[Federal Register Volume 74, Number 245 (Wednesday, December 23, 2009)]
[Notices]
[Pages 68273-68275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30513]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5288-N-16]
Notice of Proposed Information Collection for Public Comment;
Section 901 Implementation
AGENCY: Office of the Assistant Secretary for Public and Indian Housing
(PIH), HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The proposed information collection requirements described
below will be submitted to the Office of Management and Budget (OMB)
for review, as required by the Paperwork Reduction Act. The Department
is soliciting public comments on the subject proposal.
DATES: Comments Due Date: February 22, 2010.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposal. Comments should refer to the proposal by name/or OMB
Control number and should be sent to: Lillian L. Deitzer, Departmental
Reports Management Officer, QDAM, Department of Housing and Urban
Development, 451 7th Street, SW., Room 4178, Washington, DC 20410-5000;
telephone 202.402.8048, (this is not a toll-free number) or e-mail Ms.
Deitzer at [email protected] for a copy of the proposed forms,
or other available information. Persons with hearing or speech
impairments may access this number through TTY by calling the toll-free
Federal Information Relay Service at (800) 877-8339. (Other than the
HUD USER information line and TTY numbers, telephone numbers are not
toll-free.)
FOR FURTHER INFORMATION CONTACT: Dacia Rogers, Office of Policy,
Programs and Legislative Initiatives, PIH, Department of Housing and
Urban Development, 451 7th Street, SW., Room 4116, Washington, DC
20410; telephone 202-708-0713, (this is not a toll-free number).
Persons with hearing or speech impairments may access this number
through TTY by calling the toll-free Federal Information Relay Service
at (800) 877-8339. (Other than the HUD USER information line and TTY
numbers, telephone numbers are not toll-free.)
[[Page 68274]]
SUPPLEMENTARY INFORMATION: The Department will submit the proposed
information collection to OMB for review, as required by the Paperwork
Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). Division B of
the Department of Defense Emergency Supplemental Appropriations to
address Hurricanes in the Gulf of Mexico and Pandemic Influenza Act,
2006 (Section 901 of Pub. L. 109-148, enacted on December 30, 2005),
authorized PHAs in federally declared disaster areas as a result of
Hurricanes Katrina and Rita to combine or use for other program
purposes Housing Choice Voucher (HCV) and public housing operating and
capital funds under sections 8(o) and 9(d) and (e) of the U.S. Housing
Act of 1937 (``the Act'') in order to aid families that were receiving
assistance under those programs before the hurricanes and were
displaced from their housing after the hurricanes.
HUD implemented Section 901 through publication in the Federal
Register on July 28, 2006, of FR-5067-N-01 (Volume 71, Page 42996)
entitled Implementation Guidance for Section 901 of the Emergency
Supplemental Appropriations to Address Hurricanes in the Gulf of
Mexico, and Pandemic Influenza Act, 2006 (``the Section 901
implementation guidance''). HUD subsequently published notice FR-5067-
N-04 on December 17, 2008 (Volume 73, page 76673) extending to the PHAs
most heavily affected by Hurricanes Katrina and Rita the flexibility to
combine funds through CY 2008 and 2009. Additionally, HUD published FR-
5067-N-02 on October 30, 2006, (Volume 71, Page 63340) to extend the
deadline for submitting fungibility plans to November 21, 2006, and
permit combined funds to be used for eligible purposes under the
Housing Choice Voucher program.
Section 4803 of the U.S. Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007 (Pub. L. No.
110-28 enacted May 25, 2007) extended authority for this flexibility to
CY 2006 and 2007.
Section 11003 of the Consolidated Security, Disaster Assistance,
and Continuing Appropriations Act, 2009 (Pub. L. 110-329) extended
authority for fungibility to CY 2008 and 2009. Division B of the
Department of Defense, Emergency Supplemental Appropriations to Address
Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Pub. L. 109-148; approved December 30, 2005), among other things,
makes emergency supplemental appropriations to address the hurricane
devastation in the Gulf of Mexico. Section 901 of this supplemental
appropriations act permits eligible PHAs to combine their Capital Funds
(section 9(d) of the United States Housing Act of 1937 (42 U.S.C. 1437
et seq.) (1937 Act)), Operating Funds (section 9(e) of the 1937 Act),
and Housing Choice Voucher Funds (section 8(o) of the 1937 Act) to
assist families who were displaced by Hurricane Katrina or Rita. HUD
has issued a Notice in the Federal Register providing guidance on how
eligible PHAs may implement this flexibility and how PHAs must report
the planned activities, accomplishments, and funds utilization from
using this flexibility.
This Notice is soliciting comments from members of the public and
affected agencies concerning the proposed collection of information to:
(1) Evaluate 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)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information; (3) enhance the quality, utility,
and clarity of the information to be collected; and (4) 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.
This Notice also lists the following information:
Title of Proposal: Public and Indian Housing, Section 901 Notice of
Intent and Fungibility Plan, Quarterly Reports, and Final Report;
OMB Control Number: 2577-0245.
Description of the need for the information and proposed use: The
Notice of Intent is necessary for HUD to be informed about which
eligible PHAs elect to invoke the funding flexibility authorized by
section 901 of the Emergency Supplemental Appropriations (Pub. L. 109-
148). The Fungibility Plan and Reports are necessary for HUD to know
how eligible PHAs plan to reallocate and spend these funds, the rate
such funds are obligated and expended, and the results in using this
funding flexibility. Fungibility Plans proposing to use Section 901
flexibility and funding to develop new housing units will be required
to include new development proposals following the format required by
24 CFR 941.606. Fungibility Plans proposing to use Section 901
flexibility to pay for public housing renovations will require
submission of Capital Fund Program Annual Statements identifying work
items and costs. These collections are approved under separate OMB
numbers. Under Section 901, funds from one program used for another
program's purposes must follow the rules of the program in which the
funds will be used.
Agency form numbers, if applicable: None.
Members of affected public: Eligible Public Housing Agencies in the
areas most heavily impacted by Hurricanes Katrina and Rita.
Estimation of the total number of hours needed to prepare the
information collection including number of respondents, frequency of
response, and hours of response:
Notification of Intent and Fungibility Plan. This is a one-time
submission estimated to take 40 hours for each of up to twelve eligible
PHAs that submitted plans from 2006 through 2009. The original burden
estimate for this information collection was 6,624 hours assuming all
ninety-six PHAs eligible for Section 901 flexibility would opt to use
it. A later burden estimate of 1,248 hours was submitted, when in 2006,
only eight out of ninety-six eligible PHAs submitted plans to use
Section 901 flexibility. In 2007, seven out of the eight 2006 PHAs and
one new PHA submitted plans to use Section 901 flexibility. In 2008,
seven out of the nine 2006 and 2007 PHAs and three new PHAs submitted
plans to use Section 901 flexibility. Ten or fewer respondents have
submitted plans to use Section 901 flexibility each year. One PHA
submitted a plan in 2009. A total of ten PHAs have been approved to use
and must report the results of Section 901 flexibility. A new estimate
of burden for Section 901 Notifications of Intent and Fungibility Plans
and subsequent periodic reporting is 1,680 hours based on requirements
for 10 PHAs to prepare and submit these documents.
Quarterly Progress Reports of Obligations and Expenditures for
Section 901 Designated Funds and Activities. In order to permit HUD to
adequately monitor PHA progress in carrying out Section 901 approved
activities and obligating and expending Section 901 approved funds in a
timely manner, PHAs will report the amount of Section 901 funds
obligated and expended for each approved activity for the quarterly
reporting period, and the outstanding balance of unexpended Section 901
funds. Response time per quarterly report, including the time to
research records containing documentation needed to prepare the
quarterly reports is estimated to average sixteen hours for each of the
PHAs with
[[Page 68275]]
approved Section 901 plans. Reports will be submitted by each PHA four
times per year for five consecutive years for each calendar year of
funding. Section 901 PHAs have five years to expend funds designated
for Section 901 flexibility for a given calendar year (2006, 2007,
2008, and/or 2009). Total annual reporting burden for ten PHAs to
submit quarterly reports of their progress in carrying out Section 901
approved activities and rates of obligations and expenditures for CY
2006, 2007, 2008, and 2009 funding is estimated at 640 hours.
Annual Report. Annual reports will address: (1) PHA progress and
results in carrying out Section 901 activities, (2) the amount of
program funds approved under Section 901 flexibility for other program
uses, (3) the amount of funds obligated during the year and
cumulatively for Section 901 approved activities, and (4) the amount of
funds expended annually and cumulatively for Section 901 approved
activities. These reports are expected to address progress-to-date
during the five-year expenditure period for initiating and getting
Section 901 activities under-way, and reporting on challenges or
unforeseen obstacles.
Final Report. This is a one-time submission estimated to take forty
hours for each of up to ten PHAs, including the Housing Authority of
New Orleans, for a total reporting burden of 400 hours. The final
report is expected to address all programmatic and financial matters
pertinent to Section 901 implementation, including the PHA's
performance in carrying out all approved Section 901 activities,
including but not limited to public housing redevelopment and capital
improvements, public housing mixed-finance development, affordable
housing development coupled with use of project-based vouchers,
homeownership development and incentives, property acquisitions, and
re-occupancy programs; in addition to accounting for the final
obligation and expenditure of Section 901 designated funds and
remaining balances.
Status of the proposed information collection: Extension of a
previously approved collection.
Authority: Section 3506 of the Paperwork Reduction Act of 1995,
44 U.S.C. Chapter 35, as amended.
Dated: December 17, 2009.
Merrie Nichols-Dixon,
Deputy Director for Policy, Programs, and Legislative Initiatives.
[FR Doc. E9-30513 Filed 12-22-09; 8:45 am]
BILLING CODE 4210-67-P