81 FR 13816 - 30-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 81, Issue 50 (March 15, 2016)

Page Range		13816-13817
FR Document		2016-05779

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.

Federal Register, Volume 81 Issue 50 (Tuesday, March 15, 2016)

[Federal Register Volume 81, Number 50 (Tuesday, March 15, 2016)]
[Notices]
[Pages 13816-13817]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05779]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5909-N-13]


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

AGENCY: Office of the Chief Information Officer, 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.

DATES: Comments Due Date: April 14, 2016.

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: HUD Desk Officer, Office of 
Management and Budget, New Executive Office Building, Washington, DC 
20503; fax: 202-395-5806. Email: [email protected].

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

SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is 
seeking approval from OMB for the information collection described in 
Section A. The Federal Register notice that solicited public comment on 
the information collection for a period of 60 days was published on 
September 1, 2015 at 80 FR 52781.

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 of currently approved collection.
    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 criteria for approval of these lenders and mortgagees to 
participate in the Department's insured housing programs, including 
certain statutory and regulatory eligibility requirements set forth in 
12 U.S.C. 1702(d)(2) and 24 CFR 202.5. 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 Mortgagee are specified in 24 CFR 202 and HUD Handbook 4000.1. 
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 
already approved by FHA submit this information annually using the 
Lender Electronic Assessment Portal (LEAP), which is accessed via FHA 
Connection. Prospective lender applicants submit this information 
electronically using the Online Application for Lender Approval, which 
is accessed via the hud.gov Web site. The information is used by FHA to 
verify that lenders meet all approval and eligibility requirements. It 
is also used to assist FHA in managing its financial risks and to 
protect consumers from lender noncompliance with FHA regulations. 
Proposed revisions to the annual certification statements included in 
FHA's Lender Electronic Assessment Portal (LEAP) and the initial 
certification statements included in FHA's Online Application for 
Lender Approval, as well as HUD's responses to comments received from 
the 60-day notice, are available on HUD's Web site at: http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/sfh/SFH_policy_drafts.
    Respondents: Regulatory or compliance.
    Estimated Number of Respondents: 3,115.
    Estimated Number of Responses: 13,260.
    Frequency of Response: Annual/Periodic.
    Average Hours per Response: 1.00 hour.
    Total Estimated Burdens: 13,320 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

[[Page 13817]]

information technology, e.g., permitting electronic submission of 
responses.
    HUD encourages interested parties to submit comment in response to 
these questions.

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

    Dated: March 10, 2016.
Colette Pollard,
Department Reports Management Officer, Office of the Chief Information 
Officer.
[FR Doc. 2016-05779 Filed 3-14-16; 8:45 am]
BILLING CODE 4210-67-P

13816 Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Notices

Temporary Protected Status (TPS), and DATES: Comments Due Date: April 14, and HUD Handbook 4000.1. Once
aliens abroad seeking humanitarian 2016. approved, FHA lenders must provide
parole who need to apply for a travel ADDRESSES: Interested persons are additional information on an annual
document to lawfully enter or reenter invited to submit comments regarding basis and within specified timeframes of
the United States. Eligible recipients of this proposal. Comments should refer to certain events or business changes in
deferred action under childhood arrivals the proposal by name and/or OMB order to maintain their FHA approval.
(DACA) may now request an advance Control Number and should be sent to: Lenders already approved by FHA
parole documents based on HUD Desk Officer, Office of submit this information annually using
humanitarian, educational and Management and Budget, New the Lender Electronic Assessment Portal
employment reasons. Lawful permanent Executive Office Building, Washington, (LEAP), which is accessed via FHA
residents may now file requests for DC 20503; fax: 202–395–5806. Email: Connection. Prospective lender
travel permits (transportation letter or OIRA_Submission@omb.eop.gov. applicants submit this information
boarding foil). electronically using the Online
FOR FURTHER INFORMATION CONTACT:
(5) An estimate of the total number of Application for Lender Approval, which
Colette Pollard, Reports Management
respondents and the amount of time is accessed via the hud.gov Web site.
Officer, QMAC, Department of Housing
estimated for an average respondent to The information is used by FHA to
and Urban Development, 451 7th Street
respond: The estimated total number of verify that lenders meet all approval and
SW., Washington, DC 20410; email
respondents for the information eligibility requirements. It is also used
Colette Pollard at Colette.Pollard@
collection I–131 is 495,090 and the to assist FHA in managing its financial
hud.gov or telephone 202–402–3400.
estimated hour burden per response is risks and to protect consumers from
This is not a toll-free number. Persons
1.9 hours; 71,665 respondents providing lender noncompliance with FHA
with hearing or speech impairments
biometrics at 1.17 hours; and 293,733 regulations. Proposed revisions to the
may access this number through TTY by
respondents providing passport-style annual certification statements included
calling the toll-free Federal Relay
photographs at .50 hours. in FHA’s Lender Electronic Assessment
Service at (800) 877–8339.
(6) An estimate of the total public Copies of available documents Portal (LEAP) and the initial
burden (in hours) associated with the submitted to OMB may be obtained certification statements included in
collection: The total estimated annual from Ms. Pollard. FHA’s Online Application for Lender
hour burden associated with this Approval, as well as HUD’s responses to
SUPPLEMENTARY INFORMATION: This
collection is 1,171,386 hours. comments received from the 60-day
(7) An estimate of the total public notice informs the public that HUD is notice, are available on HUD’s Web site
burden (in cost) associated with the seeking approval from OMB for the at: http://portal.hud.gov/hudportal/
collection: The estimated total annual information collection described in HUD?src=/program_offices/housing/sfh/
cost burden associated with this Section A. The Federal Register notice SFH_policy_drafts.
collection of information is that solicited public comment on the
Respondents: Regulatory or
$148,493,790. information collection for a period of 60
compliance.
days was published on September 1,
Dated: March 10, 2016. Estimated Number of Respondents:
2015 at 80 FR 52781.
Samantha Deshommes, 3,115.
Acting Chief, Regulatory Coordination
A. Overview of Information Collection Estimated Number of Responses:
Division, Office of Policy and Strategy, U.S. Title of Information Collection: FHA 13,260.
Citizenship and Immigration Services, Lender Approval, Annual Renewal, Frequency of Response: Annual/
Department of Homeland Security. Periodic Updates and Required Reports Periodic.
[FR Doc. 2016–05839 Filed 3–14–16; 8:45 am] by FHA-Approved Lenders. Average Hours per Response: 1.00
BILLING CODE 9111–97–P OMB Approval Number: 2502–0005. hour.
Type of Request: Revision of currently Total Estimated Burdens: 13,320
approved collection. hours.
Form Number: Online Application for B. Solicitation of Public Comment
DEPARTMENT OF HOUSING AND Lender Approval (previously HUD–
URBAN DEVELOPMENT 92001–A) and Annual Certification. This notice is soliciting comments
Description of the need for the from members of the public and affected
[Docket No. FR–5909–N–13] information and proposed use: The parties concerning the collection of
Secretary of the Department of Housing information described in Section A on
30-Day Notice of Proposed Information the following:
and Urban Development is authorized to
Collection: FHA Lender Approval,
insure lenders and mortgagees against (1) Whether the proposed collection
Annual Renewal, Periodic Updates and
the risk of loss in connection with of information is necessary for the
Required Reports by FHA-Approved
certain mortgages under Titles I and II proper performance of the functions of
Lenders
of the National Housing Act, 12 U.S.C. the agency, including whether the
AGENCY: Office of the Chief Information 1702 et seq. The Secretary is also information will have practical utility;
Officer, HUD. authorized to prescribe criteria for (2) The accuracy of the agency’s
ACTION: Notice. approval of these lenders and estimate of the burden of the proposed
mortgagees to participate in the collection of information;
asabaliauskas on DSK3SPTVN1PROD with NOTICES

SUMMARY: HUD has submitted the Department’s insured housing programs, (3) Ways to enhance the quality,
proposed information collection including certain statutory and utility, and clarity of the information to
requirement described below to the regulatory eligibility requirements set be collected; and
Office of Management and Budget forth in 12 U.S.C. 1702(d)(2) and 24 CFR (4) Ways to minimize the burden of
(OMB) for review, in accordance with 202.5. See 12 U.S.C. 1702 et seq. and 42 the collection of information on those
the Paperwork Reduction Act. The U.S.C. 3535(d). Criteria for approval to who are to respond; including through
purpose of this notice is to allow for an become a Title I and/or Title II the use of appropriate automated
additional 30 days of public comment. Mortgagee are specified in 24 CFR 202 collection techniques or other forms of

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Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Notices 13817

information technology, e.g., permitting those regulations prior to entering into notions of Indian self-government,’’
electronic submission of responses. leases. The Act requires the Secretary to requires a particularized examination of
HUD encourages interested parties to approve Tribal regulations if the Tribal the relevant State, Federal, and Tribal
submit comment in response to these regulations are consistent with the interests. We hereby adopt the Bracker
questions. Department of the Interior’s (the analysis from the preamble to the
Authority: Section 3507 of the Paperwork Department) leasing regulations at 25 surface leasing regulations, 77 FR at
Reduction Act of 1995, 44 U.S.C. Chapter 35. CFR part 162 and provide for an 72447–48, as supplemented by the
environmental review process that analysis below.
Dated: March 10, 2016.
meets requirements set forth in the Act. The strong Federal and Tribal
Colette Pollard, interests against State and local taxation
This notice announces that the
Department Reports Management Officer, Secretary, through the Assistant of improvements, leaseholds, and
Office of the Chief Information Officer. activities on land leased under the
Secretary—Indian Affairs, has approved
[FR Doc. 2016–05779 Filed 3–14–16; 8:45 am] the Tribal regulations for the Shakopee Department’s leasing regulations apply
BILLING CODE 4210–67–P Mdewakanton Sioux Community. equally to improvements, leaseholds,
and activities on land leased pursuant to
II. Federal Preemption of State and Tribal leasing regulations approved
DEPARTMENT OF THE INTERIOR Local Taxes under the HEARTH Act. Congress’s
The Department’s regulations overarching intent was to ‘‘allow Tribes
Bureau of Indian Affairs governing the surface leasing of trust to exercise greater control over their
[167 A2100DD/AAKC001030/ and restricted Indian lands specify that, own land, support self-determination,
A0A501010.999900] subject to applicable Federal law, and eliminate bureaucratic delays that
permanent improvements on leased stand in the way of homeownership and
HEARTH Act Approval of Shakopee land, leasehold or possessory interests, economic development in Tribal
Mdewakanton Sioux Community and activities under the lease are not communities.’’ 158 Cong. Rec. H. 2682
Regulations subject to State and local taxation and (May 15, 2012). The HEARTH Act was
may be subject to taxation by the Indian intended to afford Tribes ‘‘flexibility to
AGENCY: Bureau of Indian Affairs, Tribe with jurisdiction. See 25 CFR adapt lease terms to suit [their] business
Interior. 162.017. As explained further in the and cultural needs’’ and to ‘‘enable
ACTION: Notice. preamble to the final regulations, the [Tribes] to approve leases quickly and
SUMMARY: On March 3, 2016, the Bureau Federal government has a strong interest efficiently.’’ Id. at 5–6.
of Indian Affairs (BIA) approved the in promoting economic development, Assessment of State and local taxes
Shakopee Mdewakanton Sioux self-determination, and Tribal would obstruct these express Federal
Community leasing regulations under sovereignty. 77 FR 72440 at 72447–48 policies supporting Tribal economic
the HEARTH Act. With this approval, (December 5, 2012). The principles development and self-determination,
supporting the Federal preemption of and also threaten substantial Tribal
the Tribe is authorized to enter into the
State law in the field of Indian leasing interests in effective Tribal government,
following type of leases without BIA
and the taxation of lease-related economic self-sufficiency, and territorial
approval: Business site leases.
interests and activities applies with autonomy. See Michigan v. Bay Mills
FOR FURTHER INFORMATION CONTACT:
equal force to leases entered into under Indian Community, 134 S. Ct. 2024,
Sharlene Round Face, Bureau of Indian Tribal leasing regulations approved by 2043 (2014) (Sotomayor, J., concurring)
Affairs, Division of Real Estate Services, the Federal government pursuant to the (determining that ‘‘[a] key goal of the
MS–4642–MIB, 1849 C Street NW., HEARTH Act. Federal Government is to render Tribes
Washington, DC 20240, at (202) 208– Section 5 of the Indian Reorganization more self-sufficient, and better
3615. Act, 25 U.S.C. 465, preempts State and positioned to fund their own sovereign
SUPPLEMENTARY INFORMATION: local taxation of permanent functions, rather than relying on Federal
improvements on trust land. funding’’). The additional costs of State
I. Summary of the HEARTH Act Confederated Tribes of the Chehalis and local taxation have a chilling effect
The HEARTH (Helping Expedite and Reservation v. Thurston County, 724 on potential lessees, as well as on a
Advance Responsible Tribal F.3d 1153, 1157 (9th Cir. 2013) (citing Tribe that, as a result, might refrain from
Homeownership) Act of 2012 (the Act) Mescalero Apache Tribe v. Jones, 411 exercising its own sovereign right to
makes a voluntary, alternative land U.S. 145 (1973)). Similarly, section 465 impose a Tribal tax to support its
leasing process available to Tribes, by preempts State taxation of rent infrastructure needs. See id. at 2043–44
amending the Indian Long-Term Leasing payments by a lessee for leased trust (finding that State and local taxes
Act of 1955, 25 U.S.C. 415. The Act lands, because ‘‘tax on the payment of greatly discourage Tribes from raising
authorizes Tribes to negotiate and enter rent is indistinguishable from an tax revenue from the same sources
into agricultural and business leases of impermissible tax on the land.’’ See because the imposition of double
Tribal trust lands with a primary term Seminole Tribe of Florida v. Stranburg, taxation would impede Tribal economic
of 25 years, and up to two renewal terms No. 14–14524, *13–*17, n.8 (11th Cir. growth).
of 25 years each, without the approval 2015). In addition, as explained in the Just like BIA’s surface leasing
of the Secretary of the Interior. The Act preamble to the revised leasing regulations, Tribal regulations under the
also authorizes Tribes to enter into regulations at 25 CFR part 162, Federal HEARTH Act pervasively cover all
asabaliauskas on DSK3SPTVN1PROD with NOTICES

leases for residential, recreational, courts have applied a balancing test to aspects of leasing. See Guidance for the
religious, or educational purposes for a determine whether State and local Approval of Tribal Leasing Regulations
primary term of up to 75 years without taxation of non-Indians on the under the HEARTH Act, NPM–TRUS–
the approval of the Secretary. reservation is preempted. White 29 (effective Jan. 16, 2013) (providing
Participating Tribes develop Tribal Mountain Apache Tribe v. Bracker, 448 guidance on Federal review process to
leasing regulations, including an U.S. 136, 143 (1980). The Bracker ensure consistency of proposed Tribal
environmental review process, and then balancing test, which is conducted regulations with part 162 regulations
must obtain the Secretary’s approval of against a backdrop of ‘‘traditional and listing required Tribal regulatory

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Document Created: 2016-03-15 04:07:22
Document Modified: 2016-03-15 04:07:22

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.
Contact		Colette Pollard, Reports Management Officer, QMAC, 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. 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		81 FR 13816