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60-Day Notice of Proposed Information Collection; Comprehensive Transactional Forms Supporting FHA's Section 242 Mortgage Insurance Program for Hospitals

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Start Preamble

AGENCY:

Office of the Assistant Secretary for Housing, HUD.

ACTION:

Notice.

SUMMARY:

Consistent with the Paperwork Reduction Act of 1995 (PRA), HUD is publishing for public comment a comprehensive set of transactional and closing documents used in connection with transactions involving hospitals that are insured pursuant to Section 242 of the National Housing Act (Section 242). The proposed information collection will replace the existing collection 2502-0602 and will be submitted to the Office of Management and Budget (OMB) for review, as required by the PRA. The Department is soliciting public comments on the subject proposal for 60 days. The documents that are the subject of this notice can be viewed on HUD's Web site: http://portal.hud.gov/​Start Printed Page 61226hudportal/​HUD?​src=​/​federal_​housing_​administration/​healthcare_​facilities/​section_​242/​additional_​resources/​242_​redlines_​0815.

DATES:

Comments Due Date: December 8, 2015.

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: Reports Liaison Officer, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, Room 9120 or the number for the Federal Information Relay Service (1-800-877-8339). Facsimile (fax) comments are not acceptable.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Program Contact: Paul Giaudrone, Underwriting Director, Office of Hospital Facilities, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, telephone (202) 708-0599 (this is not a toll free number) for copies of the proposed forms and other available information.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

The Department is submitting 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).

The revised hospital documents can be viewed at: http://portal.hud.gov/​hudportal/​HUD?​src=​/​federal_​housing_​administration/​healthcare_​facilities/​section_​242/​additional_​resources/​242_​redlines_​0815.

Where documents are based on existing Section 232 residential care facility or Multifamily program documents, the hospital documents, in addition to being presented in an unmarked format, are presented in redline/strikeout format so that the reviewer can see the changes proposed to make the documents applicable to Section 242 transactions. Where proposed documents are based on existing OHF forms, the proposed versions are also presented in both redline/strikeout and unmarked formats. Summaries of the major changes to some of the principal documents follow. Where capitalized terms are used, such terms refer to the titles of documents or defined terms in the documents.

Summary of Changes to Documents

Information collectionForm nameSummary of changes
HUD-91070-OHFConsolidated Certifications BorrowerNew form, no policy change. This is a new form that consolidates many certifications into one form (ex. prior versions of the HUD-41901, HUD-92010, Byrd Amendment certifications, etc. are now consolidated).
HUD-91071-OHFEscrow Agreement for Off-site FacilitiesNomenclature changes only. Minor updates to Multifamily 91071-M form to make this an OHF form.
HUD-91073-OHFHUD Survey Instructions and Surveyor's ReportNomenclature changes only. Minor updates to previous 91073-OHF version to remove multifamily terminology and replace with hospital terminology.
HUD-91111-OHFSurvey Instructions and Borrower's CertificationNew form based on 232 version. Reflects nomenclature changes for 242 hospitals, and removes exceptions that do not apply to hospitals.
HUD-91725-OHFOpinion by Counsel to the BorrowerNew form based on 232 version. Removes references to Operators and Public Entity Agreement which do not apply to 242, and includes survey requirements per 242 policy. Updates nomenclature and terminology throughout to be representative for 242 program and hospitals, instead of residential care facilities. Includes provisions if AR financing is involved.
HUD-92013-OHFApplication for Hospital Project Mortgage InsuranceMinor changes only. Minor updates and corrects burden hours from previous version.
HUD-92023-OHFRequest for Final Endorsement of Credit Instrument—Hospitals/Section 242New form based on 232 version. Nomenclature changes only to reflect 242 hospitals, and includes Construction Managers in addition to General Contractors.
HUD-92070-OHFLease AddendumNew form based on 232 version. Nomenclature changes and updates language from “Mortgagee/Mortgagor” to “Lender/Borrower.” Instructions added.
HUD-92080-OHFChange of Mortgage RecordNew form based on MF version. Minor nomenclature changes and language updates language from “Mortgagee/Mortgagor” to “Lender/Borrower.”
HUD-92117-OHFBorrower's Certification—Full or Partial Completion of Non-Critical RepairsNew form based on 232 version. Changed form name and terms within from “Non-Critical Repairs” to “Project” to cover 242 project work not just limited to repairs.
HUD-92205-OHFBorrower's Pre-Closing Certificate of Actual Cost (Section 242/223f)New form based on 232 version. Changed “repairs” to “limited rehabilitation” to cover 242/223f projects. Added “Pre-Closing” to the name to clarify the difference of this form from the 92330 certificate of actual cost.
HUD-92223-OHFSurplus Cash NoteNew form based on 232 version. Minor nomenclature changes to reflect 242 hospitals.
HUD-92322-OHFIntercreditor AgreementNew form based on 232 version. Changed residential care facility terms to reflect hospitals (“owner/operator” to “hospital”). Removed language and portions relevant to Owners/Operators and master tenancy/leases that do not apply to 242. Included provisions to cover additional facilities under one loan, as many 242 loans cover multiple buildings/facilities. Changed terminology from “impositions” to “mortgage costs”.
HUD-92330A-OHFContractor's Certificate of Actual Cost—Hospitals/Section 242Corrects existing form. Corrects previous 92330A-OHF form to reference 242 forms, handbook, and include construction managers.
HUD-92330-OHFBorrower's Certificate of Actual Cost—Hospitals/Section 242Corrects existing form. Corrects previous 92330-OHF form to reference 242 forms, handbook, and citations. Changes terminology from “Mortgagee/Mortgagor” to “Lender/Borrower.”
Start Printed Page 61227
HUD-92403A-OHFBorrower's And Architect's Certificate of Payment (01/1995)Corrects existing form. Corrects previous 92403-OHF form to reference correct 242 citations. Changes terminology from “Mortgagee/Mortgagor” to “Lender/Borrower.”
HUD-92403-OHFApplication for Insurance of Advance of Mortgage ProceedsCorrects existing form. Corrects previous 92403-OHF form to reference correct 242 forms. Changes terminology from “Mortgagee/Mortgagor” to “Lender/Borrower.”
HUD-92415-OHFRequest For Permission To Commence Construction Prior To Initial Endorsement For Mortgage Insurance—Hospitals/Section 242Corrects existing form. Corrects previous 92403-OHF form to reference correct 242 forms. Changes terminology from “Mortgagee/Mortgagor” to “Lender/Borrower.”
HUD-92422-OHFFinancial And Statistical Data For HUD ReportingCorrects existing form. Includes updated financial data and statistical fields requested for reporting.
HUD-92434-OHFLender's CertificateNew form based on 232 version. Changed terminology to reflect hospitals, removed Administrative Fees provisions, added disclosure of Ginnie Mae extension fee provision and deleted provision noting that borrower has collected amounts to cover extension fees, changed the time for submission of application for insurance of advances; various updates to conform to handbook provisions; added a provision on escrows and deleted unitary loan provision.
HUD-92441-OHFBuilding Loan AgreementNew form based on 232 version. Changed residential care facility terms to reflect hospitals and reference 242's related forms. Includes provisions for expenses involved in 242 transactions, off-site improvements, and 242 construction contracts.
HUD-92441A-OHFBuilding Loan Agreement (223f version)New form based on 92441-OHF. Modified agreement for 223f to tailor language for insurance upon completion and limited rehabilitation.
HUD-92442-OHFConstruction ContractNew form based on 232 version. Nomenclature changes to reflect 242 hospitals. Changed construction contract language to be consistent with 242 policies and procedures involving time of construction activities/requests, requisition and payment procedures, and assurance of completion. Removed identities of interest language that applies to 232 projects.
HUD-92448-OHFContractor's Requisition Project MortgagesNew form. Replaces existing 92448-OHF which is not the correct form that we use.
HUD-92452A-OHFPayment BondNew form based on 232 version. Minor nomenclature changes only.
HUD-92452-OHFPerformance BondNew form based on 232 version. Minor nomenclature changes only.
HUD-92455-OHFRequest for Endorsement of Credit Instrument & Certificate of Lender, Borrower & General ContractorNew form based on 232 version. Changed terminology to reflect hospitals. Revised language related to escrows to make them specific to hospital transactions and language relating to mortgage reserve funds. Updated content to reflect Section 242 Handbook guidance.
HUD-92456-OHFEscrow Agreement for Incomplete ConstructionNew form based on 232 version. Minor nomenclature changes only.
HUD-92464-OHFRequest for Approval of Advance of Escrow Funds—Hospitals/Section 242Corrects existing form. Replaces existing 92464-OHF and includes references for 242 construction and limited rehabilitation pursuant to 223(f) loans.
HUD-92466-OHFRegulatory Agreement—BorrowerNew form. This document was based on the Section 232 Regulatory Agreement, but was so substantially revised that a redline was not warranted. All terms were changed from “healthcare facility” to “hospital” and any 232 specific terms and provisions were removed. Provisions from the covenants which are attached to the current form of 242 regulatory agreement were inserted, as well as language consistent with the Security Instrument and current Housing policies. Industry is very familiar with these covenants so new policy concepts are not being introduced with the insertion of those provisions. Definitions were added as an exhibit C to the Agreement in order to make the document easier to read without having to page through numerous definitions. Significant terminology now used in the new 242 regulatory agreement is the concept of “Program Obligations” as used in Multifamily and 232; definition of “Revenue” to replace the definition of “Rent”; and the definition of “Waste”. Liabilities consistent with Multifamily and 232 policy were added to the Section 40 Addendum.
HUD-92476-OHFEscrow Agreement for Deferred WorkNew form. Escrow language modified to cover funds for deferred work.
HUD-92476A-OHFEscrow Agreement for Limited RehabilitationNew form. Escrow language modified to cover 223(f) loans.
HUD-92479-OHFOff-Site Bond—Dual ObligeeNew form based on 232 version. Minor nomenclature changes only.
HUD-9250-OHFFunds AuthorizationsNo policy change. Modified 232 version to reflect 242 nomenclature and terminology (ex. “Mortgage Reserve Fund” instead of “Reserve for Replacements Fund” and “Borrower” instead of “Owner/Operator”.
HUD-92554-OHFSupplementary Conditions of the Contract for Construction (06/2014)New form based on 232 version. Nomenclature changes and updated regulatory references to appropriate ones related to Section 242.
Start Printed Page 61228
HUD-92576-OHFCertificate for Need for Health Facility and Assurance of Enforcement of State StandardsNew form based on 232 version. Minor nomenclature changes and removed “skilled nursing facility” and “intermediate care facility” checkboxes.
HUD-92580-OHFMaximum Insurable MortgageCorrects existing form. Corrects previous version that had multifamily language and incorrect references, making it specific to 242 hospital program. Updates language from “Mortgagee/Mortgagor” to “Lender/Borrower”.
HUD-93305-OHFAgreement and CertificationNew form based on 232 version. Nomenclature changes to reflect 242 hospitals and update references of form names. Changed language to include Construction Managers and change “repairs” to “limited rehabilitation” per 242/223(f).
HUD-94000-OHFSecurity Instrument/Mortgage/Deed of TrustNew form based on 232 version. Changed all terms from “healthcare facility” to “hospital.” Removed all terms related to operator, master tenant, master leases, and any other 232 specific terms which are not applicable in 242 (example: Reserve for replacements and residual receipts). Also removed references to “residents” and “security deposits” and any other term that wouldn't be applicable to a 242 transaction. Completed removed a section on “single asset borrower” as in 242 the borrower does not have to be a single asset borrower and can own multiple assets and businesses.
HUD-94001-OHFHealthcare Facility NoteNew form based on 232 version. No changes aside from nomenclature and changing terms from “healthcare facility” to “hospital”.
HUD-94128-OHFEnvironmental Assessment and Compliance FindingsNo change. Just correcting form number from “4128-OHF” to “94128-OHF” and correcting estimated burden hours.

A. Paperwork Reduction Act

Under the PRA, an agency may not conduct or sponsor, and a person is not require to respond to, a collection of information unless the collection displays a valid control number. The public reporting burden for this revised collection of information is estimated to include the time for reviewing the instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Information on the estimated public reporting burden is provided in the following table:

Information collectionForm nameNumber of respondentsFrequency of responseResponse per annumAverage burden hour per responseAnnual burden hoursAverage hourly cost per responseAnnual cost
HUD-91070-OHFConsolidated Certifications Borrower15115115$220$3,300
HUD-91071-OHFEscrow Agreement for Off-site Facilities3260.53100300
HUD-91073-OHFHUD Survey Instructions and Surveyor's Report15115115751,125
HUD-91111-OHFSurvey Instructions and Borrower's Certification15115115751,125
HUD-91725-OHFOpinion by Counsel to the Borrower151152302206,600
HUD-92013-OHFApplication for Hospital Project Mortgage Insurance15115466469960755,247,000
HUD-92023-OHFRequest for Final Endorsement of Credit Instrument—Hospitals/Section 242151151.522.51002,250
HUD-92070-OHFLease Addendum101100.552201,100
HUD-92080-OHFChange of Mortgage Record101100.5575375
HUD-92117-OHFBorrower's Certification- Full or Partial Completion of Project55250.512.575938
HUD-92205-OHFBorrower's Pre-Closing Certificate of Actual Cost (Section 242/223f)5153.517.5751,313
HUD-92223-OHFSurplus Cash Note5150.52.5220550
HUD-92322-OHFIntercreditor Agreement8183.5281002,800
HUD-92330A-OHFContractor's Certificate of Actual Cost—Hospitals/Section 24215115230752,250
HUD-92330-OHFBorrower's Certificate of Actual Cost—Hospitals/Section 24215115115751,125
HUD-92403A-OHFBorrower's And Architect's Certificate of Payment (01/1995)151150.253.7575281
HUD-92403-OHFApplication for Insurance of Advance of Mortgage Proceeds712840.2521751,575
HUD-92415-OHFRequest For Permission To Commence Construction Prior To Initial Endorsement For Mortgage Insurance—Hospitals/Section 2425151575375
HUD-92422-OHFFinancial And Statistical Data For HUD Reporting9065404216075162,000
HUD-92434-OHFLender's Certificate15115812010012,000
HUD-92441-OHFBuilding Loan Agreement10110440753,000
Start Printed Page 61229
HUD-92441A-OHFBuilding Loan Agreement (223f version)515420751,500
HUD-92442-OHFConstruction Contract10110220751,500
HUD-92448-OHFContractor's Requisition Project Mortgages10110330752,250
HUD-92452A-OHFPayment Bond1011011075750
HUD-92452-OHFPerformance Bond1011011075750
HUD-92455-OHFRequest for Endorsement of Credit Instrument & Certificate of Lender, Borrower & General Contractor151151152203,300
HUD-92456-OHFEscrow Agreement for Incomplete Construction3260.5375225
HUD-92464-OHFRequest for Approval of Advance of Escrow Funds—Hospitals/Section 2425525250753,750
HUD-92466-OHFRegulatory Agreement—Borrower151151218022039,600
HUD-92476-OHFEscrow Agreement for Deferred Work2240.5275150
HUD-92476A-OHFEscrow Agreement for Limited Rehabilitation4280.5475300
HUD-92479-OHFOff-Site Bond—Dual Obligee52100.552201,100
HUD-9250-OHFFunds Authorizations151150.57.575563
HUD-92554-OHFSupplementary Conditions of the Contract for Construction151151152203,300
HUD-92576-OHFCertificate for Need for Health Facility and Assurance of Enforcement of State Standards121120.5675450
HUD-92580-OHFMaximum Insurable Mortgage1523061807513,500
HUD-93305-OHFAgreement and Certification151151.522.52204,950
HUD-94000-OHFSecurity Instrument/Mortgage/Deed of Trust151152302206,600
HUD-94001-OHFHealthcare Facility Note151151152203,300
HUD-94128-OHFEnvironmental Assessment and Compliance Findings12112896757,200
516711,11511673,2471165,546,419

This Notice also lists the following information:

Title of Information Collection: Comprehensive Transactional Forms Supporting FHA's Section 242 Mortgage Insurance Program for Hospitals.

OMB Control Number, if applicable: 2502-0602.

Type of Request: Revision of currently approved collection.

Form Number(s): HUD-91070-OHF, HUD-91071-OHF, HUD-91073-OHF, HUD-91111-OHF, HUD-91725-OHF, HUD-92013-OHF, HUD-92023-OHF, HUD-92070-OHF, HUD-92080-OHF, HUD-92117-OHF, HUD-92205-OHF, HUD-92223-OHF, HUD-92322-OHF, HUD-92330-OHF, HUD-92330A-OHF, HUD-92403-OHF, HUD-92403A-OHF, HUD-92415-OHF, HUD-92422-OHF, HUD-92434-OHF, HUD-92441-OHF, HUD-92441A-OHF, HUD-92442-OHF, HUD-92448-OHF, HUD-92452-OHF, HUD-92452A-OHF, HUD-92455-OHF, HUD-92456-OHF, HUD-92464-OHF, HUD-92466-OHF, HUD-92476-OHF, HUD-92476A-OHF, HUD-92479-OHF, HUD-9250-OHF, HUD-92554-OHF, HUD-92576-OHF, HUD-92580-OHF, HUD-93305-OHF, HUD-94000-OHF, HUD-94001-OHF, HUD-94128-OHF.

Description of the need for the information and proposed use: The included collection comprise the comprehensive documents necessary for the application, review, commitment, administration, technical oversight, audit and initial/final endorsement of Office of Hospital Facilities projects pursuant to FHA Programs 242, 241, 223(f), and 223(a)(7). The collection corrects, revises, updates, and supersedes the previous collection approved in February 2014.

Respondents (i.e. affected public): Borrowers, lenders, contractors, architects, and engineers that participate in the application, procedure, project administration and initial/final endorsement of FHA hospital mortgage insurance projects.

Estimated Number of Respondents: 516.

Estimated Number of Responses: 1,115.

Frequency of Response: 71.

Average Hours per Response: 116.

Total Estimated Burdens: 73,247.

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.

Start Authority

Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

End Authority Start Signature

Dated: October 5, 2015.

Janet M. Golrick,

Associate General Deputy Assistant Secretary for Housing-Associate Deputy Federal Housing Commissioner.

End Signature End Supplemental Information

[FR Doc. 2015-25823 Filed 10-8-15; 8:45 am]

BILLING CODE 4210-67-P