[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31620-31622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14289]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5997-N-16]


30-Day Notice of Proposed Information Collection: Affirmative 
Fair Housing Marketing Plan

AGENCY: Office of the Chief Information Officer, HUD.

ACTION: Notice.

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SUMMARY: This notice solicits public comment for a period of 30 days, 
consistent with the Paperwork Reduction Act of 1995 (PRA), on the 
Affirmative Fair Housing Marketing Plan (AFHMP) forms. On December 5, 
2016, HUD solicited public comment for a period of 60 days on the AFHMP 
forms. The 60-day notice commenced the notice and comment process 
required by the PRA in order to obtain approval from the Office of 
Management and Budget (OMB) for the information proposed to be 
collected by the AFHMP forms. This 30-day notice takes into 
consideration the public comment received in response to the 60-day 
notice, and completes the public comment process required by the PRA. 
With the issuance of this notice, and following consideration of 
additional public comments received in response to this notice, HUD is 
complying with the PRA renewal requirements, and the forms will undergo 
the public comment process every 3 years to retain OMB approval.

DATES: Comment Due Date: August 7, 2017.

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: HUD Desk Officer, Office of 
Management and Budget, New Executive Office Building, Washington, DC 
20503; fax: 202-395-5806. Email: OIRA Submission @omb.eop.gov.

FOR FURTHER INFORMATION CONTACT: [email protected] or telephone 202-
402-8046. This not a toll-free number. Person with hearing or speech 
impairments may access this number through TTY by calling the toll-free 
Federal Relay Service at (800) 877-8339.
    1. 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. Comments should follow the

[[Page 31621]]

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 QDAM at 202-402-3400 (this is not a toll free 
number). Individuals who are deaf or hard of hearing and individuals 
with 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.

SUPPLEMENTARY INFORMATION:

The 60-Day Notice for the AFHMP Forms

    On December 5, 2016, at 81 FR 87581, HUD published its 60-day 
notice, the first notice for public comment required by the PRA, to 
commence the process for renewal of the AFHMP Forms. The 60-day public 
comment period ended on February 3, 2017, and HUD received one public 
comment. The following section, Section A, responds to the issues 
raised by the public commenter, and Section B provides HUD's estimation 
of the burden hours associated with the AFHMP forms, and further 
solicits issues for public comment which are required to be solicited 
by the PRA.

Submission Requirements

    Under the AFHM Regulations (24 CFR part 200, subpart M), all 
applicants for participation in Federal Housing Administration (FHA) 
subsidized and unsubsidized housing programs that involve the 
development or rehabilitation of multifamily projects or manufactured 
home parks of five or more lots, units, or spaces must submit an AFHM 
Plan on a prescribed form. In addition, all applicants for 
participation in FHA subsidized and unsubsidized housing programs that 
involve the development or rehabilitation of single family housing or 
condominium or cooperative units that intend to sell five or more 
properties in the next year, or sold five or more properties in the 
past year, and where a lender is submitting initial applications for 
HUD mortgage insurance, must submit one of several agreements or 
statements, among which is an AFHM Plan on a prescribed form.

A. Public Comment on the AFHMP Forms and HUD's Responses

Comments
    The commenter stated that the single-family form 935.2B is 
ineffective because the form cannot be used for activities occurring 
outside of a fixed census tract. The commenter suggests that the form 
be revised to contemplate activities that offer tenants a choice in 
housing location such as Tenant Based Rental Assistance or down payment 
assistance. The commenter further stated that the AFHMP forms should 
include the 16 racial categories reported to HUD as required by the 
Housing and Economic Recovery Act of 2008.
    HUD response: HUD appreciates the commenter's views and input. HUD 
notes that the forms were not intended for use for tenant-based rental 
assistance and down payment assistance programs and declines to make 
revisions to allow for the use of the forms for such programs at this 
time. In regard to the commenter's concern that the form does not 
include all 16 racial categories that are reported to HUD under other 
programs, HUD notes that the form includes the five minimum racial 
categories required by OMB for the collection and presentation of 
federal data on race. The Department declines to add the additional 
racial categories at this time.

B. Overview of Information Collection

    Under the PRA, HUD is required to report the following:
    Title of Information Collection: Affirmative Fair Housing Marketing 
Plan.
    OMB Approval Number: 2529-0013.
    Type of Request: Reinstatement without change, of previously 
approved collection for which approval has expired.
    Form Number: HUD-935.2A, 935.2B, 935.2C.
    Description of the need for the information and proposed use: The 
Department of Housing and Urban Development (HUD) is requesting that 
the Office of Management and Budget (OMB) approve the extension of 
forms: HUD-935.2A Affirmative Fair Housing Marketing Plan--Multifamily 
Housing, HUD-935.2B Affirmative Fair Housing Marketing Plan--Single 
Family Housing, and HUD-935.2C Affirmative Fair Housing Marketing 
Plan--Condominiums or Cooperatives. These forms assist HUD in 
fulfilling its duty under the Fair Housing Act to administer its 
programs and activities relating to housing and urban development in a 
manner that affirmatively furthers fair housing, by promoting a 
condition in which individuals of similar income levels in the same 
housing market area have available to them a like range of housing 
choices, regardless of race, color, national origin, religion, sex, 
disability, or familial status. This collection also promotes 
compliance with Executive Order 11063, which requires Federal agencies 
to take all necessary and appropriate action to prevent discrimination 
in federally insured and subsidized housing. Under the AFHM Regulations 
(24 CFR part 200, subpart M), all applicants for participation in 
Federal Housing Administration (FHA) subsidized and unsubsidized 
housing programs that involve the development or rehabilitation of 
multifamily projects or manufactured home parks of five or more lots, 
units, or spaces must submit an AFHM Plan on a prescribed form. In 
addition, all applicants for participation in FHA subsidized and 
unsubsidized housing programs that involve the development or 
rehabilitation of single family housing or condominium or cooperative 
units that intend to sell five or more properties in the next year, or 
sold five or more properties in the past year, and where a lender is 
submitting initial applications for HUD mortgage insurance, must submit 
one of several agreements or statements, among which is an AFHM Plan on 
a prescribed form. If this information was not collected, it would 
prevent HUD from ensuring compliance with affirmative fair housing 
marketing requirements.
    Respondents: Applicants for FHA subsidized and unsubsidized housing 
programs.
    Estimated Number of Respondents: 8,080 (HUD 935.2A: On an annual 
basis, there are approximately 300 respondents that submit new plans, 
4,030 respondents that review their existing plans and submit updated 
plans, and 3,720 respondents that review their existing plans, but are 
not required to submit updated plans. HUD 935.2.B & C: On an annual 
basis, there are approximately 30 respondents that submit new plans.)
    Estimated Number of Responses: 8,080.
    Frequency of Response: 1 per annum.
    Average Hours per Response: The average hours per response is 3.16 
hours. (For the HUD-935.2A, the hours per response are: 6 hours (new 
plans), 4 hours (review and update plans), and 2 hours (review of 
existing plans only).

[[Page 31622]]

For the 935.2B & C, the hours per response is 6 hours).
    Total Estimated Burdens: 25,540 hours.

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                                  Number of     Frequency of     Responses     Burden hour per     Annual burden     Hourly cost per
     Information collection      respondents      response       per annum        response             hours             response         Annual cost
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HUD-935.2A (MFH)...............        8,050  1...............        8,050  New 6 x 300.......  New 1,800........  Respondents:       Respondents:
                                                                             Review Only 2 x     Reviews Only       $35/hour           New = ($35 x 4 x
                                                                              3,720.              7,440.             (professional      300) + ($16 x 2
                                                                                                                     work).             x 300) =
                                                                                                                                        $51,600.
                                                                             Review & Update 4   Review & Update    $16/hour           Reviews = ($35 x
                                                                              x 4,030.            16,120.            (clerical work).   2 x 3,720) =
                                                                                                                                        $260,400.
                                                                                                                    $1.25 per report   Updates = ($35 x
                                                                                                                     mailing.           2 x 4,030) +
                                                                                                                                        ($16 x 2 x
                                                                                                                                        $4,030) =
                                                                                                                                        $411,060.
                                                                                                                                       Mailing Costs =
                                                                                                                                        $1.25 x 4,330 =
                                                                                                                                        $5,412.50.
                                                                                                                                       Annual Cost =
                                                                                                                                        $51,600 +
                                                                                                                                        $260,400 +
                                                                                                                                        $411,060 +
                                                                                                                                        $5,412.50 =
                                                                                                                                        $728,472.50.
                                                                                                                    Government:        Government:
                                                                                                                    $38.56/hour \1\    New = ($38.56 x 3
                                                                                                                     (professional      x 300) + ($17.55
                                                                                                                     work)..            x 0.5 x 300) =
                                                                                                                                        $37,336.50.
                                                                                                                    $17.55/hour \2\    Reviews & Updates
                                                                                                                     (clerical work).   = ($38.56 x 3 x
                                                                                                                                        4,030) + ($17.55
                                                                                                                                        x 0.5 x $4,030)
                                                                                                                                        = $501,553.65.
                                                                                                                                       Annual Cost =
                                                                                                                                        $37,336.50 +
                                                                                                                                        $501,553.65 =
                                                                                                                                        $538,890.15.
HUD-935.2B (SFH) & C (Condos              30  1...............           30  6.................  180..............  Respondents:       Respondents:
 and Co-Ops).
                                                                                                                    $35/hour           ($35 x 4 x 30) +
                                                                                                                     (professional      ($16 x 2 x 30) =
                                                                                                                     work).             $5,160.
                                                                                                                    $16/hour           $1.25 x 30 =
                                                                                                                     (clerical work).   $37.50.
                                                                                                                    $1.25 per report   Annual Cost =
                                                                                                                     mailing.           $5,160 + $37.50
                                                                                                                                        = $5,197.50.
                                                                                                                    Government:        Government:
                                                                                                                    $38.56/hour        Annual Cost =
                                                                                                                     (professional      ($38.56 x 3 x
                                                                                                                     work).             30) + ($17.55 x
                                                                                                                                        0.5 x 30) =
                                                                                                                                        $3,733.65.
                                                                                                                    $17.55/hour
                                                                                                                     (clerical work).
                                ------------------------------------------------------------------------------------------------------------------------
    Total......................        8,080  1 each..........        8,080  Avg. of 3.16......  25,540...........  Avg. of $28.73...  Respondents:
                                                                                                                                        $733,670.
                                                                                                                    .................  Government:
                                                                                                                                        $542,623.80.
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    \1\ Rate for GS 12 Step 5 ($38.56/hour) based on the salary 
information available on OPM.gov.
    \2\ Rate for GS 5 step 5 ($17.55/hour) based on the salary 
information available on OPM.gov.
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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: July 3, 2017.
Inez C. Downs,
Department Reports Management Officer, Office of the Chief Information 
Officer.
[FR Doc. 2017-14289 Filed 7-6-17; 8:45 am]
BILLING CODE 4210-67-P