annual Certification for
FHA-approved lenders and mortgagees (24 CFR parts 25 and 30).
Assessment Portal (LEAP), which is
accessed via FHA Connection. would read as follows: Other revisions detailed in documents
The information is used by FHA to 5. I certify that, to the best of my available to the public are technical in
verify that lenders meet all approval, knowledge and after conducting a nature, including renumbering of
renewal and compliance requirements reasonable investigation, during the statements, minor language changes for
at all times. It is also used to assist FHA Certification Period I, my firm (i.e., the consistency between certification
in managing its financial risks and to Mortgagee) and its principals (i.e., the versions, and the removal of ambiguous
protect consumers from lender Mortgagee’s Corporate Officers): (a) terms that are captured in requirements
noncompliance with FHA regulations. Were not Debarred, Suspended, or other well-defined terms found in
Respondents: Regulatory or Proposed for Debarment, declared HUD Handbook 4000.1, effective
compliance. ineligible, or voluntarily excluded from September 14, 2015.
Estimated Number of Respondents: covered transactions by any Federal
department or agency; (b) have not, HUD encourages interested parties to
3,310. submit comment in response to these
Estimated Number of Responses: within a three-year period preceding
this certification, been convicted of or questions.
13,255.
Frequency of Response: Annual/ had a civil judgment rendered against Authority: Section 3507 of the Paperwork
mstockstill on DSK4VPTVN1PROD with NOTICES

Periodic. them for (i) commission of fraud or a Reduction Act of 1995, 44 U.S.C. chapter 35.
Average Hours per Response: 1 hour. criminal offense in connection with Dated: August 26, 2015.
Total Estimated Burdens: 13,305 obtaining, attempting to obtain, or
performing a public (Federal, State or Robert E. Mulderig,
hours.
local) transaction or contract under a Associate Deputy Assistant Secretary for
B. Solicitation of Public Comment public transaction; (ii) violation of Single Family Housing.
This notice is soliciting comments Federal or State antitrust statutes or [FR Doc. 2015–21514 Filed 8–31–15; 8:45 am]
from members of the public and affected commission of embezzlement, theft, BILLING CODE 4210–67–P

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Document Created: 2018-02-26 10:04:43
Document Modified: 2018-02-26 10:04:43

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Comments Due Date: November 2, 2015.
Contact		John Higgins, Management Analyst, Office of Lender Activities and Program Compliance, Office of Single Family Housing, U.S. Department of Housing and Urban Development, 490 L'Enfant Plaza East SW., Room P3214, Washington, DC 20024-8000; email [email protected] or telephone 202-402-6730 (this is not a toll- free number). Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.
FR Citation		80 FR 52781