81_FR_86187 81 FR 85958 - Proposed Collection; Comment Request

81 FR 85958 - Proposed Collection; Comment Request

FEDERAL HOUSING FINANCE AGENCY

Federal Register Volume 81, Issue 229 (November 29, 2016)

Page Range85958-85961
FR Document2016-28707

In accordance with the requirements of the Paperwork Reduction Act of 1995, the Federal Housing Finance Agency (FHFA or the Agency) is seeking public comments concerning the information collection known as the ``Affordable Housing Program,'' which has been assigned control number 2590-0007 by the Office of Management and Budget (OMB). FHFA intends to submit the information collection to OMB for review and approval of a three-year extension of the control number, which is due to expire on November 30, 2016.

Federal Register, Volume 81 Issue 229 (Tuesday, November 29, 2016)
[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Notices]
[Pages 85958-85961]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28707]


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FEDERAL HOUSING FINANCE AGENCY

[No. 2016-N-12]


Proposed Collection; Comment Request

AGENCY: Federal Housing Finance Agency.

[[Page 85959]]


ACTION: 30-Day Notice of submission of information collection for 
approval from Office of Management and Budget.

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SUMMARY: In accordance with the requirements of the Paperwork Reduction 
Act of 1995, the Federal Housing Finance Agency (FHFA or the Agency) is 
seeking public comments concerning the information collection known as 
the ``Affordable Housing Program,'' which has been assigned control 
number 2590-0007 by the Office of Management and Budget (OMB). FHFA 
intends to submit the information collection to OMB for review and 
approval of a three-year extension of the control number, which is due 
to expire on November 30, 2016.

DATES: Interested persons may submit comments on or before December 29, 
2016.

ADDRESSES: Submit comments to the Office of Information and Regulatory 
Affairs of the Office of Management and Budget, Attention: Desk Officer 
for the Federal Housing Finance Agency, Washington, DC 20503, Fax: 
(202) 395-3047, Email: [email protected]. Please also submit 
comments to FHFA, identified by ``Proposed Collection; Comment Request: 
`Affordable Housing Program, (No. 2016-N-12)' '' by any of the 
following methods:
     Agency Web site: www.fhfa.gov/open-for-comment-or-input.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. If you submit your 
comment to the Federal eRulemaking Portal, please also send it by email 
to FHFA at [email protected] to ensure timely receipt by the agency.
     Mail/Hand Delivery: Federal Housing Finance Agency, Eighth 
Floor, 400 Seventh Street SW., Washington, DC 20219, ATTENTION: 
Proposed Collection; Comment Request: ``Affordable Housing Program, 
(No. 2016-N-12)''.
     U.S. Mail, United Parcel Service, Federal Express, or 
Other Mail Service: The mailing address for comments is: Alfred M. 
Pollard, General Counsel, Attention: Comments/2016-N-12, Federal 
Housing Finance Agency, 400 Seventh Street SW., Eighth Floor, 
Washington, DC 20219.
    We will post all public comments we receive without change, 
including any personal information you provide, such as your name and 
address, email address, and telephone number, on the FHFA Web site at 
http://www.fhfa.gov. In addition, copies of all comments received will 
be available for examination by the public on business days between the 
hours of 10 a.m. and 3 p.m., at the Federal Housing Finance Agency, 
Eighth Floor, 400 Seventh Street SW., Washington, DC 20219. To make an 
appointment to inspect comments, please call the Office of General 
Counsel at (202) 649-3804.

FOR FURTHER INFORMATION CONTACT: Deattra D. Perkins, Senior Policy 
Analyst, Division of Housing Mission & Goals, [email protected], 
(202) 649-3133; or Sylvia C. Martinez, Manager, Federal Home Loan Bank 
Housing and Community Investment Programs, Division of Housing Mission 
& Goals, [email protected], (202) 649-3301 (these are not toll-
free numbers); Federal Housing Finance Agency, 400 Seventh Street SW., 
Washington, DC 20219. The Telecommunications Device for the Hearing 
Impaired is (800) 877-8339.

SUPPLEMENTARY INFORMATION:

A. Background

    The Federal Home Loan Bank System consists of eleven regional 
Federal Home Loan Banks (Banks) and the Office of Finance (a joint 
office of the Banks that issues and services their debt securities). 
The Banks are wholesale financial institutions, organized under 
authority of the Federal Home Loan Bank Act (Bank Act) to serve the 
public interest by enhancing the availability of residential housing 
finance and community lending credit through their member institutions 
and, to a limited extent, through eligible non-member ``housing 
associates.'' \1\ Each Bank is structured as a regional cooperative 
that is owned and controlled by member financial institutions located 
within its district, which are also its primary customers.
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    \1\ Certain non-member entities are permitted by statute to 
engage in limited business activities with a Bank. See 12 U.S.C. 
1430b. FHFA's regulations refer to these entities as ``housing 
associates.'' See 12 CFR part 1264.
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    Section 10(j) of the Bank Act requires FHFA to promulgate 
regulations under which each of the eleven Banks must establish an 
Affordable Housing Program (AHP) to provide subsidy to the Bank's 
member institutions to: (1) Finance homeownership by households with 
incomes at or below 80 percent of the area median income (low- or 
moderate-income households); and (2) to finance the purchase, 
construction, or rehabilitation of rental housing in which at least 20 
percent of the units will be occupied by and affordable for households 
earning 50 percent or less of the area median income (very low-income 
households).\2\ Section 10(j) also establishes standards and 
requirements for providing such subsidized funding to Bank members and 
requires each Bank to contribute 10 percent of its previous year's net 
earnings to its AHP annually, subject to a minimum annual combined 
contribution by the eleven Banks of $100 million.\3\
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    \2\ See 12 U.S.C. 1430(j)(1) and (2).
    \3\ See 12 U.S.C. 1430(j)(5)(C).
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    FHFA's AHP regulation, which implements the statutory AHP 
requirements, is located at 12 CFR part 1291. The regulation requires 
that each Bank establish and fund an AHP and sets forth the parameters 
within which the Banks' programs must operate. The regulation permits 
the Banks a degree of discretion in determining how their individual 
programs are to be implemented and requires that each Bank adopt an AHP 
Implementation Plan setting forth the specific requirements for that 
Bank's program.\4\
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    \4\ See 12 CFR 1291.3.
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Competitive Application Programs

    The AHP regulation requires each Bank to establish a competitive 
application program under which the Bank accepts applications for AHP 
subsidized advances or direct subsidies (grants) submitted by its 
members on behalf of non-member entities having a significant 
connection to the projects for which subsidy is being sought (project 
sponsors).\5\ Each Bank accepts applications for AHP subsidy under its 
competitive application program during a specified number of funding 
periods each year, as determined by the Bank.\6\ A Bank must determine 
for each application it receives whether the proposed project meets the 
AHP regulatory eligibility requirements.\7\ The Bank must score each 
application according to AHP regulatory and Bank-specific scoring 
guidelines, and approve the highest scoring projects within that 
funding period for AHP subsidy.\8\
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    \5\ See 12 CFR 1291.5. Under the regulation, an AHP project 
sponsor may be an entity that either: (1) Has an ownership interest 
in a rental project; (2) is integrally involved in an owner-occupied 
project, such as by exercising control over the planning, 
development, or management of the project, or by qualifying 
borrowers and providing or arranging financing for the owners of the 
units; (3) operates a loan pool; or (4) is a revolving loan fund. 12 
CFR 1291.1 (definition of ``sponsor'').
    \6\ See 12 CFR 1291.5(b)(1).
    \7\ See 12 CFR 1291.5(c).
    \8\ See 12 CFR 1291.5(d).
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    The regulation provides that, prior to each disbursement of AHP 
subsidy for a project approved under a Bank's competitive application 
program, the Bank must confirm that the project continues to meet the 
AHP regulatory

[[Page 85960]]

eligibility requirements, as well as all commitments made in the 
approved AHP application.\9\ As part of this process, Banks typically 
require that the member and project sponsor provide documentation 
demonstrating continuing compliance.
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    \9\ See 12 CFR 1291.5(g)(3).
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    The regulation permits a Bank to approve a modification to the 
terms of an approved application that would change the score that the 
application received in the funding period in which it was originally 
scored and approved, had the changed facts been operative at that time. 
To approve a modification: (i) The project, incorporating the changes, 
must continue to meet the regulatory eligibility requirements; (ii) the 
application, as reflective of the changes, must continue to score high 
enough to have been approved in the funding period in which it was 
originally scored and approved; and (iii) there must be good cause for 
the modification, and the analysis and justification for the 
modification must be documented by the Bank in writing.\10\ Banks 
typically require the member and project sponsor requesting a 
modification to provide a written analysis and justification as part of 
their modification request.
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    \10\ See 12 CFR 1291.5(f).
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    The regulation requires generally that a Bank monitor each owner-
occupied and rental project receiving AHP subsidy under its competitive 
application program prior to and after project completion. For initial 
monitoring, a Bank must determine whether the project is making 
satisfactory progress towards completion, in compliance with the 
commitments made in the approved application, Bank policies, and the 
AHP regulatory requirements. Following project completion, the Bank 
must determine whether satisfactory progress is being made towards 
occupancy of the project by eligible households, and whether the 
project meets the regulatory requirements and the commitments made in 
the approved application.\11\ For long-term monitoring of rental 
projects, subject to certain exceptions in the AHP regulation, the Bank 
must determine whether, during the 15-year retention period, the 
household incomes and rents comply with the income targeting and rent 
commitments made in the approved application.\12\ For both the initial 
and long-term monitoring, a Bank must review appropriate documentation 
maintained by the project sponsor.
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    \11\ See 12 CFR 1291.7(a)(1).
    \12\ See 12 CFR 1291.7(a)(4).
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Homeownership Set-Aside Programs

    The AHP regulation also authorizes each Bank, in its discretion, to 
allocate up to the greater of $4.5 million or 35 percent of its annual 
required AHP contribution to establish homeownership set-aside programs 
for the purpose of promoting homeownership for low- or moderate-income 
households.\13\ Under these homeownership set-aside programs, a Bank 
may provide to its members AHP direct subsidies, which are to be 
provided by the members to eligible households as a grant to pay for 
down payment, closing cost, counseling cost or rehabilitation 
assistance in connection with the household's purchase of a primary 
residence or rehabilitation of an owner-occupied residence.\14\ Prior 
to the Bank's disbursement of a direct subsidy under its homeownership 
set-aside program, the member must provide a certification that the 
subsidy will be provided in compliance with all applicable regulatory 
eligibility requirements.\15\
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    \13\ See 12 CFR 1291.2(b)(2); 1291.6.
    \14\ See 12 CFR 1291.6(c)(4).
    \15\ See 12 CFR 1291.7(b)(2).
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AHP Information Submitted by Banks to FHFA

    FHFA's Data Reporting Manual (DRM) requires each Bank to submit to 
FHFA aggregate AHP information.\16\ The DRM requires each Bank to 
submit to FHFA project-level information regarding its competitive 
application program and household-level information regarding its 
homeownership set-aside program semi-annually. The information the 
Banks are required to submit to FHFA under the DRM is derived from the 
documentation submitted by Bank members and project sponsors that is 
described above.
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    \16\ The AHP reporting requirements are located in chapter 5 of 
the DRM, which is available electronically on FHFA's public Web site 
at http://www.fhfa.gov/SupervisionRegulation/FederalHomeLoanBanks/Documents/FHFB-Resolutions/2006/2006-13-Attachment.pdf.
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B. Need for and Use of the Information Collection

    The Banks use the information collected under part 1291 to 
determine whether: (1) Projects for which Bank members and project 
sponsors are seeking subsidies under the Banks' competitive application 
programs satisfy the applicable statutory and regulatory requirements 
and score highly enough in comparison with other applications submitted 
during the same funding period to be approved for AHP subsidies; (2) 
projects approved under the Banks' competitive application programs 
continue to meet the applicable requirements and to comply with the 
commitments made in the approved applications each time subsidy is 
disbursed; (3) requests for modifications of projects approved under 
the Banks' competitive application programs meet the regulatory 
requirements for approval; (4) projects approved under the Banks' 
competitive application programs are making satisfactory progress 
towards completion, and following project completion, are making 
satisfactory progress towards occupancy of the project by eligible 
households, in compliance with the commitments made in the approved 
applications, Bank policies, and the regulatory requirements (initial 
monitoring); (5) during the 15-year retention period, completed rental 
projects continue to comply with the household income targeting and 
rent commitments made in the approved applications (long-term 
monitoring); and (6) applications for direct subsidy under Banks' 
homeownership set-aside programs were approved, and the direct 
subsidies disbursed, in accordance with the regulatory requirements.
    FHFA uses the information required to be submitted by the Banks 
under the DRM to verify that the Banks' funding decisions, and the use 
of the funds awarded, were consistent with statutory and regulatory 
requirements.
    The OMB control number for the information collection is 2590-0007. 
The current clearance expires on November 30, 2016. The likely 
respondents are institutions that are Bank members and non-member 
entities that sponsor an AHP project.

C. Burden Estimate

    FHFA has analyzed each of the six facets of this information 
collection in order to estimate the hour burdens that the collection 
will impose upon Bank members and AHP project sponsors annually over 
the next three years. Based on that analysis, FHFA estimates that the 
total annual hour burden will be 115,750. The method FHFA used to 
determine the annual hour burden for each facet of the information 
collection is explained in detail below.

I. AHP Competitive Applications

    FHFA estimates that Bank members, on behalf of project sponsors, 
will submit to the Banks an annual average of 1,350 applications for 
AHP subsidies under the Banks' competitive application programs and 
that the average preparation time for each application will be 24 
hours. The estimate for the total annual hour

[[Page 85961]]

burden on members and project sponsors in connection with the 
preparation and submission of AHP competitive applications is 32,400 
hours (1,350 applications x 24 hours).

II. Compliance Submissions for Approved Competitive Application 
Projects at AHP Subsidy Disbursement

    FHFA estimates that Bank members, on behalf of project sponsors, 
will make an annual average of 700 submissions to the Banks documenting 
that projects approved under the Banks' competitive application 
programs continue to comply with the regulatory eligibility 
requirements and all commitments made in the approved applications at 
the time each AHP subsidy is disbursed, and that the average 
preparation time for each submission will be 1 hour. The estimate for 
the total annual hour burden on members and project sponsors in 
connection with the preparation and submission of these compliance 
submissions is 700 hours (700 submissions x 1 hour).

III. Modification Requests for Approved Competitive Application 
Projects

    FHFA estimates that Bank members, on behalf of project sponsors, 
will submit to the Banks an annual average of 300 requests for 
modifications to projects that have been approved under the Banks' 
competitive application programs, and that the average preparation time 
for each request will be 2.5 hours. The estimate for the total annual 
hour burden on members and project sponsors in connection with the 
preparation and submission of these modification requests is 750 hours 
(300 requests x 2.5 hours).

IV. Initial Monitoring Submissions for Approved Competitive Application 
Projects

    FHFA estimates that project sponsors will make an annual average of 
500 submissions of documentation to the Banks for purposes of the 
Banks' initial monitoring of in-progress and recently completed 
projects approved under their competitive application programs, and 
that the average preparation time for each submission will be 5 hours. 
The estimate for the total annual hour burden on project sponsors in 
connection with the preparation and submission of documentation 
required for initial monitoring of competitive application projects is 
2,500 hours (500 submissions x 5 hours).

V. Long-Term Monitoring Submissions for Approved Competitive 
Application Program Projects

    FHFA estimates that project sponsors will make an annual average of 
4,800 submissions of documentation to the Banks for purposes of the 
Banks' long-term monitoring of completed projects approved under their 
competitive application programs, and that the average preparation time 
for each submission will be 3 hours. The estimate for the total annual 
hour burden on project sponsors in connection with the preparation and 
submission of documentation required for long-term monitoring of 
competitive application projects is 14,400 hours (4,800 submissions x 3 
hours).

VI. Homeownership Set-Aside Program Applications and Certifications

    FHFA estimates that Bank members will submit to the Banks an annual 
average of 13,000 applications and required certifications for AHP 
direct subsidies under the Banks' homeownership set-aside programs, and 
that the average preparation time for those submissions together will 
be 5 hours. The estimate for the total annual hour burden on members in 
connection with the preparation and submission of homeownership set-
aside program applications and certifications is 65,000 hours (13,000 
applications/certifications x 5 hours).

D. Comment Request

    In accordance with the requirements of 5 CFR 1320.8(d), FHFA 
published an initial notice requesting comments regarding this 
information collection in the Federal Register on September 23, 
2016.\17\ The 60-day comment period closed on September 22, 2016. No 
comments were received.
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    \17\ See 81 FR 65648 (Sept. 23, 2016).
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    In accordance with the requirements of 5 CFR 1320.10(a), FHFA is 
publishing this second notice to request comments regarding the 
following: (1) Whether the collection of information is necessary for 
the proper performance of FHFA functions, including whether the 
information has practical utility; (2) the accuracy of FHFA's estimates 
of the burdens of the collection of information; (3) ways to enhance 
the quality, utility and clarity of the information collected; and (4) 
ways to minimize the burden of the collection of information on members 
and project sponsors, including through the use of automated collection 
techniques or other forms of information technology. Comments should be 
submitted in writing to both OMB and FHFA as instructed above in the 
COMMENTS section.

    Dated: November 23, 2016.
Kevin Winkler,
Chief Information Officer, Federal Housing Finance Agency.
[FR Doc. 2016-28707 Filed 11-28-16; 8:45 am]
 BILLING CODE 8070-01-P



                                                    85958                              Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices

                                                    of any given year (January through June)                                by officials of the insured institutions to                                     Affected Public: Insured State
                                                    are June 30 and September 30 of the                                     confirm that the assessment data are                                          nonmember banks and savings
                                                    current year. The collection dates for the                              accurate and, in cases of inaccuracy,                                         associations that sell insurance
                                                    second period (July through December)                                   submission of corrected data.                                                 products; persons who sell insurance
                                                    are December 30 of the current year and                                   3. Title: Insurance Products Consumer                                       products in or on behalf of insured State
                                                    March 30 of the following year. The                                     Protections.                                                                  nonmember banks and savings
                                                    information collection consists of                                        OMB Number: 3064–0140.                                                      associations.
                                                    recordkeeping associated with reviews                                     Form Number: None.

                                                                                                                                                BURDEN ESTIMATE
                                                                                                                                                                                                                                                            Total annual
                                                                                                                                                                 Estimated                   Estimated                      Frequency of                     estimated
                                                                                                                             Type of burden                      number of                   hours per                        response                        burden
                                                                                                                                                                respondents                  response                                                         (hours)

                                                    Review disclosure materials .........................                Recordkeeping ..........                             2,020                             1    On Occasion .............                     2,020
                                                    Make disclosures to consumers ...................                    Disclosure .................                         2,020                             4    On Occasion .............                     8,080

                                                          Totals .....................................................   ...................................   ........................   ........................   ....................................         10,100



                                                      General Description of Collection:                                    completion of the initial sale of an                                            4. Title: Reverse Mortgage Products.
                                                    Respondents must prepare and provide                                    insurance product or annuity to a                                               OMB Number: 3064–0176.
                                                    certain disclosures to consumers (e.g.,                                 consumer; and (2) at the time of
                                                    that insurance products and annuities                                   application for the extension of credit (if                                     Form Number: None.
                                                    are not FDIC-insured) and obtain                                        insurance products or annuities are                                             Affected Public: Insured State
                                                    consumer acknowledgments, at two                                        sold, solicited, advertised, or offered in                                    nonmember banks and savings
                                                    different times: (1) Before the                                         connection with an extension of credit).                                      associations.

                                                                                                                                                BURDEN ESTIMATE
                                                                                                                                                                                                                                                            Total annual
                                                                                                                                                                 Estimated                   Estimated                      Frequency of                     estimated
                                                                                                                             Type of burden                      number of                   hours per                        response                        burden
                                                                                                                                                                respondents                  response                                                         (hours)

                                                    Implementation .............................................         Reporting ..................                               1                        40      Annually .....................                   40
                                                    Ongoing ........................................................     Reporting ..................                              26                         8      Annually .....................                  200

                                                          Totals .....................................................   ...................................   ........................   ........................   ....................................            240



                                                      General Description of Collection: In                                   • Policies should be clear so that                                          clarity of the information to be
                                                    August, 2010, the OCC, FDIC, FRB and                                    originators do not have an inappropriate                                      collected; and (d) ways to minimize the
                                                    NCUA issued guidance focusing on the                                    incentive to sell other products that                                         burden of the collections of information
                                                    need to provide adequate information to                                 appear linked to the granting of a                                            on respondents, including through the
                                                    consumers about reverse mortgage                                        mortgage.                                                                     use of automated collection techniques
                                                    products; to provide qualified                                            • Legal and compliance reviews                                              or other forms of information
                                                    independent counseling to consumers                                     should include oversight of                                                   technology. All comments will become
                                                    considering these products; and to avoid                                compensation programs so that lending                                         a matter of public record.
                                                    potential conflicts of interest. The                                    personnel are not improperly                                                    Dated at Washington, DC, this 23rd day of
                                                    guidance also addressed related                                         encouraged to direct consumers to                                             November 2016.
                                                    policies, procedures, internal controls,                                particular products.                                                          Federal Deposit Insurance Corporation
                                                    and third party risk management. Prior                                    • Training should be designed so that
                                                    to the effective date of the final                                      relevant lending personnel are able to                                        Robert E. Feldman,
                                                    guidance, the Agencies obtained PRA                                     convey information to consumers about                                         Executive Secretary.
                                                    approval from OMB for the information                                   product terms and risks in a timely,                                          [FR Doc. 2016–28679 Filed 11–28–16; 8:45 am]
                                                    collection requirements contained                                       accurate, and balanced manner.                                                BILLING CODE 6714–01–P
                                                    therein. These information collection
                                                    requirements included implementation                                    Request for Comment
                                                    of policies and procedures, training, and                                 Comments are invited on: (a) Whether
                                                    program maintenance. The requirements                                   the collections of information are                                            FEDERAL HOUSING FINANCE
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    are outlined below:                                                     necessary for the proper performance of                                       AGENCY
                                                      • Institutions offering reverse                                       the FDIC’s functions, including whether
                                                    mortgages should have written policies                                  the information has practical utility; (b)                                    [No. 2016–N–12]
                                                    and procedures that prohibit the                                        the accuracy of the estimates of the                                          Proposed Collection; Comment
                                                    practice of directing a consumer to a                                   burden of the information collections,                                        Request
                                                    particular counseling agency or                                         including the validity of the
                                                    contacting a counselor on the                                           methodology and assumptions used; (c)                                         AGENCY:        Federal Housing Finance
                                                    consumer’s behalf.                                                      ways to enhance the quality, utility, and                                     Agency.


                                               VerDate Sep<11>2014        17:48 Nov 28, 2016         Jkt 241001      PO 00000       Frm 00039        Fmt 4703       Sfmt 4703       E:\FR\FM\29NON1.SGM               29NON1


                                                                               Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices                                                        85959

                                                    ACTION: 30-Day Notice of submission of                  examination by the public on business                    income households).2 Section 10(j) also
                                                    information collection for approval from                days between the hours of 10 a.m. and                    establishes standards and requirements
                                                    Office of Management and Budget.                        3 p.m., at the Federal Housing Finance                   for providing such subsidized funding
                                                                                                            Agency, Eighth Floor, 400 Seventh                        to Bank members and requires each
                                                    SUMMARY:   In accordance with the                       Street SW., Washington, DC 20219. To                     Bank to contribute 10 percent of its
                                                    requirements of the Paperwork                           make an appointment to inspect                           previous year’s net earnings to its AHP
                                                    Reduction Act of 1995, the Federal                      comments, please call the Office of                      annually, subject to a minimum annual
                                                    Housing Finance Agency (FHFA or the                     General Counsel at (202) 649–3804.                       combined contribution by the eleven
                                                    Agency) is seeking public comments                                                                               Banks of $100 million.3
                                                    concerning the information collection                   FOR FURTHER INFORMATION CONTACT:
                                                                                                            Deattra D. Perkins, Senior Policy                          FHFA’s AHP regulation, which
                                                    known as the ‘‘Affordable Housing                                                                                implements the statutory AHP
                                                    Program,’’ which has been assigned                      Analyst, Division of Housing Mission &
                                                                                                            Goals, Deattra.Perkins@fhfa.gov, (202)                   requirements, is located at 12 CFR part
                                                    control number 2590–0007 by the Office                                                                           1291. The regulation requires that each
                                                    of Management and Budget (OMB).                         649–3133; or Sylvia C. Martinez,
                                                                                                            Manager, Federal Home Loan Bank                          Bank establish and fund an AHP and
                                                    FHFA intends to submit the information                                                                           sets forth the parameters within which
                                                    collection to OMB for review and                        Housing and Community Investment
                                                                                                            Programs, Division of Housing Mission                    the Banks’ programs must operate. The
                                                    approval of a three-year extension of the                                                                        regulation permits the Banks a degree of
                                                    control number, which is due to expire                  & Goals, Sylvia.Martinez@fhfa.gov, (202)
                                                                                                            649–3301 (these are not toll-free                        discretion in determining how their
                                                    on November 30, 2016.                                                                                            individual programs are to be
                                                                                                            numbers); Federal Housing Finance
                                                    DATES: Interested persons may submit                                                                             implemented and requires that each
                                                                                                            Agency, 400 Seventh Street SW.,
                                                    comments on or before December 29,                                                                               Bank adopt an AHP Implementation
                                                                                                            Washington, DC 20219. The
                                                    2016.                                                                                                            Plan setting forth the specific
                                                                                                            Telecommunications Device for the
                                                    ADDRESSES:   Submit comments to the                     Hearing Impaired is (800) 877–8339.                      requirements for that Bank’s program.4
                                                    Office of Information and Regulatory                    SUPPLEMENTARY INFORMATION:                               Competitive Application Programs
                                                    Affairs of the Office of Management and
                                                                                                                                                                        The AHP regulation requires each
                                                    Budget, Attention: Desk Officer for the                 A. Background
                                                                                                                                                                     Bank to establish a competitive
                                                    Federal Housing Finance Agency,
                                                                                                               The Federal Home Loan Bank System                     application program under which the
                                                    Washington, DC 20503, Fax: (202) 395–
                                                                                                            consists of eleven regional Federal                      Bank accepts applications for AHP
                                                    3047, Email: OIRA_submission@
                                                                                                            Home Loan Banks (Banks) and the                          subsidized advances or direct subsidies
                                                    omb.eop.gov. Please also submit
                                                                                                            Office of Finance (a joint office of the                 (grants) submitted by its members on
                                                    comments to FHFA, identified by
                                                                                                            Banks that issues and services their debt                behalf of non-member entities having a
                                                    ‘‘Proposed Collection; Comment
                                                                                                            securities). The Banks are wholesale                     significant connection to the projects for
                                                    Request: ‘Affordable Housing Program,
                                                                                                            financial institutions, organized under                  which subsidy is being sought (project
                                                    (No. 2016–N–12)’ ’’ by any of the
                                                                                                            authority of the Federal Home Loan                       sponsors).5 Each Bank accepts
                                                    following methods:
                                                                                                            Bank Act (Bank Act) to serve the public                  applications for AHP subsidy under its
                                                       • Agency Web site: www.fhfa.gov/
                                                                                                            interest by enhancing the availability of                competitive application program during
                                                    open-for-comment-or-input.
                                                                                                            residential housing finance and                          a specified number of funding periods
                                                       • Federal eRulemaking Portal: http://
                                                                                                            community lending credit through their                   each year, as determined by the Bank.6
                                                    www.regulations.gov. Follow the
                                                                                                            member institutions and, to a limited                    A Bank must determine for each
                                                    instructions for submitting comments. If
                                                                                                            extent, through eligible non-member                      application it receives whether the
                                                    you submit your comment to the
                                                                                                            ‘‘housing associates.’’ 1 Each Bank is                   proposed project meets the AHP
                                                    Federal eRulemaking Portal, please also
                                                                                                            structured as a regional cooperative that                regulatory eligibility requirements.7 The
                                                    send it by email to FHFA at
                                                                                                            is owned and controlled by member                        Bank must score each application
                                                    RegComments@fhfa.gov to ensure
                                                                                                            financial institutions located within its                according to AHP regulatory and Bank-
                                                    timely receipt by the agency.
                                                                                                            district, which are also its primary                     specific scoring guidelines, and approve
                                                       • Mail/Hand Delivery: Federal
                                                                                                            customers.                                               the highest scoring projects within that
                                                    Housing Finance Agency, Eighth Floor,
                                                                                                               Section 10(j) of the Bank Act requires                funding period for AHP subsidy.8
                                                    400 Seventh Street SW., Washington,                                                                                 The regulation provides that, prior to
                                                    DC 20219, ATTENTION: Proposed                           FHFA to promulgate regulations under
                                                                                                            which each of the eleven Banks must                      each disbursement of AHP subsidy for
                                                    Collection; Comment Request:                                                                                     a project approved under a Bank’s
                                                    ‘‘Affordable Housing Program, (No.                      establish an Affordable Housing
                                                                                                            Program (AHP) to provide subsidy to the                  competitive application program, the
                                                    2016–N–12)’’.                                                                                                    Bank must confirm that the project
                                                       • U.S. Mail, United Parcel Service,                  Bank’s member institutions to: (1)
                                                                                                            Finance homeownership by households                      continues to meet the AHP regulatory
                                                    Federal Express, or Other Mail Service:
                                                    The mailing address for comments is:                    with incomes at or below 80 percent of
                                                                                                                                                                       2 See  12 U.S.C. 1430(j)(1) and (2).
                                                    Alfred M. Pollard, General Counsel,                     the area median income (low- or                            3 See  12 U.S.C. 1430(j)(5)(C).
                                                    Attention: Comments/2016–N–12,                          moderate-income households); and (2)                        4 See 12 CFR 1291.3.

                                                    Federal Housing Finance Agency, 400                     to finance the purchase, construction, or                   5 See 12 CFR 1291.5. Under the regulation, an

                                                    Seventh Street SW., Eighth Floor,                       rehabilitation of rental housing in which                AHP project sponsor may be an entity that either:
                                                    Washington, DC 20219.                                   at least 20 percent of the units will be                 (1) Has an ownership interest in a rental project; (2)
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                                                                                                            occupied by and affordable for                           is integrally involved in an owner-occupied project,
                                                       We will post all public comments we                                                                           such as by exercising control over the planning,
                                                    receive without change, including any                   households earning 50 percent or less of                 development, or management of the project, or by
                                                    personal information you provide, such                  the area median income (very low-                        qualifying borrowers and providing or arranging
                                                    as your name and address, email                                                                                  financing for the owners of the units; (3) operates
                                                                                                              1 Certain non-member entities are permitted by         a loan pool; or (4) is a revolving loan fund. 12 CFR
                                                    address, and telephone number, on the                                                                            1291.1 (definition of ‘‘sponsor’’).
                                                                                                            statute to engage in limited business activities with
                                                    FHFA Web site at http://www.fhfa.gov.                   a Bank. See 12 U.S.C. 1430b. FHFA’s regulations
                                                                                                                                                                        6 See 12 CFR 1291.5(b)(1).

                                                    In addition, copies of all comments                     refer to these entities as ‘‘housing associates.’’ See      7 See 12 CFR 1291.5(c).

                                                    received will be available for                          12 CFR part 1264.                                           8 See 12 CFR 1291.5(d).




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                                                    85960                      Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices

                                                    eligibility requirements, as well as all                Homeownership Set-Aside Programs                      programs continue to meet the
                                                    commitments made in the approved                           The AHP regulation also authorizes                 applicable requirements and to comply
                                                    AHP application.9 As part of this                       each Bank, in its discretion, to allocate             with the commitments made in the
                                                    process, Banks typically require that the               up to the greater of $4.5 million or 35               approved applications each time
                                                    member and project sponsor provide                      percent of its annual required AHP                    subsidy is disbursed; (3) requests for
                                                    documentation demonstrating                             contribution to establish                             modifications of projects approved
                                                    continuing compliance.                                  homeownership set-aside programs for                  under the Banks’ competitive
                                                                                                            the purpose of promoting                              application programs meet the
                                                       The regulation permits a Bank to
                                                                                                            homeownership for low- or moderate-                   regulatory requirements for approval; (4)
                                                    approve a modification to the terms of                                                                        projects approved under the Banks’
                                                    an approved application that would                      income households.13 Under these
                                                                                                            homeownership set-aside programs, a                   competitive application programs are
                                                    change the score that the application                                                                         making satisfactory progress towards
                                                    received in the funding period in which                 Bank may provide to its members AHP
                                                                                                            direct subsidies, which are to be                     completion, and following project
                                                    it was originally scored and approved,                                                                        completion, are making satisfactory
                                                    had the changed facts been operative at                 provided by the members to eligible
                                                                                                            households as a grant to pay for down                 progress towards occupancy of the
                                                    that time. To approve a modification: (i)                                                                     project by eligible households, in
                                                    The project, incorporating the changes,                 payment, closing cost, counseling cost
                                                                                                            or rehabilitation assistance in                       compliance with the commitments
                                                    must continue to meet the regulatory                                                                          made in the approved applications,
                                                                                                            connection with the household’s
                                                    eligibility requirements; (ii) the                                                                            Bank policies, and the regulatory
                                                                                                            purchase of a primary residence or
                                                    application, as reflective of the changes,                                                                    requirements (initial monitoring); (5)
                                                                                                            rehabilitation of an owner-occupied
                                                    must continue to score high enough to                                                                         during the 15-year retention period,
                                                                                                            residence.14 Prior to the Bank’s
                                                    have been approved in the funding                       disbursement of a direct subsidy under                completed rental projects continue to
                                                    period in which it was originally scored                its homeownership set-aside program,                  comply with the household income
                                                    and approved; and (iii) there must be                   the member must provide a certification               targeting and rent commitments made in
                                                    good cause for the modification, and the                that the subsidy will be provided in                  the approved applications (long-term
                                                    analysis and justification for the                      compliance with all applicable                        monitoring); and (6) applications for
                                                    modification must be documented by                      regulatory eligibility requirements.15                direct subsidy under Banks’
                                                    the Bank in writing.10 Banks typically                                                                        homeownership set-aside programs
                                                    require the member and project sponsor                  AHP Information Submitted by Banks to                 were approved, and the direct subsidies
                                                    requesting a modification to provide a                  FHFA                                                  disbursed, in accordance with the
                                                    written analysis and justification as part                 FHFA’s Data Reporting Manual (DRM)                 regulatory requirements.
                                                    of their modification request.                          requires each Bank to submit to FHFA                    FHFA uses the information required
                                                       The regulation requires generally that               aggregate AHP information.16 The DRM                  to be submitted by the Banks under the
                                                    a Bank monitor each owner-occupied                      requires each Bank to submit to FHFA                  DRM to verify that the Banks’ funding
                                                    and rental project receiving AHP                        project-level information regarding its               decisions, and the use of the funds
                                                                                                            competitive application program and                   awarded, were consistent with statutory
                                                    subsidy under its competitive
                                                                                                            household-level information regarding                 and regulatory requirements.
                                                    application program prior to and after
                                                                                                            its homeownership set-aside program                     The OMB control number for the
                                                    project completion. For initial                                                                               information collection is 2590–0007.
                                                    monitoring, a Bank must determine                       semi-annually. The information the
                                                                                                            Banks are required to submit to FHFA                  The current clearance expires on
                                                    whether the project is making                                                                                 November 30, 2016. The likely
                                                    satisfactory progress towards                           under the DRM is derived from the
                                                                                                            documentation submitted by Bank                       respondents are institutions that are
                                                    completion, in compliance with the                                                                            Bank members and non-member entities
                                                    commitments made in the approved                        members and project sponsors that is
                                                                                                            described above.                                      that sponsor an AHP project.
                                                    application, Bank policies, and the AHP
                                                    regulatory requirements. Following                      B. Need for and Use of the Information                C. Burden Estimate
                                                    project completion, the Bank must                       Collection                                               FHFA has analyzed each of the six
                                                    determine whether satisfactory progress                   The Banks use the information                       facets of this information collection in
                                                    is being made towards occupancy of the                  collected under part 1291 to determine                order to estimate the hour burdens that
                                                    project by eligible households, and                     whether: (1) Projects for which Bank                  the collection will impose upon Bank
                                                    whether the project meets the regulatory                members and project sponsors are                      members and AHP project sponsors
                                                    requirements and the commitments                        seeking subsidies under the Banks’                    annually over the next three years.
                                                    made in the approved application.11 For                 competitive application programs                      Based on that analysis, FHFA estimates
                                                    long-term monitoring of rental projects,                satisfy the applicable statutory and                  that the total annual hour burden will
                                                    subject to certain exceptions in the AHP                regulatory requirements and score                     be 115,750. The method FHFA used to
                                                    regulation, the Bank must determine                     highly enough in comparison with other                determine the annual hour burden for
                                                    whether, during the 15-year retention                   applications submitted during the same                each facet of the information collection
                                                    period, the household incomes and                       funding period to be approved for AHP                 is explained in detail below.
                                                    rents comply with the income targeting                  subsidies; (2) projects approved under                I. AHP Competitive Applications
                                                    and rent commitments made in the                        the Banks’ competitive application
                                                                                                                                                                     FHFA estimates that Bank members,
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                                                    approved application.12 For both the
                                                    initial and long-term monitoring, a Bank                  13 See 12 CFR 1291.2(b)(2); 1291.6.                 on behalf of project sponsors, will
                                                    must review appropriate documentation                     14 See 12 CFR 1291.6(c)(4).                         submit to the Banks an annual average
                                                    maintained by the project sponsor.                        15 See 12 CFR 1291.7(b)(2).                         of 1,350 applications for AHP subsidies
                                                                                                              16 The AHP reporting requirements are located in    under the Banks’ competitive
                                                      9 See
                                                                                                            chapter 5 of the DRM, which is available              application programs and that the
                                                            12 CFR 1291.5(g)(3).                            electronically on FHFA’s public Web site at http://
                                                      10 See 12 CFR 1291.5(f).                              www.fhfa.gov/SupervisionRegulation/
                                                                                                                                                                  average preparation time for each
                                                      11 See 12 CFR 1291.7(a)(1).
                                                                                                            FederalHomeLoanBanks/Documents/FHFB-                  application will be 24 hours. The
                                                      12 See 12 CFR 1291.7(a)(4).                           Resolutions/2006/2006-13-Attachment.pdf.              estimate for the total annual hour


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                                                                               Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices                                                  85961

                                                    burden on members and project                           V. Long-Term Monitoring Submissions                     OMB and FHFA as instructed above in
                                                    sponsors in connection with the                         for Approved Competitive Application                    the COMMENTS section.
                                                    preparation and submission of AHP                       Program Projects                                          Dated: November 23, 2016.
                                                    competitive applications is 32,400 hours                  FHFA estimates that project sponsors                  Kevin Winkler,
                                                    (1,350 applications × 24 hours).                        will make an annual average of 4,800                    Chief Information Officer, Federal Housing
                                                    II. Compliance Submissions for                          submissions of documentation to the                     Finance Agency.
                                                    Approved Competitive Application                        Banks for purposes of the Banks’ long-                  [FR Doc. 2016–28707 Filed 11–28–16; 8:45 am]
                                                    Projects at AHP Subsidy Disbursement                    term monitoring of completed projects                   BILLING CODE 8070–01–P
                                                                                                            approved under their competitive
                                                      FHFA estimates that Bank members,                     application programs, and that the
                                                    on behalf of project sponsors, will make                average preparation time for each                       FEDERAL MARITIME COMMISSION
                                                    an annual average of 700 submissions to                 submission will be 3 hours. The
                                                    the Banks documenting that projects                     estimate for the total annual hour                      Notice of Agreement Filed
                                                    approved under the Banks’ competitive                   burden on project sponsors in
                                                                                                            connection with the preparation and                       The Commission hereby gives notice
                                                    application programs continue to                                                                                of the filing of the following agreement
                                                    comply with the regulatory eligibility                  submission of documentation required
                                                                                                            for long-term monitoring of competitive                 under the Shipping Act of 1984.
                                                    requirements and all commitments                                                                                Interested parties may submit comments
                                                    made in the approved applications at                    application projects is 14,400 hours
                                                                                                            (4,800 submissions × 3 hours).                          on the agreement to the Secretary,
                                                    the time each AHP subsidy is disbursed,                                                                         Federal Maritime Commission,
                                                    and that the average preparation time                   VI. Homeownership Set-Aside Program                     Washington, DC 20573, within twelve
                                                    for each submission will be 1 hour. The                 Applications and Certifications                         days of the date this notice appears in
                                                    estimate for the total annual hour                        FHFA estimates that Bank members                      the Federal Register. A copy of the
                                                    burden on members and project                           will submit to the Banks an annual                      agreement is available through the
                                                    sponsors in connection with the                         average of 13,000 applications and                      Commission’s Web site (www.fmc.gov)
                                                    preparation and submission of these                     required certifications for AHP direct                  or by contacting the Office of
                                                    compliance submissions is 700 hours                     subsidies under the Banks’                              Agreements at (202)-523–5793 or
                                                    (700 submissions × 1 hour).                             homeownership set-aside programs, and                   tradeanalysis@fmc.gov.
                                                                                                            that the average preparation time for                     Agreement No.: 012443.
                                                    III. Modification Requests for Approved                                                                           Title: Hyundai Glovis/Sallaum
                                                                                                            those submissions together will be 5
                                                    Competitive Application Projects                                                                                Cooperative Working Agreement.
                                                                                                            hours. The estimate for the total annual
                                                                                                            hour burden on members in connection                      Parties: Hyundai Glovis Co. Ltd. and
                                                      FHFA estimates that Bank members,
                                                                                                            with the preparation and submission of                  Sallaum Lines DMCC.
                                                    on behalf of project sponsors, will                                                                               Filing Party: Wayne R. Rohde, Esq.;
                                                    submit to the Banks an annual average                   homeownership set-aside program
                                                                                                            applications and certifications is 65,000               Cozen O’Conner; 1200 Nineteenth Street
                                                    of 300 requests for modifications to                                                                            NW; Washington, DC 20036.
                                                    projects that have been approved under                  hours (13,000 applications/certifications
                                                                                                            × 5 hours).                                               Synopsis: The Agreement authorizes
                                                    the Banks’ competitive application                                                                              the parties to charter space to/from one
                                                    programs, and that the average                          D. Comment Request                                      another and coordinate the sailings of
                                                    preparation time for each request will be                 In accordance with the requirements                   their ro-ro vessels in the trade from the
                                                    2.5 hours. The estimate for the total                   of 5 CFR 1320.8(d), FHFA published an                   Atlantic and Gulf Coasts of the United
                                                    annual hour burden on members and                       initial notice requesting comments                      States to ports in West and South Africa.
                                                    project sponsors in connection with the                 regarding this information collection in                The Parties request expedited review.
                                                    preparation and submission of these                     the Federal Register on September 23,                     By Order of the Federal Maritime
                                                    modification requests is 750 hours (300                 2016.17 The 60-day comment period                       Commission.
                                                    requests × 2.5 hours).                                  closed on September 22, 2016. No                          Dated: November 22, 2016.
                                                                                                            comments were received.                                 Rachel E. Dickon,
                                                    IV. Initial Monitoring Submissions for
                                                                                                              In accordance with the requirements                   Assistant Secretary.
                                                    Approved Competitive Application
                                                                                                            of 5 CFR 1320.10(a), FHFA is publishing
                                                    Projects                                                this second notice to request comments
                                                                                                                                                                    [FR Doc. 2016–28629 Filed 11–28–16; 8:45 am]
                                                                                                                                                                    BILLING CODE 6731–AA–P
                                                      FHFA estimates that project sponsors                  regarding the following: (1) Whether the
                                                    will make an annual average of 500                      collection of information is necessary
                                                    submissions of documentation to the                     for the proper performance of FHFA
                                                                                                            functions, including whether the                        FEDERAL RESERVE SYSTEM
                                                    Banks for purposes of the Banks’ initial
                                                    monitoring of in-progress and recently                  information has practical utility; (2) the              Formations of, Acquisitions by, and
                                                                                                            accuracy of FHFA’s estimates of the                     Mergers of Bank Holding Companies
                                                    completed projects approved under
                                                                                                            burdens of the collection of information;
                                                    their competitive application programs,
                                                                                                            (3) ways to enhance the quality, utility                  The companies listed in this notice
                                                    and that the average preparation time                   and clarity of the information collected;               have applied to the Board for approval,
                                                    for each submission will be 5 hours. The                and (4) ways to minimize the burden of                  pursuant to the Bank Holding Company
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                                                    estimate for the total annual hour                      the collection of information on                        Act of 1956 (12 U.S.C. 1841 et seq.)
                                                    burden on project sponsors in                           members and project sponsors,                           (BHC Act), Regulation Y (12 CFR part
                                                    connection with the preparation and                     including through the use of automated                  225), and all other applicable statutes
                                                    submission of documentation required                    collection techniques or other forms of                 and regulations to become a bank
                                                    for initial monitoring of competitive                   information technology. Comments                        holding company and/or to acquire the
                                                    application projects is 2,500 hours (500                should be submitted in writing to both                  assets or the ownership of, control of, or
                                                    submissions × 5 hours).                                                                                         the power to vote shares of a bank or
                                                                                                              17 See   81 FR 65648 (Sept. 23, 2016).                bank holding company and all of the


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Document Created: 2016-11-29 00:33:23
Document Modified: 2016-11-29 00:33:23
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
Action30-Day Notice of submission of information collection for approval from Office of Management and Budget.
DatesInterested persons may submit comments on or before December 29, 2016.
ContactDeattra D. Perkins, Senior Policy Analyst, Division of Housing Mission & Goals, [email protected], (202) 649-3133; or Sylvia C. Martinez, Manager, Federal Home Loan Bank Housing and Community Investment Programs, Division of Housing Mission & Goals, [email protected], (202) 649-3301 (these are not toll- free numbers); Federal Housing Finance Agency, 400 Seventh Street SW., Washington, DC 20219. The Telecommunications Device for the Hearing Impaired is (800) 877-8339.
FR Citation81 FR 85958 

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