Icr 2502-0028

Paperwork Reduction Act Submission

Please read the instruction before completing this form. For additional forms or assistance in completing this forms, contact your agency’s Paperwork Reduction Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement, and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 Seventeenth St. NW, Washington, DC 20503.

1. Agency/Subagency Originating Request: U.S. Department of Housing and Urban Development Office of Multifamily Housing Programs, Office of Multifamily Development		2. OMB Control Number: a. 2502-0028	b.   None      
3. Type of information collection: (check one) New Collection Revision of a currently approved collection Extension of a currently approved collection Reinstatement, without change, of previously approved collection for which approval has expired Reinstatement, with change, of previously approved collection for which approval has expired Existing collection in use without an OMB control number For b-f, note item A2 of Supporting Statement instructions.	4. Type of review requested: (check one) Regular Emergency - Approval requested by       Delegated 5. Small entities: Will this information collection have a significant economic impact on a substantial number of small entities? Yes No 6. Requested expiration date: a. Three years from approval date b. Other (specify)      

7. Title:

Contractor’s Requisition - Project Mortgages

8. Agency form number(s): (if applicable)

HUD-92448

9. Keywords:

Housing, Mortgages, Projects, Contractor’s Requisition

10. Abstract:

Contractor’s submit a monthly application for distribution of insured mortgage proceeds for construction costs. Multifamily Hub Centers ensure that the work is actually completed satisfactorily. The prevailing wage certification ensures compliance with prevailing wage rate.

11. Affected public: (mark primary with “P” and all others that apply with “X”) a.   Individuals or households e.   Farms b. P Business or other for-profit f.   Federal Government c. X Not-for-profit institutions g. X State, Local or Tribal Government		12. Obligation to respond: (mark primary with “P” and all others that apply with “X”) a.   Voluntary b. P Required to obtain or retain benefits c.   Mandatory
13. Annual reporting and recordkeeping hour burden: a. Number of respondents 1,300 b. Total annual responses 15,600 Percentage of these responses collected electronically 0% c. Total annual hours requested 93,600 d. Current OMB inventory 93,600 e. Difference (+,-) 0 f. Explanation of difference: 1. Program change: 2. Adjustment:		14. Annual reporting and recordkeeping cost burden: (in thousands of dollars) Do not include costs based on the hours in item 13. a. Total annualized capital/startup costs b. Total annual costs (O&M) c. Total annualized cost requested d. Total annual cost requested e. Current OMB inventory f. Explanation of difference: 1. Program change: 2. Adjustment:
15. Purpose of Information collection: (mark primary with “P” and all others that apply with “X”) a. P Application for benefits e.   Program planning or management b.   Program evaluation f.   Research c.   General purpose statistics g.   Regulatory or compliance d.   Audit		16. Frequency of recordkeeping or reporting: (check all that apply) a. Recordkeeping b. Third party disclosure c. Reporting: 1. On occasion 2. Weekly 3. Monthly 4. Quarterly 5. Semi-annually 6. Annually 7. Biennially 8. Other (describe)      
17. Statistical methods: Does this information collection employ statistical methods? Yes No	18. Agency contact: (person who can best answer questions regarding the content of this submission) Name: Sylvia S. Chatman Phone: 202-402-2994

19. Certification for Paperwork Reduction Act Submissions

On behalf of the U.S. Department of Housing and Urban Development, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

Note: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320/8(b)(3) appears at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collections of information that the certification covers:

1. It is necessary for the proper performance of agency functions;

2. It avoids unnecessary duplication;

3. It reduces burden on small entities;

4. It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

5. Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

6. It indicates the retention periods for recordkeeping requirements;

7. It informs respondents of the information called for under 5 CFR 1320.8(b)(3):

1. Why the information is being collected;

2. Use of the information;

3. Burden estimate;

4. Nature of response (voluntary, required for a benefit, or mandatory);

5. Nature and extent of confidentiality; and

6. Need to display currently valid OMB control number;

8. It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to collected (see note in item 19 of the instructions);

9. It uses effective and efficient statistical survey methodology; and

10. It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in item 18 of the Supporting Statement.

Signature of Program Official: X Michael Winiarski, Director, Organizational Policy, Planning and Analysis Division, HROA

Date:

Supporting Statement for Paperwork Reduction Act Submissions

Contractor’s Requisition - Project Mortgages

OMB Control Number 2502-0028

(HUD-92448)

A. Justification

1. Section 207(b) of the National Housing Act (Public Law 479, 48 Stat. 1246, 12 U.S.C. 1701 et seq.) authorizes the Secretary of the Department of Housing and Urban Development (HUD) to insure mortgages (including advances on such mortgages during construction) for construction of rental housing projects. Section 212 of the National Housing Act prevents the Secretary of HUD from insuring a project unless the principal contractor files a prevailing wage certificate. The requirements are set forth in 24 CFR 200.33, Labor Standards, for the insurance of advances and certification of compliance with labor standards and prevailing wage requirements.

2. Form HUD-92448 is used by Contractors to obtain program benefits, consisting of distribution of insured mortgage proceeds when construction costs are involved. The information regarding completed work items is used by the Multifamily Hub Centers to ensure that payments from mortgage proceeds are made for work actually completed in a satisfactory manner. The work must be inspected and approved by a HUD Field Office inspector and an architect not employed by HUD. To ensure compliance with prevailing wage rates, the Field Office uses the certification on form HUD-92448 regarding prevailing wages. If the collection of information was not conducted, disbursement of mortgage proceeds and compliance with prevailing wage rates could not be monitored.

3. Use of improved information technology was considered and found not feasible. 29CFR3.3 requires the contractor to submit an executed document certifying adherence to requirements of the Davis Bacon and Related Acts (DBRA) and the Copeland "Anti-Kickback" Act with regard to wages paid to employees. The form is completed by the contractor and approved by the project architect and a HUD Field Office inspector and must be signed. We will require signed “ink” copies until an electronic signature capability is possible. The contractor submits the completed form to HUD for review and determination of acceptability/unacceptability.

4. There is no duplication of information. There are no other Federal agencies involved in the construction and rehabilitation of multifamily housing projects except the Department of Agriculture’s Farmers Home Administration. The Farmer’s Home Administration has no information collection that is readily adaptable to HUD’s mortgage proceeds distribution procedures.

5. The collection of information does not impact small businesses or other small entities.

6. This collection of information occurs as successive work items are completed at a construction site. If the information was collected less frequently, the general contractor might have to borrow funds to meet expenses, thus increasing project development costs, and increasing the possibility of default and risk to the mortgage insurance fund.

7. The special circumstance that requires the collection to be submitted monthly is needed in order for the information collection to be submitted and monitored in a timely manner. It is also needed to prevent waste, fraud, and mismanagement of the mortgage insurance funds. HUD 92448 is submitted to the mortgagee in duplicate; one original is for HUD, and one is for the mortgagee so he/she knows what amount to disburse. HUD requires original signatures due to the very large dollar amounts of multifamily loans and the risk they present to the mortgage insurance fund.

8. In accordance with 5 CFR 1320.8(d), the agency’s notice for public comments was announced in the Federal Register on November 26, 2008 (Vol. 73, No. 229, page 72069-70). No comments were received.

Comments from contractors, mortgagees, other program participants, and Departmental personnel confirm that the frequency of collection, clarity of instructions, and reporting format is fully acceptable in its present form.

9. No payments or gifts are provided to respondents.

10. There are no assurances of confidentiality provided to respondents.

11. The information collection does not contain information of a sensitive nature about sexual behavior or attitudes, religious beliefs, or private matters.

12. The burden estimate is based on the time required to gather the data, analyze information, read instructions, report the information, and maintain applicable records. The architect is not a HUD employee. Generally, the architect visits the site together with a HUD Field Office inspector, and then they both sign the form HUD-92448. The site visit and certification total about 4 hours of the 6 burden hours associated with form HUD-92448.

Information Collection	Number of Respondents	Frequency of Response	Responses Per Annum	Burden Hour Per Response	Annual Burden Hours	Hourly Cost Per Response	Annual Cost
HUD-92448	1,300	12	15,600	6	93,600	$50.00	$2,340,000

The hourly rate is based on an average of the estimated annual salaries of project owners and architects ($104,000 annually).

13. There are no additional costs to respondents.

14. Cost to the Federal Government is based on a burden of 2 hours per response and an hourly cost of $33.00, which includes overhead for an annual cost as follows:

Information Collection	Number of Responses	Frequency of Response	Responses Per Annum	Burden Hour Per Response	Annual Burden Hours	Hourly Cost Per Response	Annual Cost
HUD-92448	1,300	12	15,600	6	93,600	$33.00	$3,088,800

The hourly rate is based on the annual salary of a GS-12. 4 hours is allowed for the site visit, and 2 hours to review and analyze the form.

15. This is an extension of a currently approved collection.

16. The collection of information is not scheduled for publication.

17. HUD is not seeking approval to avoid displaying the expiration date.

18. There are no exceptions to the certification statement identified in Item 19 of the OMB 83-I.

B. Collection of Information Employing Statistical Methods.

The collection of information employing statistical methods does not apply.

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OMB 83-I 10/95