Proposed Rule2021-24636
Streamlining and Implementation of Economic Growth, Regulatory Relief, and Consumer Protection Act Changes to Family Self-Sufficiency (FSS) Program; Re-Opening Public Comment Period on the Information Collection Requirements
Primary source
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Published
November 15, 2021
Effective
September 21, 2020
Issuing agencies
Housing and Urban Development Department
Abstract
On September 21, 2020, HUD published a proposed rule on streamlining and implementing the Economic Growth, Regulatory Relief, and Consumer Protection Act ("the Economic Growth Act"), which would make changes to HUD's Family Self-Sufficiency (FSS) Program. After the publication of that proposed rule, HUD determined that changes to the information collection requirements described in it would be necessary. This supplemental notice of proposed rulemaking therefore re-opens the public comment period on the Streamlining and Implementation of Economic Growth, Regulatory Relief, and Consumer Protection Act Changes to Family Self-Sufficiency (FSS) Program proposed rule ("the 2020 proposed rule") for an additional 30 days solely to seek comments on revisions to the Paperwork Reduction Act information collection requirements from the 2020 proposed rule. HUD is not soliciting comment on any other issues related to the 2020 proposed rule.
Full Text
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<title>Federal Register, Volume 86 Issue 217 (Monday, November 15, 2021)</title>
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[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Proposed Rules]
[Pages 62964-62966]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24636]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 887 and 984
[Docket No. FR-6114-P-02]
RIN 2577-AD09
Streamlining and Implementation of Economic Growth, Regulatory
Relief, and Consumer Protection Act Changes to Family Self-Sufficiency
(FSS) Program; Re-Opening Public Comment Period on the Information
Collection Requirements
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD, and Office of the Assistant Secretary for Housing--
Federal Housing Commissioner, HUD.
ACTION: Proposed rule; re-opening of comment period.
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SUMMARY: On September 21, 2020, HUD published a proposed rule on
streamlining and implementing the Economic Growth, Regulatory Relief,
and Consumer Protection Act (``the Economic Growth Act''), which would
make changes to HUD's Family Self-Sufficiency (FSS) Program. After the
publication of that proposed rule, HUD determined that changes to the
information collection requirements described in it would be necessary.
This supplemental notice of proposed rulemaking therefore re-opens the
public comment period on the Streamlining and Implementation of
Economic Growth, Regulatory Relief, and Consumer Protection Act Changes
to Family Self-Sufficiency (FSS) Program proposed rule (``the 2020
proposed rule'') for an additional 30 days solely to seek comments on
revisions to the Paperwork Reduction Act information collection
requirements from the 2020 proposed rule. HUD is not soliciting comment
on any other issues related to the 2020 proposed rule.
DATES: The comment period for the proposed rule published September 21,
2020, at 85 FR 59234, is re-opened. Comment Due Date: December 15,
2021.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposed rule. Copies of all comments submitted are available for
inspection and downloading at <a href="http://www.regulations.gov">www.regulations.gov</a>. To receive
consideration as public comments, comments must be submitted through
one of two methods, specified below. All submissions must refer to the
above docket number and title.
1. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a>. 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
<a href="http://www.regulations.gov">www.regulations.gov</a> website 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.
2. 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.
FOR FURTHER INFORMATION CONTACT: Aaron Santa Anna, Associate General
Counsel for Legislation and Regulations, Office of General Counsel,
Department of Housing and Urban Development, 451 7th Street SW, Room
10282, Washington, DC 20410; telephone number 202-402-5300 (this is not
a toll-free number). Individuals with hearing- or speech-impairments
may access this number via TTY by calling the toll-free Federal Relay
Service during working hours at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
[[Page 62965]]
I. Background
On September 21, 2020, at 85 FR 59234, HUD published a proposed
rule titled ``Streamlining and Implementation of Economic Growth,
Regulatory Relief, and Consumer Protection Act Changes to Family Self-
Sufficiency (FSS) Program.'' The 2020 proposed rule would revise the
FSS Program regulations to implement statutory requirements, and to
reduce burden and streamline the program for PHAs, Multifamily owners,
and eligible families. The public comment period closed on November 20,
2020, and HUD received 105 public comments in response to the 2020
proposed rule.
HUD has since determined that changes to the information collection
requirements described in the 2020 proposed rule would be necessary for
implementation of the rule, or would help the program operate more
efficiently. Specifically, HUD notes that all entities that currently
operate FSS programs would have to update their Action Plans one time
after the new rule becomes effective in order to incorporate regulatory
changes, and that PHAs would be required to complete a monitoring self-
review checklist for program compliance and reporting once every five
years. Additionally, while the 2020 proposed rule noted that the
information collection requirements would include paperwork for
Multifamily owners, it did not explicitly account for Project-Based
Rental Assistance (PBRA) FSS Program Reporting in the description of
the information collection.
Additionally, HUD is revising recordkeeping and recording burden
estimates for other collection information instruments that were
discussed in the 2020 proposed rule. First, HUD anticipates that more
funding may be appropriated for the FSS program than HUD anticipated
when the 2020 proposed rule was published. Specifically, HUD
anticipates that funding will be adequate to support 800 grantees. As a
result, HUD is increasing from 750 to 800 the estimate of responses to
the SF-424 (``Application for Federal Assistance''). HUD is adjusting
to 800 the estimate of responses to the Grant Agreement and the Annual
Report/Performance Report. Of these 800 grantees, HUD estimates that
approximately 100 will be new grantees. As such, HUD revises the
estimate for responses for the NOFA narrative and for Form HUD-52651
(``Family Self-Sufficiency (FSS) Program Coordinator Funding'') to 100.
Similarly, HUD estimates that 100 new grantees will submit new Action
Plans and estimates that the development of new plans will take 10
hours each. Estimating that about half of these 100 new grantees will
be PHAs and the other half will be Multifamily owners, and therefore
750 grantees will be PHAs, HUD estimates that there will be 750 annual
respondents for Form HUD-50058 (``Family Report'') and Form HUD-52652
(``Sample FSS Escrow Account Credit Worksheet''). As a result of
expected additional FSS funding, HUD has also adjusted the expected
number of responses for Cooperative Agreements up to 25 from 15, and
the number of responses for Form HUD-52650 (``Family Self-Sufficiency
(FSS) Program Contract of Participation'') up to 1,500 from 1,000.
Additionally, HUD is removing the burden estimate that appeared in the
proposed rule for Form HUD-2994-A (``You are Our Client! Grant
Applicant Survey'') (optional), because the form is not in use and is
revising the estimated number of responses for Form HUD-52755 (``Sample
Contract Administrative Partnership Agreement'') down to 5 from 20,
because this form is used only in rare occasions as a corrective
action. Finally, HUD is revising the burden hour estimate for this
collection for the SF-424 and SF-LLL forms to 0, because their burden
is included in different collections.
This supplemental notice of proposed rulemaking re-opens the public
comment period on the Streamlining and Implementation of Economic
Growth, Regulatory Relief, and Consumer Protection Act Changes to
Family Self-Sufficiency (FSS) Program proposed rule for an additional
30 days solely to seek comments on revisions to the Paperwork Reduction
Act information collection requirements from the 2020 proposed rule.
HUD is not soliciting comment on any other issues related to the 2020
proposed rule.
II. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520), an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless the
collection displays a valid control number. The information collection
requirements contained in this supplemental notice of proposed
rulemaking will be submitted to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
The 2020 proposed rule noted that it would require changes to the
existing approved paperwork to include PBRA, the addition of a Notice
of Funding Availability (NOFA) (now called a ``Notice of Funding
Opportunity'' or ``NOFO'') narrative, and the Cooperative Agreement.
After further review, HUD has determined that the revised overall
reporting and recordkeeping burden are estimated as follows:
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Description of information Number of Responses per Total annual Hours per
collection responses year responses response Total hours
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SF-424--Application for Federal 800 1 800 0 0
Assistance.....................
SF-LLL--Disclosure of Lobbying 40 1 40 0 0
Activities.....................
Form HUD 2880--Applicant, 800 1 800 0 0
Recipient, Disclosure, Update
Form (OMB No. 2510-0011) \1\...
NOFO Narrative.................. 100 1 100 10 1,000
Cooperative Agreements.......... 25 1 25 2 50
Form HUD-52755--Sample Contract 5 1 5 0.17 .85
Admin. Partnership Agreement...
Form HUD-52651--FSS Application. 100 1 100 1.5 150
Action Plan--New Grantees....... 100 1 100 10 1,000
Action Plan--One time Update for 700 1 700 5 3,500
One year Only After the new
Regulation is effective........
Form HUD-52650--Contract of 1,500 1 1,500 .25 375
Participation..................
Form HUD-52652--Sample Escrow 750 100 75,000 .85 63,750
Account Credit Worksheet.......
Notice of Award and Terms & 800 1 700 N/A N/A
Conditions (AKA Grant Agreement
*).............................
Annual Report (Narrative)/ 800 1 800 1 800
Performance Report.............
[[Page 62966]]
Form HUD-50058--Family Report 750 100 75,000 0 0
(OMB No. 2577-0083)............
Monitoring Review Self- 750 .20 150 2 300
Assessment Checklist...........
PBRA FSS Program Reporting...... 200 1 200 1 200
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Total....................... .............. .............. .............. 33.7 71,126
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* HUD-1044, Award/Amendment is completed by HUD staff, signed by the recipient of the grant, and returned to
HUD. This form is a certification, and HUD ascribes no burden to its use.
\1\ Burden hours for forms showing zero burden hours in this collection are reflected in the OMB approval number
cited or do not have a reportable burden.
III. Questions for Public Comment
In accordance with 5 CFR 1320.8(d)(1), HUD is soliciting comments
from members of the public and affected agencies concerning the
information collection requirements in this supplemental notice of
proposed rulemaking regarding:
(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) Whether the proposed collection of information enhances the
quality, utility, and clarity of the information to be collected; and
(4) Whether the proposed information collection minimizes 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).
Aaron Santa Anna,
Associate General Counsel for Legislation and Regulations.
[FR Doc. 2021-24636 Filed 11-12-21; 8:45 am]
BILLING CODE 4210-67-P
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