82 FR 23058 - 60-Day Notice of Proposed Information Collection: Comprehensive Listing of Transactional Documents for Mortgagors, Mortgagees and Contractors; Federal Housing Administration (FHA) Healthcare Facility Documents: Proposed Revisions and Updates of Information Collection

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 82, Issue 96 (May 19, 2017)

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 82, Number 96 (Friday, May 19, 2017)]
[Notices]
[Pages 23058-23060]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10229]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6001-N-07]


60-Day Notice of Proposed Information Collection: Comprehensive 
Listing of Transactional Documents for Mortgagors, Mortgagees and 
Contractors; Federal Housing Administration (FHA) Healthcare Facility 
Documents: Proposed Revisions and Updates of Information Collection

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

ACTION: Notice.

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SUMMARY: HUD is seeking approval from the Office of Management and 
Budget (OMB) for the information collection described below. In 
accordance with the Paperwork Reduction Act, HUD is requesting comment 
from all interested parties on the proposed collection of information. 
The purpose of this notice is to allow for 60 days of public comment.

DATES: Comments Due Date: July 18, 2017.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice. Communications must refer to the above docket number and 
title. There are two methods for submitting public comments:
    1. Submission of Comments by Mail. Comments may be submitted by 
mail to the Regulations Division, Office of General Counsel, Department 
of Housing and Urban Development, 451 7th Street SW., Room 10276, 
Washington, DC 20410-0500.
    2. Electronic Submission of Comments. Comments may be submitted 
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

[[Page 23059]]

above. Again, all submissions must refer to the docket number and 
title of the notice.

    No Facsimile Comments. Facsimile (fax) comments are not acceptable.
    Public Inspection of Public Comments. All properly submitted 
comments and communications will be available for public inspection and 
downloading at www.regulations.gov under the docket number for this 
notice.

FOR FURTHER INFORMATION CONTACT: John M. Hartung, Director, Policy, 
Risk Management and Lender Relations Division, Office of Residential 
Care Facilities, Office of Healthcare Programs, Office of Housing, U.S. 
Department of Housing and Urban Development, 1222 Spruce Street, Room 
3.203, St. Louis, MO 63103-2836; telephone (314) 418-5238 (this is not 
a toll-free number). Persons with hearing or speech disabilities may 
access this number through TTY by calling the toll-free Federal Relay 
Service at (800) 877-8339.

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

A. Overview of Information Collection

    Title of Information Collection: Comprehensive Listing of 
Transactional Documents for Mortgagors, Mortgagees and Contractors.
    OMB Approval Number: 2502-0605.
    Type of Request: Revision Request.
    Form Number: HUD-9001-ORCF, HUD-9001a-ORCF, HUD-9001b-ORCF, HUD-
9001c-ORCF, HUD-9001d-ORCF, HUD-9001e-ORCF, HUD-9001f-ORCF, HUD-9001g-
ORCF, HUD-9001h-ORCF, HUD-9001i-ORCF, HUD-9002-ORCF, HUD-9003-ORCF, 
HUD-9004-ORCF, HUD-9005-ORCF, HUD-9005a-ORCF, HUD-9006-ORCF, HUD-9007-
ORCF, HUD-9007a-ORCF, HUD-9009-ORCF, HUD-90010-ORCF, HUD-90011-ORCF, 
HUD-9444-ORCF, HUD-90012-ORCF, HUD-90013-ORCF, HUD-90014-ORCF, HUD-
90015-ORCF, HUD-90016-ORCF, HUD-90017-ORCF, HUD-90018-ORCF, HUD-90021-
ORCF, HUD-9442-ORCF, HUD-90023-ORCF, HUD-91123-ORCF, HUD-91124-ORCF, 
HUD-91125-ORCF, HUD-91127-ORCF, HUD-91129-ORCF, HUD-92328-ORCF, HUD-
92403-ORCF, HUD-92408-ORCF, HUD-92415-ORCF, HUD-92437-ORCF, HUD-92441-
ORCF, HUD-92441a-ORCF, HUD-92442-ORCF, HUD-92448-ORCF, HUD-92450-ORCF, 
HUD-92452-ORCF, HUD-92452A-ORCF, HUD-92455-ORCF, HUD-92456-ORCF, HUD-
92479-ORCF, HUD-92485-ORCF, HUD-92554-ORCF, HUD-93305-ORCF, HUD-95379-
ORCF, HUD-2-ORCF, HUD-935.2D-ORCF, HUD-941-ORCF, HUD-9445-ORCF, HUD-
9839-ORCF, HUD-90022-ORCF, HUD-90024-ORCF, HUD-91116-ORCF, HUD-91126-
ORCF, HUD-91130-ORCF, HUD-92000-ORCF, HUD-92264a-ORCF, HUD-92434-ORCF, 
HUD-90020-ORCF, HUD-92322-ORCF, HUD-92211-ORCF, HUD-92331-ORCF, HUD-
92333-ORCF, HUD-92335-ORCF, HUD-92337-ORCF, HUD-92339-ORCF, HUD-92340-
ORCF, HUD-92341-ORCF, HUD-92342-ORCF, HUD-2205A-ORCF, HUD-91110-ORCF, 
HUD-91111-ORCF, HUD-91112-ORCF, HUD-91118-ORCF, HUD-91710-ORCF, HUD-
92023-ORCF, HUD-92070-ORCF, HUD-92071-ORCF, HUD-92223-ORCF, HUD-92323-
ORCF, HUD-92330-ORCF, HUD-92330A-ORCF, HUD-92420-ORCF, HUD-92435-ORCF, 
HUD-92466-ORCF, HUD-92466A-ORCF, HUD-92468-ORCF, HUD-94000-ORCF, HUD-
94000-ORCF-ADD, HUD-94000B-ORCF, HUD-94001-ORCF, HUD-94001-ORCF-RI, 
HUD-9443-ORCF, HUD-91071-ORCF, HUD-91128-ORCF, HUD-92412-ORCF, HUD-
92414-ORCF, HUD-92464-ORCF, HUD-92476-ORCF, HUD-92476B-ORCF, HUD-
92476C-ORCF, HUD-91117-ORCF, HUD-91725-ORCF, HUD-91725-INST-ORCF, HUD-
91725-CERT-ORCF, HUD-92325-ORCF, HUD-1044-D-ORCF, HUD-2537-ORCF, HUD-
2747-ORCF, HUD-9250-ORCF, HUD-9807-ORCF, HUD-90019-ORCF, HUD-90029-
ORCF, HUD-90030-ORCF, HUD-90031-ORCF, HUD-90032-ORCF, HUD-90033-ORCF, 
HUD-92080-ORCF, HUD-92117-ORCF, HUD-92228-ORCF, HUD-92266-ORCF, HUD-
92266A-ORCF, HUD-92266B-ORCF, HUD-92417-ORCF, HUD-93332-ORCF, HUD-
93333-ORCF, HUD-93334-ORCF, HUD-93335-ORCF, HUD-93479-ORCF, HUD-93480-
ORCF, HUD-93481-ORCF, HUD-93486-ORCF, HUD-91116A-ORCF, HUD-92211A-ORCF, 
HUD-92323A-ORCF, HUD-92333A-ORCF, HUD-92338-ORCF, HUD-92340A-ORCF, HUD-
92420A-ORCF, HUD-92434A-ORCF, HUD-92440-ORCF, HUD-92467-ORCF, HUD-
92467A-ORCF, HUD-94000A-ORCF, HUD-94001A-ORCF.

Description of the Need for the Information and Proposed Use

    The issuance of this notice is modeled on the public review and 
input process that HUD utilized in the establishment of the healthcare 
facility documents for Section 232 of the National Housing Act (Section 
232) program. On March 14, 2013, at 78 FR 16279, after solicitation of 
comment, HUD published in the Federal Register a notice that announced 
the approval of the healthcare facility documents under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3520) (PRA) and an assignment of 
a control number, 2502-0605, by the Office of Management and Budget 
(OMB). The final collection received a 12-month approval. Following OMB 
approval, on February 17, 2014, at 79 FR 11114, HUD solicited 
additional comment before seeking a 36-month approval. After the 
appropriate comment and response periods, the healthcare facility 
documents were approved for a 36-month renewal, as of June 30, 2014, 
with an expiration of June 2017.
    As required by 5 CFR 1320.8(d)(1) and consistent with HUD's process 
utilized when establishing the healthcare facility documents, HUD is 
soliciting comments from members of the public and interested parties 
on the renewal of the revised healthcare facility documents. The 
healthcare facility documents include 156 documents going through the 
PRA process and available for review at: www.hud.gov/232comments. All 
of the documents that are the subject of this notice are also listed 
above. All documents are presented online in redline/strikeout format, 
so that the reviewer can see the changes proposed to be made to the 
documents.
    A majority of the documents are being renewed, and some include 
edits that were made to address changes in policies in recent years or 
to address inconsistencies across documents and other Program 
Obligations (i.e. the Section 232 Handbook 4232.1). The collection also 
includes new additions to fold in tools previously only found in the 
Multifamily Housing document collections, as well as to create 
consistent formats for submitting information to ORCF that was not 
previously captured in the 2014 document collection, but that is 
required by ORCF. A few obsolete documents are being removed as well. 
These include resources that are no longer relevant to ORCF or 
duplicate information already found in other documents. An example 
would include documents specifically related to ``Blended Rate'' 
transactions. ORCF updated its policies after determining that, 
consistent with FHA Multifamily Housing's approach, an otherwise 
eligible transaction could come within either the Section 223(f) 
criteria or the Section 232 Substantial Rehabilitation criteria and 
that, therefore, a blending of the loan-to-value criteria of those two 
programs is not necessary.
    A brief summary of the more significant changes per documentation 
category is provided below.

[[Page 23060]]

     Lender Narratives--The edits consist primarily of changes 
to remove program guidance from the narratives and to incorporate 
updated underwriting standards specific to, for example, special use 
facilities.
     Consolidated Certifications--The changes consist of 
streamlining the form and revising language to incorporate the changed 
policy in the new previous participation regulation with new 
definitions such as Controlling Participant.
     Construction documents--Several documents are proposed 
that will replace the current versions of the Multifamily forms still 
in use, such as a new Borrower Certification for Early Start/Early 
Commencement of Construction projects.
     Underwriting documents--A new form was added--New Fair 
Housing Marketing Plan document--which provides the Affirmative Fair 
Housing Marketing Plan Requirements. ORCF removed one obsolete document 
(Agreement for Payment of Real Property Taxes) that is more specific to 
multifamily housing, and not relevant to healthcare facilities, as well 
as the Certificate of Need for Health Facilities and Schedule of 
Facilities Owned, Operated or Managed, which both contained duplicative 
information provided in other documents. The new Affirmative Fair 
Housing Marketing Plan was vetted with FHEO; other HUD programs had 
unique AFHMPs for their programs, and this new form is meant to 
accomplish the same for healthcare facilities. Appraisal information 
will also be collected via a new spreadsheet that is similar to a 
collection method used by the multifamily housing ``wheelbarrow''.
     Accounts Receivable (AR) documents--Edits include changes 
made to the Intercreditor Agreement form to address an ongoing issue of 
how operators should disclose any cross-defaults between the AR loan 
and the HUD loan.
     Master Lease documents--Changes include adding two new 
forms: Termination and Release of Cross-Default Guaranty of 
Subtenants--Proposed and Amendment to HUD Master Lease (Partial 
Termination and Release)--Proposed to reflect the 232 Handbook policy 
related to a release of a project from a master lease.
     Closing documents--Edits were made to the Surplus Cash 
Note and Subordination Agreement--(Financing) to restrict distributions 
when there is secondary financing.
     Security Instrument/Mortgage Deed of Trust--Edits were 
made to the exculpation provision in the Security Instrument/Mortgage 
Deed of Trust to reflect Multifamily's form and reduces the need to 
amend the document when the Regulatory Agreement--Borrower paragraph 38 
is changed. New residential care facilities versions of Certificate of 
Actual Cost as well as a Rider to Security Instrument--LIHTC--were 
incorporated into the collection to replace Multifamily versions still 
in use which did not reflect ORCF policy.
     Regulatory Agreement for Fire Safety--A new Regulatory 
Agreement for Fire Safety projects and a Management Agreement Addendum, 
as well as formalization of a Lender Certification for Insurance 
Coverage, to incorporate current samples already in place were added to 
the documentation collection.
     Escrow documents--New proposed escrow forms for long-term 
debt service reserves and Off-Site Facilities were also added.
     Asset Management documents--Change of participant 
application documents were revised to streamline the documents needed 
for a change in title of mortgaged property, change of operator or 
management agent, or complete change of all the parties. Documents 
still being used in the Multifamily format were incorporated into this 
collection, to specifically address ORCF policy. New Lender Narratives 
were also added for the addition of Accounts Receivable, for Requests 
to Release or Modify Original Loan Collateral and Loan Modifications 
(along with a corresponding Certification). New forms were also added 
to incorporate existing samples in use for 232 Healthcare Portal 
Access, and notification to ORCF, by the Servicer and Operator of 
developing concerns within a project.
     Supplemental Loan documents--All 241a loan documents that 
have been in use as samples are now made a part of the documentation 
collection for OMB approval.

    Note: HUD makes no changes to the Legal Opinion and 
Certification Documents.

    Respondents (i.e. affected public): Borrowers/sponsors, general 
contractors, lenders, and others involved in residential healthcare 
facility projects.
    Estimated Number of Respondents: 5,468.
    Estimated Number of Responses: 24,459.
    Frequency of Response: 708.
    Average Hours per Response: 5.21.
    Total Estimated Burden: 47,174.

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: May 11, 2017.
Genger Charles,
General Deputy Assistant Secretary for Housing.
[FR Doc. 2017-10229 Filed 5-18-17; 8:45 am]
BILLING CODE 4210-67-P