81_FR_52856 81 FR 52703 - 60-Day Notice of Proposed Information Collection: Energy Benchmarking OMB Control No.: 2502-NEW

81 FR 52703 - 60-Day Notice of Proposed Information Collection: Energy Benchmarking OMB Control No.: 2502-NEW

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 153 (August 9, 2016)

Page Range52703-52708
FR Document2016-18877

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.

Federal Register, Volume 81 Issue 153 (Tuesday, August 9, 2016)
[Federal Register Volume 81, Number 153 (Tuesday, August 9, 2016)]
[Notices]
[Pages 52703-52708]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18877]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5913-N-17]


60-Day Notice of Proposed Information Collection: Energy 
Benchmarking OMB Control No.: 2502-NEW

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.

[[Page 52704]]


DATES: Comment Due Date: October 11, 2016.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposal. Comments should refer to the proposal by name and should 
be sent to: Colette Pollard, Reports Management Officer, QDAM, 
Department of Housing and Urban Development, 451 7th Street SW., Room 
4176, Washington, DC 20410-5000; telephone 202-402-3400 (this is not a 
toll-free number) or email at [email protected] for a copy of the 
proposed forms or other available information. Persons with hearing or 
speech impairments may access this number through TTY by calling the 
toll- free Federal Relay Service at (800) 877-8339.
    Electronic Submission of Comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
www.regulations.gov. HUD strongly encourages commenters to submit 
comments electronically. Electronic submission of comments allows the 
commenter maximum time to prepare and submit a comment, ensures timely 
receipt by HUD, and enables HUD to make them immediately available to 
the public. Comments submitted electronically through the 
www.regulations.gov Web site can be viewed by other commenters and 
interested members of the public. Commenters should follow the 
instructions provided on that site to submit comments electronically.

    Note: To receive consideration as public comments, comments must 
be submitted through one of the two methods specified above. Again, 
all submissions must refer to the docket number and title of the 
notice.

    No Facsimile Comments. Facsimile (fax) comments are not acceptable.

FOR FURTHER INFORMATION CONTACT: Stan Houle, Office of Multifamily 
Housing Programs, Department of Housing and Urban Development, 451 7th 
Street SW., Room 10139, Washington, DC 20410, telephone 202-708-3054. 
(This is not a toll-free number.) Persons with hearing or speech 
impairments may access these numbers through TTY by calling the toll-
free Federal Information Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

The President's Climate Action Plan

    The President's Climate Action Plan calls on Federal agencies to 
rapidly increase investments in energy productivity, eliminate energy 
waste, ramp up efficiency standards, and deploy the tools and 
technology needed to build a new energy economy. The residential 
building sector is responsible for fully 21 percent of the nation's 
greenhouse gas emissions. Utility costs (energy and water) account for 
around 22 percent of public housing operating budgets and a similar 
share in the assisted housing sector. HUD spends an estimated $6.4 
billion annually to cover the costs of utilities in its public and 
assisted housing programs.\1\
---------------------------------------------------------------------------

    \1\ See https://portal.hud.gov/hudportal/documents/huddoc?id=afrfy13_egyeff.pdf.
---------------------------------------------------------------------------

    HUD is committed to creating energy-efficient, water-efficient, and 
healthy housing as part of a broader effort to foster the development 
of inclusive, sustainable, and resilient communities. Investments in 
energy-efficiency and water-efficiency pay dividends by improving 
occupant comfort, reducing tenant turnover, stabilizing operating 
costs, alleviating taxpayer burden, preserving affordable housing, 
ensuring disaster resilience, and mitigating climate change. As such, 
the Office of Multifamily Housing Programs in HUD's Office of Housing 
has taken several steps to encourage greater energy and water 
efficiency in multifamily housing, including:
     Updating and standardizing the utility allowance 
methodology for assisted properties that must submit annual 
documentation of utility allowances (estimated 70 percent of 
portfolio); \2\ (See Section ``Other PRA Collections that Impact this 
Submission'' for more information on how other previously approved PRA 
collections relate to Energy Benchmarking.)
---------------------------------------------------------------------------

    \2\ See http://portal.hud.gov/hudportal/documents/huddoc?id=15-04hsgn.pdf.
---------------------------------------------------------------------------

     Offering incentives to multifamily owners and management 
agents who have joined the Better Buildings Challenge, set a goal of 
reducing energy and/or water use by 20 percent within 10 years, and 
established themselves as leaders in the field with respect to energy 
and/or water efficiency; \3\
---------------------------------------------------------------------------

    \3\ See https://www4.eere.energy.gov/challenge/home.
---------------------------------------------------------------------------

     Providing access to capital to make energy improvements by 
implementing changes to the Federal Housing Administration's (FHA) 
underwriting standards in the Multifamily Accelerated Processing Guide 
(MAP Guide) to allow greater loan proceeds from standard offerings, 
supporting products such as the Fannie Mae Green Preservation Plus 
loan, and affirming how owners may use reserve for replacement funds to 
make energy and/or water improvements; \4\ (See Section ``Other PRA 
Collections that Impact this Submission'' for more information on how 
other previously approved PRA collections relate to Energy 
Benchmarking.)
---------------------------------------------------------------------------

    \4\ See http://www.fanniemae.com/portal/about-us/media/corporate-news/2014/6117.html.
---------------------------------------------------------------------------

     Lowering annual multifamily mortgage insurance premiums 
for energy-efficient properties (those committed to achieving an 
industry-recognized green building standard and to maintaining energy 
performance in the top 25 percent of multifamily buildings nationwide);
     Developing and implementing a standardized Capital Needs 
Assessment suite of online tools (CNA e-Tool) available (later in 2016) 
for free to assist borrowers with submitting standard information to 
HUD, the U.S. Department of Agriculture, and others; \5\
---------------------------------------------------------------------------

    \5\ See Form HUD-9001a-ORCF at http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/forms/hud9.
---------------------------------------------------------------------------

     Developing a ``pay for success'' demonstration program 
under which the Department will execute budget-neutral, performance-
based agreements that result in a reduction in energy or water costs. 
Recent legislation authorized HUD to implement this pilot from FY 2016 
to FY 2019 in up to 20,000 units of multifamily buildings participating 
in the PBRA, Sec. 202 and Sec. 811 programs; and
     Publishing guidance on utilizing Property Assessed Clean 
Energy (PACE) financing with HUD-assisted and FHA-insured properties.
Accounting for Energy and Water Usage
    While HUD has a vested interest in eliminating energy and water 
waste in the assisted housing stock and stabilizing operating costs in 
both the insured and assisted housing stocks, to ensure that taxpayer 
investments in multifamily housing are viable for the long-term, the 
Office of Multifamily Housing Programs is currently unable to 
effectively analyze the energy and water use patterns, improvement 
potential, and investment needs of properties in the assisted and 
insured portfolios.
    In 2003 and 2008, the Harvard Graduate School of Design \6\ and the 
Government Accountability Office,\7\ respectively, strongly recommended 
that HUD require the practice of utility benchmarking across its 
housing portfolios. Utility benchmarking involves tracking the utility 
consumption of a development on an on-going basis, calculating the 
energy

[[Page 52705]]

and water efficiency of the development, and comparing its efficiency 
to similar developments. It is a valuable tool in the strategic 
management of building portfolios. As such, a growing number of 
municipal and state governments across the country are instituting 
utility benchmarking requirements across the country in order that 
government policymakers, funding providers, and building owners alike 
can make data-driven decisions.
---------------------------------------------------------------------------

    \6\ See http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_9238.pdf.
    \7\ See http://www.gao.gov/products/GAO-09-46.
---------------------------------------------------------------------------

    Though obstacles remain, utility benchmarking is rapidly becoming 
quicker, easier, more automated, and more integrated as it becomes an 
industry-standard best practice. In September 2014, the U.S. 
Environmental Protection Agency (EPA) developed a new feature for its 
free, web-based tool called ENERGY STAR Portfolio Manager, which allows 
users to calculate an energy-efficiency rating or ``benchmarking 
score'' for most multifamily developments. Benchmarking scores 
developed through ENERGY STAR Portfolio Manager are officially known as 
ENERGY STAR Scores. These scores are available for multifamily housing 
properties of 20 units or more. A score of 50 indicates energy 
performance consistent with the national median, while 100 represents a 
top performer, and a score of at least 75 may make buildings eligible 
for ENERGY STAR certification.\8\ The EPA will release a similar 
benchmark score for water usage in approximately a year. With these 
advancements, building owners across the country now have access to a 
free tool for utility benchmarking that can be used without the need to 
hire a building professional.
---------------------------------------------------------------------------

    \8\ See http://www.energystar.gov/buildings/facility-owners-and-managers/existing-buildings/use-portfolio-manager. See also former 
HUD Secretary Shaun Donovan's July 17, 2014, letter to Property 
Owners and Operators participating in HUD programs encouraging the 
use of EPA's ENERGY STAR Portfolio Manager at http://portal.hud.gov/hudportal/documents/huddoc?id=SOHUDSignedLetterPHAsMFH.pdf.
---------------------------------------------------------------------------

A Deeper Look at Utility Benchmarking
    Utility benchmarking helps building owners to understand their 
buildings' energy and water performance, allowing them to detect 
malfunctioning equipment and billing errors, prioritize operational and 
capital improvements, verify the return on those investments, and plan 
future budget needs. Indeed, the practice of utility benchmarking leads 
to significant improvements in building performance. Based on analysis 
of more than 35,000 buildings covered by newly established local energy 
benchmarking laws, EPA found an average energy use reduction of seven 
percent between 2008 and 2011.\9\
---------------------------------------------------------------------------

    \9\ See http://www.energystar.gov/sites/default/files/buildings/tools/DataTrends_Savings_20121002.pdf.
---------------------------------------------------------------------------

    In addition to the direct benefits to building owners, the sharing 
of utility benchmarking data allows government policymakers and funding 
providers (in this case, HUD acts as both) to account for utility 
expenditures, plan future budget needs, develop efficiency incentive 
programs, offer targeted technical assistance, and verify the return on 
these investments. For over 30 years, HUD has been promoting energy- 
and water-efficiency work in the public and assisted housing stocks 
through financial incentives, technical assistance, and pledge 
programs. However, utility benchmarking and data sharing will allow HUD 
for the first time to use robust information to direct those financial 
incentives, technical assistance, and pledge programs to the areas of 
greatest need, opportunity, and success.
    Utility consumption and cost tracking by a building owner is the 
first step of utility benchmarking, and multiple approaches to this are 
available. The most direct method is to request whole-building utility 
data directly from the utility provider(s), covering the sum of owner-
paid and tenant-paid accounts. When that is not possible, building 
owners may collect utility data for owner-paid accounts simply by 
compiling the information from their electronic or paper utility bills 
into a spreadsheet or web-based tool like ENERGY STAR Portfolio 
Manager. Some utility providers offer easy downloads of this 
information directly from their Web sites.
    Building owners may then collect utility data for tenant-paid 
accounts either by requesting the information directly from tenants in 
accordance with existing lease provisions, or, in some cases, by 
submitting individual tenant-data release forms to the utility 
provider. Once received, this utility data should be added to the 
spreadsheet or web-based tool to offer a complete picture of the whole-
building utility consumption and cost. If using ENERGY STAR Portfolio 
Manager, (OMB 2060-0347) the software will then automatically calculate 
a variety of useful metrics, such as the Site and Source Energy Use 
Intensity (EUI), Site Water Use Intensity (WUI), ENERGY STAR Score for 
Energy, and ENERGY STAR Score for Water. With this information, 
building owners are empowered to make more strategic decisions.
    Cities across the country have enacted utility benchmarking and 
data sharing ordinances that ask commercial and multifamily building 
owners to track and disclose energy and/or water usage. Each program 
has unique building size requirements and different disclosure 
procedures.
    At this time and with this notice, HUD is proposing limited 
requirements for utility benchmarking and data sharing, in order to 
balance the need to institute contemporary best practices and 
strategically manage the housing portfolio with the burden presented to 
building owners of adopting a new reporting requirement. Whereas an 
increasing number of state and local laws require utility benchmarking 
on an annual basis, HUD is proposing ``spot-check'' utility 
benchmarking on a less frequent basis. And whereas state and local 
benchmarking laws generally require utility benchmarking based on 
whole-building data, HUD intends to accept metrics developed with 
sampled tenant-paid utility data when whole building data are not 
available. Together, this will allow building owners to begin 
practicing utility benchmarking while the market continues to build 
support for more integration and automation of this best practice.
    Over time, the Department will use the scores, along with EUI and 
WUI metrics, to see if energy and water efficiency is increasing, 
decreasing, or staying the same in the multifamily portfolio. The 
Office of Multifamily Housing Programs will use the information to 
assess energy and/or water efficiency needs and opportunities in the 
portfolio. Benchmarking data may also be used to inform the development 
of new policy initiatives, financial incentives, technical assistance, 
and pledge programs. Energy benchmarking will become more valuable over 
time as multiple years of energy consumption data are available.

II. Proposed Information Collection

    To build a foundation of awareness and data concerning the current 
building performance of the multifamily building stock, as well as to 
guide and spur energy- and water-efficiency investments in multifamily 
housing, HUD proposes, through this notice, to require owners of 
covered property types to provide HUD's Office of Multifamily Housing 
Programs with the following metrics for each property when completing 
several types of property transactions: Site and Source

[[Page 52706]]

Energy Use Intensities (EUI), Site Water Use Intensity (WUI), and the 
ENERGY STAR Score for Energy, and--when available from EPA--the Energy 
Star Score for Water. The Portfolio Manager software calculates and 
reports these metrics in a standardized format. The Energy Star Score 
for Water is currently pending release by EPA, and so it will not be 
required until it is available. HUD will provide at least 90 days 
advance notice before a requirement to submit water efficiency data 
goes into effect.
    Site EUI represents a property's energy use per square foot of 
gross floor area, expressed in thousand British thermal units per 
square foot (kBTU/ft\2\), a standardized measure of thermal power 
consumption regardless of fuel source. Source EUI includes an 
adjustment to reflect how the energy was produced and transmitted, and 
this metric is calculated by Energy Star Portfolio Manager and used as 
the basis for the Energy Star Score for Energy. Site WUI represents a 
property's water use per square foot of gross floor area, expressed in 
gallons per square foot (gal/ft\2\). The Energy Star Score for Energy 
and Water each serve as a ranking of a property's Source EUI and Site 
WUI, respectively, compared to similar properties.
    There are a few exceptions to the stated information collection 
requirements. Only properties that have been in existence for at least 
12 months and that include 20 housing units or more are eligible to 
receive an Energy Star Score for Energy or Water, and so these two 
metrics will not be required for ineligible properties. Properties with 
less than 20 units are encouraged to submit EUI and WUI data, but will 
not be not required to submit this analysis to HUD.
    Additionally, for the purposes of this basic information collection 
effort, the Office of Multifamily Housing Programs will accept metrics 
calculated using either whole building data or a combination of whole 
owner-paid utility data and sampled tenant-paid utility data. It is 
important to understand, however, that metrics calculated with less 
than whole building data are not accepted by EPA for the purposes of 
Energy Star certification. If choosing to use sampled tenant-paid 
utility data, owners must meet or exceed the standards outlined in this 
document.
    Finally, for the Department's purposes, the required metrics will 
be considered valid for three years beyond the 12-month period upon 
which they are based. For example, an ENERGY STAR Score based on 2015 
calendar-year utility data and generated in 2016 will be accepted by 
HUD for any required reporting under this notice in 2016, 2017, and 
2018. An ENERGY STAR Score based on 2013 calendar-year data and 
generated in 2016 will be accepted by HUD for any required reporting 
under this notice in 2016, but not in 2017. At this point, the owner 
would need to provide more recent data. The frequency is intended to 
align benchmarking with information collection efforts undertaken by 
HUD-assisted properties in preparing their utility allowance.
    Covered property types include:
     Section 202 Project Rental Assistance Contracts 
(PRAC),\10\
---------------------------------------------------------------------------

    \10\ Under HUD's regulations for the Section 202 and Section 811 
programs at 24 CFR 891.400(d)(2) Owners are required to submit 
``statements regarding project operation, financial conditions and 
occupancy as HUD may require to administer the PRAC and to monitor 
project operations
---------------------------------------------------------------------------

     Section 811 PRAC and Project Rental Assistance (PRA) 
contracts,\11\
---------------------------------------------------------------------------

    \11\ Id.
---------------------------------------------------------------------------

     Section 8 Housing Assistance Payment (HAP) contracts,\12\
---------------------------------------------------------------------------

    \12\ Under HUD's Section 8 Project-Based Rental Assistance 
(PBRA) program, owners must submit an analysis of the project's 
utility allowances in connection with annual rent adjustments and 
``. . . provide to HUD on an annual basis, such financial 
information as required by HUD . . .''. See HUD regulations at 24 
CFR 880.610, (applied to parts 881 and 883by cross-reference), 24 
CFR 884.220, 24 CFR 886.126, 24 CFR 891.645, and 24 CFR part 5 
Subpart H.
---------------------------------------------------------------------------

     Multifamily Housing properties insured under Sections 
223(a)(7), 223(f), 221(d)(4), 220, 230, and 241(a)).\13\ Owners of 
covered properties are encouraged to voluntarily submit water and 
energy benchmarking data to HUD on an annual basis. HUD will require 
that owners submit benchmarking information on the following schedule, 
subject to revision:
---------------------------------------------------------------------------

    \13\ Under HUD's regulations at 24 CFR 200.78, insured 
properties ``shall provide cost effective energy conservation in 
accordance with requirements established by'' HUD.
---------------------------------------------------------------------------

     For HUD assisted properties with a utility allowance, at 
the time of a triennial utility allowance baseline calculation;
     For HUD-assisted properties where there is no utility 
allowance, every third year at the time of financial statement 
submission;
     Prior to issuance of new FHA mortgage insurance under 
Sections 223(a)(7), 223(f), nd 241(a));
     With a Capital Needs Assessment submission required by the 
Office of Asset Management and Portfolio Oversight in HUD's Office of 
Multifamily Housing Programs on a 10-year cycle;
     With a Capital Needs Assessment submission required as 
part of any enforcement action.
    HUD is seeking feedback on the required submission points and will 
finalize the schedule with the issuance of an Office of Housing Notice.

Required Format

    As noted above, owners seeking a covered property transaction will 
be required to enter data into ENERGY STAR Portfolio Manager and submit 
to HUD the referenced metrics created by the free web tool. ENERGY STAR 
Portfolio Manager has the ability to automatically generate reports 
from user data and offers a variety of standard formats. HUD will use 
an existing standard, machine readable report format within Portfolio 
Manager for HUD owners to utilize in preparing its benchmarking 
submission. The format may be modified over time but content will 
remain consistent with the scope of this Notice. In addition to 
submission of data in the specified format, owners may be asked to 
``share'' their benchmarking report with the HUD account in Portfolio 
Manager to allow the Department to centrally access data.

Requirements for Underlying Utility Data

    Use of whole building data, including owner-paid utilities, plus 
all tenant paid utilities (even if aggregated), is preferable when 
completing utility benchmarking analysis, as it will give the most 
accurate snapshot of a building's performance. However, to calculate 
the referenced metrics in Portfolio Manager, some owners may need to or 
choose to use a combination of whole owner-paid utility data and a 
sample of tenant-paid utility data as an alternative to using all of 
the above. Please be reminded that metrics calculated with less than 
whole building data are not accepted by EPA for the purposes of ENERGY 
STAR certification. If choosing to use sampled tenant-paid utility 
data, owners must meet or exceed the minimum sampling standards 
associated with existing Office of Multifamily Housing utility data 
reporting requirements (see table of related PRA collections below). 
Accepting the sampling already in use by anticipated respondents will 
significantly minimize the additional administrative burden 
benchmarking requirements imposes on those respondents.
    When completed in conjunction with a HUD utility allowance baseline 
analysis, the benchmarking analysis should generally include (or 
exceed) the number of units sampled for the utility

[[Page 52707]]

allowance (see Notice H 2015-14 \14\). In other instances, the 
Department will accept analysis using sampled tenant data that meets or 
exceeds the lighter sampling protocol adopted by the Department of 
Energy's Better Buildings Challenge (BBC). \15\ HUD may establish a 
different standard for submittals associated with Capital Needs 
Assessments (CNA) or green building financing programs. In all cases, 
owners are encouraged to collect as much utility data as possible and 
to sample from a variety of housing unit sizes and types within each 
development in order to improve the accuracy and usefulness of the 
resultant metrics. Owners must certify that the submitted Portfolio 
Manager data meets or exceeds the required minimum sample.
---------------------------------------------------------------------------

    \14\ https://portal.hud.gov/hudportal/documents/huddoc?id=15-04hsgn.pdf.
    \15\ See Appendix C of the BBC Data Tracking Manual.
---------------------------------------------------------------------------

    HUD will consider requests for additional time to submit 
benchmarking data from owners who experience unexpected delays in 
obtaining sufficient sample data from utility providers or encounter 
unforeseeable technical difficulties.

Other PRA Collections That Impact This Submission

    The Department has identified seven discrete tasks associated with 
the process for obtaining and submitting Portfolio Manager scores, 
which are listed in the matrix below. Based on a review of other 
Paperwork Reduction Act submissions, the Department believes that the 
PRA requirements for seven of those eight tasks are addressed in other 
submissions, also identified in the matrix below. Burden hours 
calculated for the proposed Information Collection reflect only the 
time associated with generating a report in Portfolio Manager and 
submission to HUD. While the Department recognizes that respondents may 
spend significant time on preparatory activities in order to submit the 
data requested under this collection, the burden hours for those tasks 
are already accounted for under other approved collections.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Relevant PRA information collections
                                                         ----------------------------------------------------------------      HUD's
                                                                                                            Multifamily     Multifamily
                                                                                               TRACS          Project         Housing      Benchmarking
                                                            Energy Star        eCNA         collection     Applications       Utility          (new
                                                            collection      collection       (Utility     Green Building     Allowance      collection)
                                                            (OMB-2060-      (OMB-2502-       allowance        Program       submission
                                                               0347)           0505)        component)       component      (OMB 2502-
                                                                                            (OMB-2502-      (OMB-2502-         0352)
-----------------------------------------------------------------------------------------------0204)-----------0029)------------------------------------
Tasks Leading to Fulfillment of Requirement:
    Tenants submit utility data to owners...............  ..............               X               X  ..............               X  ..............
    Tenants provide release for owner to request data     ..............               X               X  ..............               X  ..............
     from utility.......................................
    Utilities compile and share data with owners........               X               *               *  ..............               *  ..............
    Owners compile/prepare tenant-paid utility data.....               X               *               *  ..............               *  ..............
    Owners compile/prepare owner-paid utility data......               X               *  ..............               X  ..............  ..............
    Owners enter data into Portfolio Manager............               X               *               *  ..............  ..............  ..............
    Direct Requirement Being Proposed...................
    Owners generate Portfolio Manager Report and submit   ..............  ..............  ..............  ..............  ..............               X
     to HUD.............................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
* In conjunction with FHA financing and Utility Allowance processes, a portion of owners are currently compiling utility consumption data and utilizing
  Portfolio Manager.

Effective Date

    The utility benchmarking requirement described in this notice will 
apply when executing any covered transaction beginning 90 days after 
OMB approval of the PRA request, and not sooner than January 1, 2017. 
The first scheduled submission date for a majority of assisted-housing 
respondents is estimated to occur in 2019. HUD will alert owners of the 
effective date for reporting requirements through an Office of Housing 
Notice, issued after OMB issues a Notice of Action approving this PRA 
collection.

III. Information Collection Burden and Solicitation of Comment

A. Overview of Information Collection

    Title of Information Collection: Multifamily Housing Energy 
Benchmarking.
    OMB Approval Number: New proposed collection.
    Type of Request: New proposed collection.
    Form Number: N/A.
    Description of the need for the information and proposed use: 
Please see Section II of this notice.
    Respondents: Multifamily owners, managing agents and tenants.
    Estimated Number of Respondents: 17,049.
    Average Hours per Response: .50.
    Total Estimated Burden Hours: 8,524.5.
    Burden hours take into account other existing information 
collections covering the assembly of utility information by impacted 
properties and the use of ENERGY STAR Portfolio Manager, these include: 
HUD's Multifamily Housing Utility Allowance submission (OMB 2502-0352), 
HUD's Tenant Eligibility and Rent Procedures (OMB 2502-0204), CNAe 
requirements (OMB 2502-0505), HUD's Multifamily Project Applications 
Green Building Program component (OMB-2502-0029)and ENERGY STAR 
Certification (OMB- 2060-0347) by the Environmental Protection Agency.

[[Page 52708]]

B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and 
affected parties concerning the collection of information described in 
Section A on the following:
    (1) Whether the proposed collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (2) The accuracy of the agency's estimate of the burden of the 
proposed collection of information;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) Ways to minimize the burden of the collection of information on 
those who are to respond; including through the use of appropriate 
automated collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses.
    HUD encourages interested parties to submit comment in response to 
these questions.

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

    Dated: August 3, 2016.
Janet M. Golrick,
Associate General Deputy Assistant Secretary for Housing-Associate 
Deputy Federal Housing Commissioner.
[FR Doc. 2016-18877 Filed 8-8-16; 8:45 am]
 BILLING CODE 4210-67-P



                                                                                  Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices                                                 52703

                                                    all applicable DHS automated systems                    may obtain forms for this purpose from                  • TECS (not an acronym). 73 FR
                                                    security and access policies. Strict                    the Chief Privacy Officer and Chief                   43,457 (July 25, 2008).
                                                    controls have been imposed to minimize                  Freedom of Information Act Officer,                     • Benefits Information Systems (BIS).
                                                    the risk of compromising the                            http://www.dhs.gov/foia or 1–866–431–                 73 FR 56,596 (September 29, 2008).
                                                    information that is being stored. Access                0486. In addition, you should:                          • Automated Biometric Identification
                                                    to the computer system containing the                     • Explain why you believe the                       System (IDENT). 72 FR 31,080 (June 5,
                                                    records in this system is limited to those              Department would have information on                  2007).
                                                    individuals who have a need to know                     you;                                                    Records are also obtained from the
                                                    the information for the performance of                    • Identify which component(s) of the                U.S. Department of State’s Consular
                                                    their official duties and who have                      Department you believe may have the                   Consolidated Database (CCD) (77 FR
                                                    appropriate clearances or permission.                   information about you;                                65,245 (Oct. 25, 2012)), commercial
                                                                                                              • Specify when you believe the                      databases, and public sources.
                                                    RETENTION AND DISPOSAL:
                                                                                                            records would have been created; and
                                                       Under the NARA-approved records                        • Provide any other information that                EXEMPTIONS CLAIMED FOR THE SYSTEM:
                                                    retention schedule for LeadTrac, records                will help the FOIA staff determine                       The Secretary of Homeland Security,
                                                    must be retained for 75 years. ICE                      which DHS component agency may                        pursuant to 5 U.S.C. 552a(j)(2), has
                                                    intends to request NARA approval to                     have responsive records.                              exempted this system from the
                                                    retain LeadTrac records for 25 years                      If your request is seeking records                  following provisions of the Privacy Act:
                                                    from the date the record was created.                   pertaining to another living individual,              5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1),
                                                    Under this schedule, records would be                   you must include a statement from that                (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I),
                                                    kept as active in LeadTrac for 20 years,                individual certifying his/her agreement               (e)(5), (e)(8); (f); and (g). Additionally,
                                                    and archived for an additional five-year                for you to access his/her records.                    the Secretary of Homeland Security,
                                                    period. After the 25-year period, the                     Without the above information, the                  pursuant to 5 U.S.C. 552a(k)(2) has
                                                    information would be destroyed or, if                   component(s) may not be able to                       exempted this system from the
                                                    deemed necessary, retained further                      conduct an effective search, and your                 following provisions of the Privacy Act:
                                                    under a reset retention schedule.                       request may be denied due to lack of                  5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1),
                                                                                                            specificity or lack of compliance with                (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f).
                                                    SYSTEM MANAGER AND ADDRESS:
                                                                                                            applicable regulations.                               When a record received from another
                                                      Section Chief, Counterterrorism and                                                                         system has been exempted in that
                                                    Criminal Exploitation Unit (CTCEU),                     RECORD ACCESS PROCEDURES:                             source system under 5 U.S.C. 552a(j)(2)
                                                    Homeland Security Investigations, U.S.                    See ‘‘Notification procedure’’ above.               or (k)(2), DHS will claim the same
                                                    Immigration and Customs Enforcement,                                                                          exemptions for those records that are
                                                    1515 Wilson Boulevard, Arlington, VA                    CONTESTING RECORD PROCEDURES:
                                                                                                                                                                  claimed for the original primary systems
                                                    22209.                                                    Individuals who wish to contest the                 of records from which they originated
                                                                                                            accuracy of records in this system of                 and claims any additional exemptions
                                                    NOTIFICATION PROCEDURE:
                                                                                                            records should submit these requests to               set forth here.
                                                       Individuals seeking notification of                  the ICE Office of Information
                                                    and access to any record contained in                   Governance and Privacy. Requests must                   Dated: August 3, 2016.
                                                    this system of records, or seeking to                   comply with verification of identity                  Jonathan R. Cantor,
                                                    contest its content, may submit a                       requirements set forth in Department of               Acting Chief Privacy Officer, Department of
                                                    request in writing to ICE’s Freedom of                  Homeland Security Privacy Act                         Homeland Security.
                                                    Information Act (FOIA) Officer or the                   regulations at 6 CFR 5.21(d). Please                  [FR Doc. 2016–18810 Filed 8–8–16; 8:45 am]
                                                    Chief Privacy Officer whose contact                     specify the nature of the complaint and               BILLING CODE 9111–28–P
                                                    information can be found at http://                     provide any supporting documentation.
                                                    www.dhs.gov/foia under ‘‘Contacts.’’ If                 By mail (please note substantial delivery
                                                    an individual believes more than one                    delays exist): ICE Office of Information
                                                    component maintains Privacy Act                                                                               DEPARTMENT OF HOUSING AND
                                                                                                            Governance and Privacy, 500 12th Street
                                                    records concerning him or her, the                                                                            URBAN DEVELOPMENT
                                                                                                            SW., Mail Stop 5004, Washington, DC
                                                    individual may submit the request to                    20536. By email:
                                                    the Chief Privacy Officer and Chief                                                                           [Docket No. FR–5913–N–17]
                                                                                                            ICEPrivacy@ice.dhs.gov. Please contact
                                                    Freedom of Information Act Officer,                     the Office of Information Governance                  60-Day Notice of Proposed Information
                                                    Department of Homeland Security, 245                    and Privacy with any questions about                  Collection: Energy Benchmarking OMB
                                                    Murray Drive SW., Building 410, STOP–                   submitting a request or complaint at                  Control No.: 2502–NEW
                                                    0655, Washington, DC 20528.                             202–732–3300 or
                                                       When seeking records about yourself                  ICEPrivacy@ice.dhs.gov.                               AGENCY:  Office of the Assistant
                                                    from this system of records or any other                                                                      Secretary for Housing—Federal Housing
                                                    Departmental system of records, your                    RECORD SOURCE CATEGORIES:                             Commissioner, HUD.
                                                    request must conform with the Privacy                      Records are obtained from key DHS                  ACTION: Notice.
                                                    Act regulations set forth in 6 CFR part                 systems of records to include but not
                                                    5. You must first verify your identity,                 limited to:                                           SUMMARY:   HUD is seeking approval from
                                                    meaning that you must provide your full                    • Arrival and Departure Information                the Office of Management and Budget
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    name, current address, and date and                     System (ADIS). 80 FR 72,081 (November                 (OMB) for the information collection
                                                    place of birth. You must sign your                      18, 2015).                                            described below. In accordance with the
                                                    request, and your signature must either                    • Student and Exchange Visitor                     Paperwork Reduction Act, HUD is
                                                    be notarized or submitted under 28                      Information System (SEVIS). 75 FR 412                 requesting comment from all interested
                                                    U.S.C. 1746, a law that permits                         (January 5, 2010).                                    parties on the proposed collection of
                                                    statements to be made under penalty of                     • Enforcement Integrated Database                  information. The purpose of this notice
                                                    perjury as a substitute for notarization.               (EID/ENFORCE). 80 FR 24,269 (April                    is to allow for 60 days of public
                                                    While no specific form is required, you                 30, 2015).                                            comment.


                                               VerDate Sep<11>2014   20:00 Aug 08, 2016   Jkt 238001   PO 00000   Frm 00094   Fmt 4703   Sfmt 4703   E:\FR\FM\09AUN1.SGM   09AUN1


                                                    52704                         Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices

                                                    DATES:   Comment Due Date: October 11,                  deploy the tools and technology needed                or water improvements; 4 (See Section
                                                    2016.                                                   to build a new energy economy. The                    ‘‘Other PRA Collections that Impact this
                                                    ADDRESSES:   Interested persons are                     residential building sector is responsible            Submission’’ for more information on
                                                    invited to submit comments regarding                    for fully 21 percent of the nation’s                  how other previously approved PRA
                                                    this proposal. Comments should refer to                 greenhouse gas emissions. Utility costs               collections relate to Energy
                                                    the proposal by name and should be                      (energy and water) account for around                 Benchmarking.)
                                                    sent to: Colette Pollard, Reports                       22 percent of public housing operating                   • Lowering annual multifamily
                                                    Management Officer, QDAM,                               budgets and a similar share in the                    mortgage insurance premiums for
                                                    Department of Housing and Urban                         assisted housing sector. HUD spends an                energy-efficient properties (those
                                                    Development, 451 7th Street SW., Room                   estimated $6.4 billion annually to cover              committed to achieving an industry-
                                                    4176, Washington, DC 20410–5000;                        the costs of utilities in its public and              recognized green building standard and
                                                    telephone 202–402–3400 (this is not a                   assisted housing programs.1                           to maintaining energy performance in
                                                    toll-free number) or email at                              HUD is committed to creating energy-               the top 25 percent of multifamily
                                                    Colette.Pollard@hud.gov for a copy of                   efficient, water-efficient, and healthy               buildings nationwide);
                                                    the proposed forms or other available                   housing as part of a broader effort to                   • Developing and implementing a
                                                    information. Persons with hearing or                    foster the development of inclusive,                  standardized Capital Needs Assessment
                                                    speech impairments may access this                      sustainable, and resilient communities.               suite of online tools (CNA e-Tool)
                                                    number through TTY by calling the toll-                 Investments in energy-efficiency and                  available (later in 2016) for free to assist
                                                    free Federal Relay Service at (800) 877–                water-efficiency pay dividends by                     borrowers with submitting standard
                                                    8339.                                                   improving occupant comfort, reducing                  information to HUD, the U.S.
                                                       Electronic Submission of Comments.                   tenant turnover, stabilizing operating                Department of Agriculture, and others; 5
                                                    Interested persons may submit                                                                                    • Developing a ‘‘pay for success’’
                                                                                                            costs, alleviating taxpayer burden,
                                                    comments electronically through the                                                                           demonstration program under which the
                                                                                                            preserving affordable housing, ensuring
                                                    Federal eRulemaking Portal at                                                                                 Department will execute budget-neutral,
                                                                                                            disaster resilience, and mitigating
                                                    www.regulations.gov. HUD strongly                                                                             performance-based agreements that
                                                                                                            climate change. As such, the Office of
                                                    encourages commenters to submit                                                                               result in a reduction in energy or water
                                                                                                            Multifamily Housing Programs in HUD’s
                                                    comments electronically. Electronic                                                                           costs. Recent legislation authorized
                                                                                                            Office of Housing has taken several
                                                    submission of comments allows the                                                                             HUD to implement this pilot from FY
                                                                                                            steps to encourage greater energy and
                                                    commenter maximum time to prepare                                                                             2016 to FY 2019 in up to 20,000 units
                                                                                                            water efficiency in multifamily housing,
                                                    and submit a comment, ensures timely                                                                          of multifamily buildings participating in
                                                                                                            including:
                                                    receipt by HUD, and enables HUD to                                                                            the PBRA, Sec. 202 and Sec. 811
                                                                                                               • Updating and standardizing the                   programs; and
                                                    make them immediately available to the                  utility allowance methodology for                        • Publishing guidance on utilizing
                                                    public. Comments submitted                              assisted properties that must submit                  Property Assessed Clean Energy (PACE)
                                                    electronically through the                              annual documentation of utility                       financing with HUD-assisted and FHA-
                                                    www.regulations.gov Web site can be                     allowances (estimated 70 percent of                   insured properties.
                                                    viewed by other commenters and                          portfolio); 2 (See Section ‘‘Other PRA
                                                    interested members of the public.                       Collections that Impact this                          Accounting for Energy and Water Usage
                                                    Commenters should follow the                            Submission’’ for more information on                     While HUD has a vested interest in
                                                    instructions provided on that site to                   how other previously approved PRA                     eliminating energy and water waste in
                                                    submit comments electronically.                         collections relate to Energy                          the assisted housing stock and
                                                      Note: To receive consideration as public              Benchmarking.)                                        stabilizing operating costs in both the
                                                    comments, comments must be submitted                       • Offering incentives to multifamily               insured and assisted housing stocks, to
                                                    through one of the two methods specified                                                                      ensure that taxpayer investments in
                                                                                                            owners and management agents who
                                                    above. Again, all submissions must refer to                                                                   multifamily housing are viable for the
                                                    the docket number and title of the notice.              have joined the Better Buildings
                                                                                                            Challenge, set a goal of reducing energy              long-term, the Office of Multifamily
                                                       No Facsimile Comments. Facsimile                     and/or water use by 20 percent within                 Housing Programs is currently unable to
                                                    (fax) comments are not acceptable.                      10 years, and established themselves as               effectively analyze the energy and water
                                                    FOR FURTHER INFORMATION CONTACT: Stan                   leaders in the field with respect to                  use patterns, improvement potential,
                                                    Houle, Office of Multifamily Housing                    energy and/or water efficiency; 3                     and investment needs of properties in
                                                    Programs, Department of Housing and                                                                           the assisted and insured portfolios.
                                                                                                               • Providing access to capital to make                 In 2003 and 2008, the Harvard
                                                    Urban Development, 451 7th Street SW.,                  energy improvements by implementing
                                                    Room 10139, Washington, DC 20410,                                                                             Graduate School of Design 6 and the
                                                                                                            changes to the Federal Housing                        Government Accountability Office,7
                                                    telephone 202–708–3054. (This is not a                  Administration’s (FHA) underwriting
                                                    toll-free number.) Persons with hearing                                                                       respectively, strongly recommended
                                                                                                            standards in the Multifamily                          that HUD require the practice of utility
                                                    or speech impairments may access these                  Accelerated Processing Guide (MAP
                                                    numbers through TTY by calling the                                                                            benchmarking across its housing
                                                                                                            Guide) to allow greater loan proceeds                 portfolios. Utility benchmarking
                                                    toll-free Federal Information Relay                     from standard offerings, supporting
                                                    Service at 800–877–8339.                                                                                      involves tracking the utility
                                                                                                            products such as the Fannie Mae Green                 consumption of a development on an
                                                    SUPPLEMENTARY INFORMATION:                              Preservation Plus loan, and affirming
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                  on-going basis, calculating the energy
                                                    I. Background                                           how owners may use reserve for
                                                                                                            replacement funds to make energy and/                   4 See http://www.fanniemae.com/portal/about-
                                                    The President’s Climate Action Plan                                                                           us/media/corporate-news/2014/6117.html.
                                                                                                              1 See https://portal.hud.gov/hudportal/               5 See Form HUD–9001a–ORCF at http://
                                                      The President’s Climate Action Plan
                                                                                                            documents/huddoc?id=afrfy13_egyeff.pdf.               portal.hud.gov/hudportal/HUD?src=/program_
                                                    calls on Federal agencies to rapidly                      2 See http://portal.hud.gov/hudportal/documents/    offices/administration/hudclips/forms/hud9.
                                                    increase investments in energy                          huddoc?id=15-04hsgn.pdf.                                6 See http://portal.hud.gov/hudportal/documents/
                                                    productivity, eliminate energy waste,                     3 See https://www4.eere.energy.gov/challenge/       huddoc?id=DOC_9238.pdf.
                                                    ramp up efficiency standards, and                       home.                                                   7 See http://www.gao.gov/products/GAO-09-46.




                                               VerDate Sep<11>2014   20:00 Aug 08, 2016   Jkt 238001   PO 00000   Frm 00095   Fmt 4703   Sfmt 4703   E:\FR\FM\09AUN1.SGM   09AUN1


                                                                                  Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices                                          52705

                                                    and water efficiency of the                             benchmarking laws, EPA found an                       empowered to make more strategic
                                                    development, and comparing its                          average energy use reduction of seven                 decisions.
                                                    efficiency to similar developments. It is               percent between 2008 and 2011.9                          Cities across the country have enacted
                                                    a valuable tool in the strategic                           In addition to the direct benefits to              utility benchmarking and data sharing
                                                    management of building portfolios. As                   building owners, the sharing of utility               ordinances that ask commercial and
                                                    such, a growing number of municipal                     benchmarking data allows government                   multifamily building owners to track
                                                    and state governments across the                        policymakers and funding providers (in                and disclose energy and/or water usage.
                                                    country are instituting utility                         this case, HUD acts as both) to account               Each program has unique building size
                                                    benchmarking requirements across the                    for utility expenditures, plan future                 requirements and different disclosure
                                                    country in order that government                        budget needs, develop efficiency                      procedures.
                                                    policymakers, funding providers, and                    incentive programs, offer targeted                       At this time and with this notice,
                                                    building owners alike can make data-                    technical assistance, and verify the                  HUD is proposing limited requirements
                                                    driven decisions.                                       return on these investments. For over 30              for utility benchmarking and data
                                                       Though obstacles remain, utility                     years, HUD has been promoting energy-                 sharing, in order to balance the need to
                                                    benchmarking is rapidly becoming                                                                              institute contemporary best practices
                                                                                                            and water-efficiency work in the public
                                                    quicker, easier, more automated, and                                                                          and strategically manage the housing
                                                                                                            and assisted housing stocks through
                                                    more integrated as it becomes an                                                                              portfolio with the burden presented to
                                                                                                            financial incentives, technical
                                                    industry-standard best practice. In                                                                           building owners of adopting a new
                                                                                                            assistance, and pledge programs.
                                                    September 2014, the U.S.                                                                                      reporting requirement. Whereas an
                                                                                                            However, utility benchmarking and data
                                                    Environmental Protection Agency (EPA)                                                                         increasing number of state and local
                                                                                                            sharing will allow HUD for the first time
                                                    developed a new feature for its free,                                                                         laws require utility benchmarking on an
                                                                                                            to use robust information to direct those
                                                    web-based tool called ENERGY STAR                                                                             annual basis, HUD is proposing ‘‘spot-
                                                                                                            financial incentives, technical
                                                    Portfolio Manager, which allows users                                                                         check’’ utility benchmarking on a less
                                                                                                            assistance, and pledge programs to the
                                                    to calculate an energy-efficiency rating                                                                      frequent basis. And whereas state and
                                                                                                            areas of greatest need, opportunity, and              local benchmarking laws generally
                                                    or ‘‘benchmarking score’’ for most                      success.
                                                    multifamily developments.                                                                                     require utility benchmarking based on
                                                                                                               Utility consumption and cost tracking              whole-building data, HUD intends to
                                                    Benchmarking scores developed                           by a building owner is the first step of
                                                    through ENERGY STAR Portfolio                                                                                 accept metrics developed with sampled
                                                                                                            utility benchmarking, and multiple                    tenant-paid utility data when whole
                                                    Manager are officially known as                         approaches to this are available. The
                                                    ENERGY STAR Scores. These scores are                                                                          building data are not available.
                                                                                                            most direct method is to request whole-               Together, this will allow building
                                                    available for multifamily housing                       building utility data directly from the               owners to begin practicing utility
                                                    properties of 20 units or more. A score                 utility provider(s), covering the sum of              benchmarking while the market
                                                    of 50 indicates energy performance                      owner-paid and tenant-paid accounts.                  continues to build support for more
                                                    consistent with the national median,                    When that is not possible, building                   integration and automation of this best
                                                    while 100 represents a top performer,                   owners may collect utility data for                   practice.
                                                    and a score of at least 75 may make                     owner-paid accounts simply by                            Over time, the Department will use
                                                    buildings eligible for ENERGY STAR                      compiling the information from their                  the scores, along with EUI and WUI
                                                    certification.8 The EPA will release a                  electronic or paper utility bills into a              metrics, to see if energy and water
                                                    similar benchmark score for water usage                 spreadsheet or web-based tool like                    efficiency is increasing, decreasing, or
                                                    in approximately a year. With these                     ENERGY STAR Portfolio Manager.                        staying the same in the multifamily
                                                    advancements, building owners across                    Some utility providers offer easy                     portfolio. The Office of Multifamily
                                                    the country now have access to a free                   downloads of this information directly                Housing Programs will use the
                                                    tool for utility benchmarking that can be               from their Web sites.                                 information to assess energy and/or
                                                    used without the need to hire a building                                                                      water efficiency needs and
                                                                                                               Building owners may then collect
                                                    professional.                                                                                                 opportunities in the portfolio.
                                                                                                            utility data for tenant-paid accounts
                                                    A Deeper Look at Utility Benchmarking                   either by requesting the information                  Benchmarking data may also be used to
                                                                                                            directly from tenants in accordance with              inform the development of new policy
                                                      Utility benchmarking helps building
                                                                                                            existing lease provisions, or, in some                initiatives, financial incentives,
                                                    owners to understand their buildings’
                                                                                                            cases, by submitting individual tenant-               technical assistance, and pledge
                                                    energy and water performance, allowing
                                                                                                            data release forms to the utility                     programs. Energy benchmarking will
                                                    them to detect malfunctioning
                                                                                                            provider. Once received, this utility data            become more valuable over time as
                                                    equipment and billing errors, prioritize
                                                                                                            should be added to the spreadsheet or                 multiple years of energy consumption
                                                    operational and capital improvements,
                                                                                                            web-based tool to offer a complete                    data are available.
                                                    verify the return on those investments,
                                                    and plan future budget needs. Indeed,                   picture of the whole-building utility                 II. Proposed Information Collection
                                                    the practice of utility benchmarking                    consumption and cost. If using ENERGY
                                                                                                            STAR Portfolio Manager, (OMB 2060–                       To build a foundation of awareness
                                                    leads to significant improvements in                                                                          and data concerning the current
                                                    building performance. Based on analysis                 0347) the software will then
                                                                                                            automatically calculate a variety of                  building performance of the multifamily
                                                    of more than 35,000 buildings covered                                                                         building stock, as well as to guide and
                                                    by newly established local energy                       useful metrics, such as the Site and
                                                                                                                                                                  spur energy- and water-efficiency
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            Source Energy Use Intensity (EUI), Site
                                                      8 See http://www.energystar.gov/buildings/            Water Use Intensity (WUI), ENERGY                     investments in multifamily housing,
                                                    facility-owners-and-managers/existing-buildings/        STAR Score for Energy, and ENERGY                     HUD proposes, through this notice, to
                                                    use-portfolio-manager. See also former HUD              STAR Score for Water. With this                       require owners of covered property
                                                    Secretary Shaun Donovan’s July 17, 2014, letter to      information, building owners are                      types to provide HUD’s Office of
                                                    Property Owners and Operators participating in                                                                Multifamily Housing Programs with the
                                                    HUD programs encouraging the use of EPA’s
                                                    ENERGY STAR Portfolio Manager at http://                   9 See http://www.energystar.gov/sites/default/     following metrics for each property
                                                    portal.hud.gov/hudportal/documents/                     files/buildings/tools/DataTrends_Savings_             when completing several types of
                                                    huddoc?id=SOHUDSignedLetterPHAsMFH.pdf.                 20121002.pdf.                                         property transactions: Site and Source


                                               VerDate Sep<11>2014   20:00 Aug 08, 2016   Jkt 238001   PO 00000   Frm 00096   Fmt 4703   Sfmt 4703   E:\FR\FM\09AUN1.SGM   09AUN1


                                                    52706                         Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices

                                                    Energy Use Intensities (EUI), Site Water                year utility data and generated in 2016                   • With a Capital Needs Assessment
                                                    Use Intensity (WUI), and the ENERGY                     will be accepted by HUD for any                        submission required as part of any
                                                    STAR Score for Energy, and—when                         required reporting under this notice in                enforcement action.
                                                    available from EPA—the Energy Star                      2016, 2017, and 2018. An ENERGY                           HUD is seeking feedback on the
                                                    Score for Water. The Portfolio Manager                  STAR Score based on 2013 calendar-                     required submission points and will
                                                    software calculates and reports these                   year data and generated in 2016 will be                finalize the schedule with the issuance
                                                    metrics in a standardized format. The                   accepted by HUD for any required                       of an Office of Housing Notice.
                                                    Energy Star Score for Water is currently                reporting under this notice in 2016, but               Required Format
                                                    pending release by EPA, and so it will                  not in 2017. At this point, the owner
                                                    not be required until it is available.                  would need to provide more recent data.                  As noted above, owners seeking a
                                                    HUD will provide at least 90 days                       The frequency is intended to align                     covered property transaction will be
                                                    advance notice before a requirement to                  benchmarking with information                          required to enter data into ENERGY
                                                    submit water efficiency data goes into                  collection efforts undertaken by HUD-                  STAR Portfolio Manager and submit to
                                                    effect.                                                 assisted properties in preparing their                 HUD the referenced metrics created by
                                                       Site EUI represents a property’s                     utility allowance.                                     the free web tool. ENERGY STAR
                                                    energy use per square foot of gross floor                                                                      Portfolio Manager has the ability to
                                                                                                               Covered property types include:
                                                    area, expressed in thousand British                                                                            automatically generate reports from user
                                                                                                               • Section 202 Project Rental                        data and offers a variety of standard
                                                    thermal units per square foot (kBTU/ft2),               Assistance Contracts (PRAC),10
                                                    a standardized measure of thermal                                                                              formats. HUD will use an existing
                                                                                                               • Section 811 PRAC and Project                      standard, machine readable report
                                                    power consumption regardless of fuel
                                                                                                            Rental Assistance (PRA) contracts,11                   format within Portfolio Manager for
                                                    source. Source EUI includes an
                                                    adjustment to reflect how the energy                       • Section 8 Housing Assistance                      HUD owners to utilize in preparing its
                                                    was produced and transmitted, and this                  Payment (HAP) contracts,12                             benchmarking submission. The format
                                                    metric is calculated by Energy Star                        • Multifamily Housing properties                    may be modified over time but content
                                                    Portfolio Manager and used as the basis                 insured under Sections 223(a)(7), 223(f),              will remain consistent with the scope of
                                                    for the Energy Star Score for Energy.                   221(d)(4), 220, 230, and 241(a)).13                    this Notice. In addition to submission of
                                                    Site WUI represents a property’s water                  Owners of covered properties are                       data in the specified format, owners
                                                    use per square foot of gross floor area,                encouraged to voluntarily submit water                 may be asked to ‘‘share’’ their
                                                    expressed in gallons per square foot                    and energy benchmarking data to HUD                    benchmarking report with the HUD
                                                    (gal/ft2). The Energy Star Score for                    on an annual basis. HUD will require                   account in Portfolio Manager to allow
                                                    Energy and Water each serve as a                        that owners submit benchmarking                        the Department to centrally access data.
                                                    ranking of a property’s Source EUI and                  information on the following schedule,
                                                                                                                                                                   Requirements for Underlying Utility
                                                    Site WUI, respectively, compared to                     subject to revision:
                                                                                                                                                                   Data
                                                    similar properties.                                        • For HUD assisted properties with a
                                                       There are a few exceptions to the                    utility allowance, at the time of a                       Use of whole building data, including
                                                    stated information collection                           triennial utility allowance baseline                   owner-paid utilities, plus all tenant paid
                                                    requirements. Only properties that have                 calculation;                                           utilities (even if aggregated), is
                                                    been in existence for at least 12 months                   • For HUD-assisted properties where                 preferable when completing utility
                                                    and that include 20 housing units or                    there is no utility allowance, every third             benchmarking analysis, as it will give
                                                    more are eligible to receive an Energy                  year at the time of financial statement                the most accurate snapshot of a
                                                    Star Score for Energy or Water, and so                  submission;                                            building’s performance. However, to
                                                    these two metrics will not be required                     • Prior to issuance of new FHA                      calculate the referenced metrics in
                                                    for ineligible properties. Properties with              mortgage insurance under Sections                      Portfolio Manager, some owners may
                                                    less than 20 units are encouraged to                    223(a)(7), 223(f), nd 241(a));                         need to or choose to use a combination
                                                    submit EUI and WUI data, but will not                                                                          of whole owner-paid utility data and a
                                                                                                               • With a Capital Needs Assessment
                                                    be not required to submit this analysis                                                                        sample of tenant-paid utility data as an
                                                                                                            submission required by the Office of
                                                    to HUD.                                                                                                        alternative to using all of the above.
                                                                                                            Asset Management and Portfolio
                                                       Additionally, for the purposes of this                                                                      Please be reminded that metrics
                                                                                                            Oversight in HUD’s Office of
                                                    basic information collection effort, the                                                                       calculated with less than whole
                                                                                                            Multifamily Housing Programs on a 10-
                                                    Office of Multifamily Housing Programs                                                                         building data are not accepted by EPA
                                                                                                            year cycle;
                                                    will accept metrics calculated using                                                                           for the purposes of ENERGY STAR
                                                    either whole building data or a                           10 Under HUD’s regulations for the Section 202
                                                                                                                                                                   certification. If choosing to use sampled
                                                    combination of whole owner-paid                         and Section 811 programs at 24 CFR 891.400(d)(2)
                                                                                                                                                                   tenant-paid utility data, owners must
                                                    utility data and sampled tenant-paid                    Owners are required to submit ‘‘statements             meet or exceed the minimum sampling
                                                    utility data. It is important to                        regarding project operation, financial conditions      standards associated with existing
                                                    understand, however, that metrics                       and occupancy as HUD may require to administer         Office of Multifamily Housing utility
                                                                                                            the PRAC and to monitor project operations
                                                    calculated with less than whole                           11 Id.
                                                                                                                                                                   data reporting requirements (see table of
                                                    building data are not accepted by EPA                     12 Under HUD’s Section 8 Project-Based Rental
                                                                                                                                                                   related PRA collections below).
                                                    for the purposes of Energy Star                         Assistance (PBRA) program, owners must submit an       Accepting the sampling already in use
                                                    certification. If choosing to use sampled               analysis of the project’s utility allowances in        by anticipated respondents will
                                                    tenant-paid utility data, owners must                   connection with annual rent adjustments and ‘‘. . .    significantly minimize the additional
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            provide to HUD on an annual basis, such financial
                                                    meet or exceed the standards outlined                   information as required by HUD . . .’’. See HUD
                                                                                                                                                                   administrative burden benchmarking
                                                    in this document.                                       regulations at 24 CFR 880.610, (applied to parts 881   requirements imposes on those
                                                       Finally, for the Department’s                        and 883by cross-reference), 24 CFR 884.220, 24 CFR     respondents.
                                                    purposes, the required metrics will be                  886.126, 24 CFR 891.645, and 24 CFR part 5                When completed in conjunction with
                                                    considered valid for three years beyond                 Subpart H.                                             a HUD utility allowance baseline
                                                                                                              13 Under HUD’s regulations at 24 CFR 200.78,
                                                    the 12-month period upon which they                     insured properties ‘‘shall provide cost effective
                                                                                                                                                                   analysis, the benchmarking analysis
                                                    are based. For example, an ENERGY                       energy conservation in accordance with                 should generally include (or exceed) the
                                                    STAR Score based on 2015 calendar-                      requirements established by’’ HUD.                     number of units sampled for the utility


                                               VerDate Sep<11>2014   20:00 Aug 08, 2016   Jkt 238001   PO 00000   Frm 00097   Fmt 4703   Sfmt 4703   E:\FR\FM\09AUN1.SGM   09AUN1


                                                                                        Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices                                                                                                  52707

                                                    allowance (see Notice H 2015–14 14). In                             certify that the submitted Portfolio                                         review of other Paperwork Reduction
                                                    other instances, the Department will                                Manager data meets or exceeds the                                            Act submissions, the Department
                                                    accept analysis using sampled tenant                                required minimum sample.                                                     believes that the PRA requirements for
                                                    data that meets or exceeds the lighter                                HUD will consider requests for                                             seven of those eight tasks are addressed
                                                    sampling protocol adopted by the                                    additional time to submit benchmarking                                       in other submissions, also identified in
                                                    Department of Energy’s Better Buildings                             data from owners who experience                                              the matrix below. Burden hours
                                                    Challenge (BBC). 15 HUD may establish                               unexpected delays in obtaining                                               calculated for the proposed Information
                                                    a different standard for submittals                                 sufficient sample data from utility                                          Collection reflect only the time
                                                                                                                        providers or encounter unforeseeable
                                                    associated with Capital Needs                                                                                                                    associated with generating a report in
                                                                                                                        technical difficulties.
                                                    Assessments (CNA) or green building                                                                                                              Portfolio Manager and submission to
                                                    financing programs. In all cases, owners                            Other PRA Collections That Impact This                                       HUD. While the Department recognizes
                                                    are encouraged to collect as much utility                           Submission                                                                   that respondents may spend significant
                                                    data as possible and to sample from a                                  The Department has identified seven                                       time on preparatory activities in order to
                                                    variety of housing unit sizes and types                             discrete tasks associated with the                                           submit the data requested under this
                                                    within each development in order to                                 process for obtaining and submitting                                         collection, the burden hours for those
                                                    improve the accuracy and usefulness of                              Portfolio Manager scores, which are                                          tasks are already accounted for under
                                                    the resultant metrics. Owners must                                  listed in the matrix below. Based on a                                       other approved collections.

                                                                                                                                       Relevant PRA information collections
                                                                                                                                                                                                                               HUD’s
                                                                                                                                                                                                   Multifamily
                                                                                                                                                                          TRACS                                              Multifamily
                                                                                                                                                                                                     Project
                                                                                                                                                                         collection                                         Housing Utility            Benchmarking
                                                                                                                  Energy Star                  eCNA                                               Applications
                                                                                                                                                                           (Utility                                          Allowance                      (new
                                                                                                                   collection                 collection                                         Green Building
                                                                                                                                                                         allowance                                           submission                  collection)
                                                                                                                 (OMB–2060–                 (OMB–2502–                                              Program
                                                                                                                                                                        component)                                          (OMB 2502–
                                                                                                                     0347)                      0505)                                             component
                                                                                                                                                                       (OMB–2502–                                               0352)
                                                                                                                                                                                                 (OMB–2502–
                                                                                                                                                                            0204)                    0029)

                                                    Tasks Leading to Fulfillment of Require-
                                                      ment:
                                                        Tenants submit utility data to owners                   ........................                        X                          X     ........................                        X     ........................
                                                        Tenants provide release for owner to
                                                          request data from utility ................            ........................                        X                          X     ........................                        X     ........................
                                                        Utilities compile and share data with
                                                          owners ...........................................                         X                           *                          *    ........................                         *    ........................
                                                        Owners compile/prepare tenant-paid
                                                          utility data ......................................                        X                           *                          *    ........................                         *    ........................
                                                        Owners compile/prepare owner-paid
                                                          utility data ......................................                        X                           *    ........................                        X     ........................   ........................
                                                        Owners enter data into Portfolio
                                                          Manager ........................................                           X                           *                          *    ........................   ........................   ........................
                                                        Direct Requirement Being Proposed.
                                                        Owners generate Portfolio Manager
                                                          Report and submit to HUD ...........                  ........................   ........................   ........................   ........................   ........................                        X
                                                       * In conjunction with FHA financing and Utility Allowance processes, a portion of owners are currently compiling utility consumption data and
                                                    utilizing Portfolio Manager.


                                                    Effective Date                                                      III. Information Collection Burden and                                         Total Estimated Burden Hours:
                                                                                                                        Solicitation of Comment                                                      8,524.5.
                                                      The utility benchmarking requirement
                                                    described in this notice will apply when                            A. Overview of Information Collection                                          Burden hours take into account other
                                                    executing any covered transaction                                     Title of Information Collection:                                           existing information collections
                                                    beginning 90 days after OMB approval                                Multifamily Housing Energy                                                   covering the assembly of utility
                                                    of the PRA request, and not sooner than                             Benchmarking.                                                                information by impacted properties and
                                                    January 1, 2017. The first scheduled                                  OMB Approval Number: New                                                   the use of ENERGY STAR Portfolio
                                                    submission date for a majority of                                   proposed collection.                                                         Manager, these include: HUD’s
                                                    assisted-housing respondents is                                       Type of Request: New proposed                                              Multifamily Housing Utility Allowance
                                                    estimated to occur in 2019. HUD will                                collection.                                                                  submission (OMB 2502–0352), HUD’s
                                                    alert owners of the effective date for                                Form Number: N/A.                                                          Tenant Eligibility and Rent Procedures
                                                                                                                          Description of the need for the                                            (OMB 2502–0204), CNAe requirements
                                                    reporting requirements through an
                                                                                                                        information and proposed use: Please                                         (OMB 2502–0505), HUD’s Multifamily
                                                    Office of Housing Notice, issued after
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                        see Section II of this notice.                                               Project Applications Green Building
                                                    OMB issues a Notice of Action                                         Respondents: Multifamily owners,
                                                    approving this PRA collection.                                                                                                                   Program component (OMB–2502–
                                                                                                                        managing agents and tenants.                                                 0029)and ENERGY STAR Certification
                                                                                                                          Estimated Number of Respondents:                                           (OMB- 2060–0347) by the
                                                                                                                        17,049.                                                                      Environmental Protection Agency.
                                                                                                                          Average Hours per Response: .50.
                                                      14 https://portal.hud.gov/hudportal/documents/                     15 See Appendix C of the BBC Data Tracking

                                                    huddoc?id=15-04hsgn.pdf.                                            Manual.



                                               VerDate Sep<11>2014       20:00 Aug 08, 2016      Jkt 238001     PO 00000        Frm 00098       Fmt 4703        Sfmt 4703      E:\FR\FM\09AUN1.SGM               09AUN1


                                                    52708                         Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices

                                                    B. Solicitation of Public Comment                       Control Number and should be sent to:                 B. Solicitation of Public Comment
                                                       This notice is soliciting comments                   Colette Pollard, Reports Management                      This notice is soliciting comments
                                                    from members of the public and affected                 Officer, QDAM, Department of Housing                  from members of the public and affected
                                                    parties concerning the collection of                    and Urban Development, 451 7th Street                 parties concerning the collection of
                                                    information described in Section A on                   SW., Room 4176, Washington, DC                        information described in Section A on
                                                    the following:                                          20410–5000; telephone 202–402–3400                    the following: (1) Whether the proposed
                                                       (1) Whether the proposed collection                  (this is not a toll-free number) or email             collection of information is necessary
                                                    of information is necessary for the                     at Colette.Pollard@hud.gov for a copy of              for the proper performance of the
                                                    proper performance of the functions of                  the proposed forms or other available                 functions of the agency, including
                                                    the agency, including whether the                       information. Persons with hearing or                  whether the information will have
                                                    information will have practical utility;                speech impairments may access this                    practical utility; (2) The accuracy of the
                                                       (2) The accuracy of the agency’s                     number through TTY by calling the toll-               agency’s estimate of the burden of the
                                                    estimate of the burden of the proposed                  free Federal Relay Service at (800) 877–              proposed collection of information; (3)
                                                    collection of information;                              8339.                                                 Ways to enhance the quality, utility, and
                                                       (3) Ways to enhance the quality,                     FOR FURTHER INFORMATION CONTACT:                      clarity of the information to be
                                                    utility, and clarity of the information to              Ivery W. Himes, Director, Office of                   collected; and (4) Ways to minimize the
                                                    be collected; and                                       Single Family Asset Management,                       burden of the collection of information
                                                       (4) Ways to minimize the burden of                   Department of Housing and Urban                       on those who are to respond; including
                                                    the collection of information on those                  Development, 451 7th Street SW.,                      through the use of appropriate
                                                    who are to respond; including through                   Washington, DC 20410; email Ivery W.                  automated collection techniques or
                                                    the use of appropriate automated                        Himes at Ivery.W.Himes@hud.gov or                     other forms of information technology,
                                                    collection techniques or other forms of                 telephone 202–708–1672, option 3. This                e.g., permitting electronic submission of
                                                    information technology, e.g., permitting                is not a toll-free number. Persons with               responses.
                                                    electronic submission of responses.                     hearing or speech impairments may                        HUD encourages interested parties to
                                                       HUD encourages interested parties to                 access this number through TTY by                     submit comment in response to these
                                                    submit comment in response to these                     calling the toll-free Federal Relay                   questions.
                                                    questions.                                              Service at (800) 877–8339.                              Authority: Section 3507 of the Paperwork
                                                      Authority: Section 3507 of the Paperwork                 Copies of available documents                      Reduction Act of 1995, 44 U.S.C. Chapter 35.
                                                    Reduction Act of 1995, 44 U.S.C. Chapter 35.            submitted to OMB may be obtained
                                                                                                                                                                    Dated: August 3, 2016.
                                                                                                            from Ms. Himes.
                                                      Dated: August 3, 2016.                                                                                      Janet M. Golrick,
                                                    Janet M. Golrick,                                       SUPPLEMENTARY INFORMATION: This
                                                                                                                                                                  Associate General Deputy Assistant Secretary
                                                    Associate General Deputy Assistant Secretary
                                                                                                            notice informs the public that HUD is                 for Housing, Associate Deputy Federal
                                                    for Housing-Associate Deputy Federal                    seeking approval from OMB for the                     Housing Commissioner.
                                                    Housing Commissioner.                                   information collection described in                   [FR Doc. 2016–18876 Filed 8–8–16; 8:45 am]
                                                    [FR Doc. 2016–18877 Filed 8–8–16; 8:45 am]              Section A.
                                                                                                                                                                  BILLING CODE 4210–67–P
                                                    BILLING CODE 4210–67–P                                  A. Overview of Information Collection
                                                                                                              Title of Information Collection: HUD-
                                                                                                            Owned Real Estate Sales Contract and                  DEPARTMENT OF THE INTERIOR
                                                    DEPARTMENT OF HOUSING AND
                                                    URBAN DEVELOPMENT                                       Addendums.                                            Fish and Wildlife Service
                                                                                                              OMB Approval Number: 2502–0306.
                                                    [Docket No. FR–5913–N–16]                                                                                     [FWS–R3–ES–2016–N123;
                                                                                                              Type of Request: Revision.
                                                                                                                                                                  FXES11130300000–167–FF03E00000]
                                                    60-Day Notice of Proposed Information                     Form Numbers: HUD–9544, HUD–
                                                    Collection: HUD-Owned Real Estate                       9548, HUD–9548–B, HUD–9548–C,                         Endangered and Threatened Wildlife
                                                    Sales Contract and Addendums                            HUD–9548–G, HUD–9548–H, HUD–                          and Plants; Permit Applications
                                                                                                            9545–Y, HUD–9545–Z, SAMS–1101,
                                                    AGENCY:  Office of the Assistant                        SAMS–1103, SAMS–1108, SAMS–1110,                      AGENCY:   Fish and Wildlife Service,
                                                    Secretary for Housing—Federal Housing                   SAMS–1111, SAMS–1111–A, SAMS–                         Interior.
                                                    Commissioner, HUD.                                      1117, SAMS–1120, SAMS–1204,                           ACTION: Notice of availability; request
                                                    ACTION: Notice.                                         SAMS–1205.                                            for comments.
                                                                                                              Description of the need for the
                                                    SUMMARY:   HUD is seeking approval from                 information and proposed use: This                    SUMMARY:  We, the U.S. Fish and
                                                    the Office of Management and Budget                     collection of information consists of the             Wildlife Service, invite the public to
                                                    (OMB) for the information collection                    sales contracts and addenda that will be              comment on the following applications
                                                    described below. In accordance with the                 used in binding contracts between                     for a permit to conduct activities
                                                    Paperwork Reduction Act, HUD is                         purchasers of acquired single-family                  intended to enhance the survival of
                                                    requesting comment from all interested                  assets and HUD.                                       endangered or threatened species.
                                                    parties on the proposed collection of                     Respondents: Business or other for                  Federal law prohibits certain activities
                                                    information. The purpose of this notice                 profit.                                               with endangered species unless a permit
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    is to allow for 60 days of public                         Estimated Number of Respondents:                    is obtained.
                                                    comment.                                                14,082.                                               DATES: We must receive any written
                                                    DATES:   Comments Due Date: October 11,                   Estimated Number of Responses:                      comments on or before September 8,
                                                    2016.                                                   140,989.                                              2016.
                                                    ADDRESSES:   Interested persons are                       Frequency of Response: On occasion.                 ADDRESSES:   Send written comments by
                                                    invited to submit comments regarding                      Average Hours per Response: 5–30                    U.S. mail to the Regional Director, Attn:
                                                    this proposal. Comments should refer to                 minutes.                                              Carlita Payne, U.S. Fish and Wildlife
                                                    the proposal by name and/or OMB                           Total Estimated Burdens: 50,275.                    Service, Ecological Services, 5600


                                               VerDate Sep<11>2014   20:00 Aug 08, 2016   Jkt 238001   PO 00000   Frm 00099   Fmt 4703   Sfmt 4703   E:\FR\FM\09AUN1.SGM   09AUN1



Document Created: 2016-08-09 01:10:08
Document Modified: 2016-08-09 01:10:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactStan Houle, Office of Multifamily Housing Programs, Department of Housing and Urban Development, 451 7th Street SW., Room 10139, Washington, DC 20410, telephone 202-708-3054. (This is not a toll-free number.) Persons with hearing or speech impairments may access these numbers through TTY by calling the toll- free Federal Information Relay Service at 800-877-8339.
FR Citation81 FR 52703 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR