30 Day FR

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Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Notices

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7011–N–31]

30-Day Notice of Proposed Information
Collection: Pay for Success Pilot
Applicant Requirements
Office of the Chief Information
Officer, HUD.
ACTION: Notice.
AGENCY:

HUD has submitted the
proposed information collection
requirement described below to the
Office of Management and Budget
(OMB) for review, in accordance with
the Paperwork Reduction Act. The
purpose of this notice is to allow for an
additional 30 days of public comment.
DATES: Comments Due Date: September
9, 2019.
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:
[email protected].
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Washington, DC 20410; email
Colette Pollard at Colette.Pollard@
hud.gov or telephone 202–402–3400.
Persons with hearing or speech
impairments may access this number
through TTY by calling the toll-free
Federal Relay Service at (800) 877–8339.
This is not a toll-free number. Copies of
available documents submitted to OMB
may be obtained from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD has
submitted to OMB a request for
approval of the information collection
described in Section A. The Federal
Register notice that solicited public
comment on the information collection
for a period of 60 days was published
on May 8, 2018 at 84 FR 20157.
SUMMARY:

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A. Overview of Information Collection
Title of Information Collection: Pay
for Success Pilot Application
Requirements.
OMB Approval Number: 2502–0613.
Type of Request: This is a revision of
a currently approve collection.
Form Number: HUD–2530, SF 424
family of forms, HUD–2880, HUD–424–
CBW, HUD- 9250, Certification of
Owner Eligibility, Cooperative
Agreement, Site-Specific Environmental

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Review (Part 1 of 2), and Office of
Multifamily Housing Pay for Success
Program Narrative Template.
• Form HUD–2530, Previous
Participation Certification, is completed
by the Intermediary. The Intermediary
submits the form to HUD via grants.gov
as part of the application package for the
PFS pilot. The type of information
collected includes the Intermediary’s
(principals) Name, Address, Social
Number/IRS Employee Number,
Signature, etc. The form is required to
provide HUD with a certified report of
all previous participation in HUD
multifamily housing projects by those
parties making application and is used
by HUD to determine eligibility to
participate in Multifamily programs.
• ***SF–424 family of forms (SF–
424A–D, as applicable), Application for
Federal Assistance and Assurances, is
completed by the Intermediary. The
Intermediary submits this family of
forms to HUD via grants.gov as part of
the application for the PFS pilot. The
type of information collected includes
the Intermediary’s Name, EIN/TIN,
Address, Email address, etc. This family
of forms is required for use as a cover
sheet for submission of preapplications
and applications and related
information under discretionary
programs. Applicants are required to
submit this family of forms to HUD as
part of the application package for the
PFS pilot.
• Form HUD–2880, Applicant/
Recipient Disclosure/Update Report, is
completed by the Intermediary. The
Intermediary submits the from to HUD
via the grants.gov as part of the
application package for the PFS pilot.
The type of information collected
includes the Intermediary’s Name,
address, phone number, social security
number and EIN, etc. The Intermediary
is required to submit this form in order
to provide accountability and integrity
in the provision of assistance that is
administered by HUD.
• Form HUD 424–CBW (excel
spreadsheet), Detailed Budget
Worksheet, is completed by the
Intermediary. The Intermediary submits
this form to HUD via email or US mail
for approval. The type of information
collected includes a detailed description
of budget as it pertains to each
participating property. The Intermediary
submits this form to HUD in program
phases for completion of the retrofits in
all participating properties in the PFS
program.
• Form HUD–9250, Funds
Authorization, is completed by the
Owner. The Owner submits this form by
email or by US mail to HUD for
approval. The type of information

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collected includes Owner’s name,
address, mortgagee, etc. Owners are
required to submit this form to HUD to
request withdrawal from the Reserve for
Replacements or Residual Receipts
Funds.
• Certification of Owner Eligibility,
Owner must complete this form to be
eligible to participate in the Pay for
Success pilot. Owner submits
certification to HUD for approval via
email or by US mail. The type of
information collected includes Owner’s
name, iREMS number, address,
signature, etc. Owners must provide a
certification to HUD that they and the
property meet HUD eligibility
requirements in order to be able to
participate in the Pilot.
• Cooperative Agreement is
administered by HUD’s Office of
Multifamily Housing Programs, which
will have oversight of the
Intermediaries, ensuring compliance
with all included provisions and
authorizing payments when and if
required conditions are met. The type of
information collected includes Date
agreement was entered with
Intermediary, total of units HUD
awarded intermediary, signature and
HUD official. The form is submitted to
HUD/Intermediary via email or by US
mail.
• Site-Specific Environment Review
(Part 1 of 2), this form should be used
only to initiate site-specific reviews for
individual HUD-assisted properties
undertaking energy and water
conservation retrofits under the
Multifamily Energy and Water
Conservation Pay for Success Pilot.
Intermediary completes the form and
any relevant documents for each site
identified to participate in the PFS Pilot
and submits it to HUD to upload in the
HUD Environmental Review Online
System (HEROS).
• Office of Multifamily Housing Pay
for Success Program Narrative Template
is completed by the Intermediary and is
submitted to HUD via grants.gov. The
type of information collected includes
the Intermediary’s name, EIN,
organization name, etc. The narrative
template is provided to Applicants
under the Pay for Success Pilot program
and will be evaluated by HUD.
Description of the need for the
information and proposed use: Title
LXXXI of the Fixing America’s Surface
Transportation Act (Pub. L. 114–94)
authorizes the Department of Housing
and Urban Development (HUD) to
establish a demonstration program
under which the Secretary may execute
budget-neutral, performance-based
agreements in fiscal years 2016 through
2019 that result in a reduction in energy

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Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Notices
or water costs. The legislation
authorizes HUD to implement this pilot
in up to 20,000 units of multifamily
buildings participating in the projectbased rental assistance (PBRA) program
under section 8 of the United States
Housing Act of 1937; supportive
housing for the elderly program
operating under section 202 of the
Housing Act of 1959; and supportive
housing for persons with disabilities
under section 811(d)(2) of the CranstonGonzalez National Affordable Housing
Act. The Statute authorizes HUD to
execute performance-based agreements
in fiscal years 2016 through 2019
covering up to 20,000 units in eligible
properties. HUD is responsible for
submitting annual program evaluation
reports to Congress for the duration of
the Pilot.
HUD is authorized under this
legislation to establish a competitive
process for selecting one or more
qualified applicants to serve as
Intermediaries who will, per agreements
with HUD, be responsible for initiating
and managing an energy and water
conservation retrofit program at eligible
properties. For the purpose of this
program, applicants are defined as
entities applying to participate. The
documents that are the subject of this
notice are those used by applicants
applying to participate in this program.
This information will allow applicants
to submit their proposal and for the
government to evaluate this
information.
I. ***Application. The applicants
responding to the NOFA will need to
submit the before the prescribed
deadline all standard forms including
Previous Participation Certification
(Form 2530), SF–424 family of forms,
and Form HUD–2880; responses to the
NOFA’s rating factors describing the
applicant’s qualifications and proposed
approach to all aspects of program
implementation; and an Executive
Summary of no more than four pages.
II. Project Initiation. Once selected,
Intermediaries will enter into a
Cooperative Agreement with HUD for
each property they will be retrofitting
under the program which will provide
for performance-based payments by
HUD based on the savings realized by
HUD after the retrofit has been
completed. Intermediaries will also be
required to submit a copy of an
executed PFS Contracts with each
property owner that will be attached to
the Cooperative and serve to identify the
specific units being affected by the
retrofit. Within 30 days of entering into
each Cooperative Agreement, an
Intermediary will submit to HUD a
Work Plan consisting of a description of

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all documentary deliverables and due
dates related to that Agreement and a
proposed approach to periodic
consultation with HUD for the purposes
of oversight. The Intermediary will also
submit a request for approval for the
Independent Evaluator that will be
validating key information submitted to
HUD by the Intermediary over the
course of the Cooperative Agreement.
Each participating property owner will
submit to HUD a Certification of
Eligibility and a written agreement to
replace equipment installed under the
PFS Pilot only with equipment of like
or better efficiency.
III. Retrofit implementation. Before a
retrofit is implemented, the
Intermediary will to develop and submit
(with support from the property owner)
a Site-specific Environmental Review
form with the following information:
High-level description of the project’s
scope of work; whether the property lies
within a Coastal Barrier Resource unit;
whether the property lies within a
floodplain and proof of any required
flood insurance policies; whether the
project will destroy or modify a
wetland; previous uses of the site and
other evidence of contamination on or
near the site; and whether any historic
preservation policies apply to the site or
the building(s). Intermediaries intending
to use property-level reserve funds to
pay for no more than half of the hard
costs associated with the retrofit must
submit a Scope of Work for the retrofit
and a Reserve Analysis demonstrating
that the retrofit will leave the property
in as good or better financial shape as
it would otherwise have been. The
property owner must submit a Funds
Authorization Form (HUD–9250) to
request HUD’s approval to use funds for
this purpose.
IV. Retrofit completion. When the
retrofit is completed, the Intermediary
will submit a Certification of Retrofit
Completion with the following
information: A list of installed measures
with cost information; weather- and
occupancy-normalized pre-retrofit
consumption baselines for each affected
tenant- and owner-paid utility, and all
component data used to calculate those
baselines, including utility
consumption, rates, utility allowances,
and climatic and occupancy data, and
the calculation methodology used;
weather- and occupancy-normalized
post-retrofit consumption projections
for each affected tenant- and owner-paid
utility, and all component data used to
calculate those baselines, including
utility consumption, rates, utility
allowances, and climatic and occupancy
data, and the calculation methodology
used; recalculated pre-retrofit baseline

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utility allowances and post-retrofit
utility allowances for each unit size/
type; recalculated pre-retrofit baseline
owner rental subsidy and post-retrofit
owner renter for each unit size/type;
and post-retrofit per-unit annual savings
to HUD relative to pre-retrofit baseline.
V. Performance payments.
Intermediaries will submit Invoices for
Performance Payments concurrent with
each property’s annual rent adjustment
cycle for the remainder of the period of
performance of the Cooperative
Agreement pertaining to that property.
Invoices will include thorough
documentation of all calculations
contributing to the calculation of the
amount being invoiced (as provided in
the work plan) as well as a written
certification by the Independent
Evaluator that the performance payment
has been calculated according to the
methodology contained in the
Cooperative Agreement; no adverse
changes to the qualifications of the
Independent Evaluator have occurred
since the last submission from the
Independent Evaluator; and no conflict
of interest or apparent conflict of
interest exists with the Intermediary or
with respect to any property or Owner
which would preclude the Independent
Evaluator from performing its
obligations in a truly independent
manner. In the event of a change in the
physical structure of a property during
the period of performance which
materially impacts utility usage, the
Owner and the Intermediary will
mutually agree upon an equitable
modification of the pre-retrofit baseline
for Owner-paid utility and/or of the preretrofit baseline of tenant utility
allowances to reflect the impact of the
change on utility usage and notify HUD
of the change. In the event that the
Intermediary wishes to assign
performance payments to a third party,
the Intermediary must submit to HUD a
written request for approval.
VI. Other program administration
requirements. Beginning with the
execution of their first cooperative
agreement with HUD, Intermediaries
will submit quarterly reports regarding
the status of all properties for which
work under the PFS Pilot is unfinished,
including the work that has been
completed, the work that remains the
anticipated projected completion date. If
at any point it becomes necessary to
replace a partner entity performing one
or more core functions program
administration functions (project
management, capital sources, oversight
of SOW development and retrofit
implementation, and/or invoicing
HUD), the Intermediary must collect
and submit evidence from the proposed

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Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Notices

replacement partner entity similar to the
qualifications detailed for the original
partner entity in the Intermediary’s
initial application. As this is pilot
program and HUD is responsible for
submitting annual program evaluation
reports to Congress, Intermediaries may
be required to work with a program
evaluation team and provide relevant
information, possibly including (but not
limited to) information pertaining to
retrofit implementation, program
administration, post-retrofit behavioral
interventions, and certain fees.
Intermediaries may be asked to clarify
or provide additional context for
previously submitted information,
including additional details on their
sources and uses of funds.
Respondents: Entities applying to be
Intermediaries under this program,
selected Intermediaries.
Estimated Number of Respondents:
15.
Estimated Number of Responses:
1,000.
Frequency of Response: 66.67.
Average Hours per Response: 4.40.
Total Estimated Burdens: 4,401.
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.

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C. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C.
Chapter 35.
Dated: July 29, 2019.
Colette Pollard,
Department Reports Management Officer,
Office of the Chief Information Officer.
[FR Doc. 2019–17095 Filed 8–8–19; 8:45 am]
BILLING CODE 4210–67–P

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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–HQ–ES–2018–N146; FF09E41000 190
FXES111609C0000; OMB Control Number
1018–New]

Agency Information Collection
Activities; Policy Regarding Voluntary
Prelisting Conservation Actions
Fish and Wildlife Service,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, we,
the U.S. Fish and Wildlife Service
(Service, we), are proposing a new
information collection in use without an
OMB Control Number.
DATES: Interested persons are invited to
submit comments on or before October
8, 2019.
ADDRESSES: Send your comments on the
information collection request (ICR) by
mail to the Service Information
Collection Clearance Officer, U.S. Fish
and Wildlife Service, MS: BPHC, 5275
Leesburg Pike, Falls Church, VA 22041–
3803 (mail); or by email to Info_Coll@
fws.gov. Please reference OMB Control
Number 1018–VPCA in the subject line
of your comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Madonna L. Baucum,
Service Information Collection
Clearance Officer, by email at Info_
[email protected], or by telephone at (703)
358–2503.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995, we provide the
general public and other Federal
agencies with an opportunity to
comment on new, proposed, revised,
and continuing collections of
information. This helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand our information
collection requirements and provide the
requested data in the desired format.
We are soliciting comments on the
proposed ICR that is described below.
We are especially interested in public
comment addressing the following
issues: (1) Is the collection necessary to
the proper functions of the Service; (2)
will this information be processed and
used in a timely manner; (3) is the
estimate of burden accurate; (4) how
might the Service enhance the quality,
utility, and clarity of the information to
be collected; and (5) how might the
SUMMARY:

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Service minimize the burden of this
collection on the respondents, including
through the use of information
technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Abstract: The Service is charged with
implementing the Endangered Species
Act of 1973, as amended (Act; 16 U.S.C.
1531 et seq.). The goal of the Act is to
provide a means to conserve the
ecosystems upon which listed species
depend and a program for listed species
conservation. Through our Candidate
Conservation program, we encourage
the public to take conservation actions
for species prior to them being listed
under the Act. Doing so may result in
precluding the need to list a species,
may result in listing a species as
threatened instead of endangered, or, if
a species becomes listed, may provide
the basis for its recovery and eventual
removal from the protections of the Act.
This policy gives landowners,
government agencies, and others
incentives to carry out voluntary
conservation actions for unlisted
species. It allows the use of any benefits
to the species from voluntary
conservation actions undertaken prior to
listing under the Act—by the person
who undertook such actions or by third
parties—to mitigate or offset the
detrimental effects of other actions
undertaken after listing. The policy
requires participating States to track the
voluntary conservation actions and
provide this information to us on an
annual basis. We require this
information in order to provide the
entities that have taken the conservation
actions with proper credit that can later
be used to mitigate for any detrimental
actions they take after the species is
listed.
We plan to collect the following
information:
• Description of the prelisting
conservation action being taken.
• Location of the action (does not
include a specific address).

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