[Federal Register Volume 81, Number 183 (Wednesday, September 21, 2016)]
[Notices]
[Pages 64930-64932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22587]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5910-N-12]


60-Day Notice of Proposed Information Collection: Public Comment 
Request: Notice on Equal Access Regardless of Sexual Orientation, 
Gender Identity, or Marital Status for HUD's Community Planning and 
Development Programs

AGENCY: Office of Community Planning and Development, 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 (PRA), 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: November 21, 2016.

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

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

    No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
    Public Inspection of Public Comments. All properly submitted 
comments and communications submitted to HUD will be available for 
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the 
above address. Due to security measures at the HUD Headquarters 
building, an advance appointment to review the public comments must be 
scheduled by calling the Regulations Division at 202-708-3055 (this is 
not a toll-free number). Persons who are deaf or hard of hearing or 
have speech impairments may access this number via TTY by calling the 
toll-free Federal Relay Service at 800-877-8339. Copies of all comments 
submitted are available for inspection and downloading at 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Norm Suchar, Director, Office of 
Special Needs Assistance Programs, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 7th 
Street SW., Washington, DC 20410-7000; telephone number 202-708-4300 
(this is not a toll-free number). Persons who are deaf or hard of 
hearing or have speech impairments can access this number via TTY by 
calling the toll-free Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    As noted in the Summary, elsewhere in today's Federal Register, HUD 
is publishing its final rule entitled ``Equal Access in Accordance with 
an Individual's Gender Identity in Community Planning and Development 
Programs.'' Through this final rule, HUD ensures equal access to 
individuals in accordance with their gender identity in programs and 
shelter funded under programs administered by HUD's Office of Community 
Planning and Development (CPD). This rule builds upon HUD's February 
2012 final rule entitled ``Equal Access to Housing in HUD Programs 
Regardless of Sexual Orientation or Gender Identity'' (2012 Equal 
Access Rule), which aimed to ensure that HUD's housing programs would 
be open to all eligible individuals and families regardless of sexual 
orientation, gender identity, or marital status. The 2012 Equal Access 
Rule, however, did not address how transgender and gender non-
conforming individuals should be accommodated in temporary, emergency 
shelters and other buildings and facilities used for shelter that have 
physical limitations or configurations that require and that are 
permitted to have shared sleeping quarters or shared bathing 
facilities.\1\ This final rule published in today's Federal Register 
follows HUD's November 20, 2015 proposed rule, which addressed this 
issue after soliciting public comment. The final rule requires that 
recipients and subrecipients of CPD funding, as well as owners, 
operators, and managers of shelters, and other buildings and facilities 
and providers of services funded in whole or in part by any CPD program 
to grant equal access to such facilities, and other buildings and 
facilities, benefits, accommodations and services to individuals in 
accordance with the individual's gender identity, and in a manner that 
affords equal access to the individual's family.
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    \1\ Shared sleeping quarters and shared bathing facilities are 
those for simultaneous use by more than one person.
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    The notice set out in the appendix presents an additional measure 
by HUD to ensure that individuals seeking placement or accommodation in 
a shelter or other building or facility and housing funded under a 
program administered by CPD are aware of HUD's equal access policy, as 
established in HUD's 2012 Equal Access Rule, and elaborated upon in the 
final rule published in today's Federal Register. Through this PRA 
notice, HUD proposes to require owners and operators of CPD-funded 
shelters, housing, buildings and other facilities to post this notice 
on bulletin boards and in other public places where individuals staying 
in the shelter, building, housing or facility or seeking placement or 
accommodation in the shelter, building, housing, or facility would see 
this information. HUD strives to reduce burden by providing the content 
of the notice to be posted and estimates it will take about six minutes 
for owners and operators to print and post this notice. All existing 
and new owners would be required to post the notice only once,

[[Page 64931]]

and ensure that it remains visible to those accessing the shelter, 
housing, or facility.

II. Overview of Information Collection

    Title of Proposal: Notice on Equal Access Regardless of Sexual 
Orientation, Gender Identity, or Marital Status for HUD's Community 
Planning and Development Programs.
    OMB Control Number, if applicable: 2506-new.
    Description of the need for the information and proposed use: As 
noted above, the purpose of the notice set out in the appendix to this 
PRA notice is to ensure that individuals seeking placement or 
accommodation in a shelter, building, housing or facility funded under 
a program administered by CPD are aware of HUD's equal access 
requirements, as established in HUD's 2012 Equal Access Rule, and 
elaborated upon in the final rule published in today's Federal 
Register.
    Agency form numbers, if applicable: Not applicable.
    Members of affected public. Owners and operators of a shelter, 
building, housing or facility funded under programs administered by 
CPD.
    Estimation of the total numbers of hours needed to prepare the 
information collection including number of respondents, frequency of 
response, and hours of response: Please see table below.

                                                           Reporting and Recordkeeping Burden
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                                                             Response
         Information collection              Number of       frequency       Total **      Burden hours    Total annual     Hourly rate     Burden cost
                                           respondents *     (average)       responses     per response        hours            ***       per instrument
A                                                      B               C               D               E               F
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HOME Investment Partnerships program....          25,350               1          25,350             .10            2535           21.73         $55,085
Community Development Block Grant                   2430               1            2430             .10             243           21.73           5,280
 program (State and Entitlement)........
Housing Opportunities for Persons with               100               1             100             .10              10           21.73             217
 AIDS program...........................
Emergency Solutions Grants program &               6,750               1           6,750             .10             675           21.73          14,667
 Continuum of Care......................
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    Total...............................          34,630  ..............          34,630  ..............           3,463  ..............          75,249
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* No response is required--only the public posting of the notice within the facility.
** This is a one-time burden and does not need to be reposted annually, so long as the original posting remains intact.
*** Annualized Cost @$21.73/hr (Rate for a Social Worker in Individual Family and Services. http://www.bls.gov/oes/current/oes211029.html.

II. Solicitation of 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: September 14, 2016.
Harriet Tregoning,
Principal Deputy Assistant Secretary for Community Planning and 
Development.

Appendix

Notice on Equal Access Regardless of Sexual Orientation, Gender 
Identity, or Marital Status for HUD's Community Planning and 
Development Programs

    This [shelter/building/housing/facility] receives funding from 
the U.S. Department of Housing and Urban Department's (HUD) Office 
of Community Planning and Development (CPD) and MUST comply with the 
following REQUIREMENTS:
     Determine your eligibility for housing regardless of 
your sexual orientation, gender identity, or marital status, and 
must not discriminate against you because you do not conform to 
gender or sex stereotypes (i.e., because of your gender identity);
     Grant you equal access to CPD programs or facilities 
consistent with your gender identity, and provide your family with 
equal access;
     MUST NOT ask you to provide anatomical information or 
documentary (like your ID), physical, or medical evidence of your 
gender identity; and
     Take non-discriminatory steps when necessary and 
appropriate to address privacy concerns raised by any residents or 
occupants, including you.
    If you think this program has violated any of these 
requirements, including any denial of services or benefits, contact 
your local HUD office for assistance with alleged violations of HUD 
program regulations. Local offices can be found at: http://portal.hud.gov/hudportal/HUD?src=/program_offices/field_policy_mgt/localoffices
    If you believe you have experienced housing discrimination 
because of race, color, religion, national origin, disability, or 
sex, including discrimination because of gender identity, contact 1-
800-669-9777 or file a written complaint with HUD at: www.hud.gov 
``file a discrimination complaint''. Persons who are deaf, hard of 
hearing, or have speech impairments may file a complaint via TTY by 
calling the Federal Information Relay Service at (800) 877-8339.
    To better understand HUD's requirements, the following 
definitions apply:
     Sexual orientation means one's emotional or physical 
attraction to the same and/or opposite sex (e.g. homosexuality, 
heterosexuality, or bisexuality).
     Gender identity means the gender with which a person 
identifies, regardless of the sex assigned to that person at birth 
and regardless of the person's perceived gender identity.
     Perceived gender identity means the gender with which a 
person is perceived to

[[Page 64932]]

identify based on that person's appearance, behavior, expression, 
other gender related characteristics, or sex assigned to the 
individual at birth or identified in documents.

[FR Doc. 2016-22587 Filed 9-20-16; 8:45 am]
 BILLING CODE 4210-67-P