30-day FRN - 2900-0661 - State Veterans Homes Construction Grant Program - pub 10312023

Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices

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developer. This is important to clarify
because, in some cases, the Special
Purpose Entity may not be able to satisfy
the statutory requirements for transfer to
a third-party entity, such as
demonstrating a ‘‘satisfactory history of
constructing or operating an affordable
housing development;’’ this is because a
new Special Purpose Entity is created
for each project and would not have a
history of past projects.
FTA Response:
i. FTA recognizes that this is a
common concern among transit agencies
and stakeholders interested in utilizing
this provision. FTA further notes that
Special Purpose Entities receiving
LIHTC’s may take many different forms.
In interpreting Special Purpose Entities
formed for the purpose of utilizing
LIHTCs under this provision, FTA will
look to which party (i.e., public or
nonprofit vs. for-profit entity) has
control over the project. Ownership may
be transferred to a for-profit entity to
facilitate the use of tax credits for the
project only if the public or nonprofit
entity demonstrates in its application
that it retains control over the property
(i.e., still considered ‘‘owned’’ for
purposes of this provision). Sufficient
control may be satisfied by any of the
following: (1) a fee simple interest in the
Project property, (2) owns 51 percent or
more of the general partner interests in
a limited partnership or 51 percent or
more of the managing member interests
in a limited liability company with all
powers of the general partner or
managing member, (3) owns a lesser
percentage of the general partner or
managing member interests and holds
control rights, or (4) owns 51 percent or
more of all ownership interests in a
limited partnership or limited liability
company and holds certain control
rights.
‘‘Control rights,’’ as referenced above,
include control over leasing of the
project (e.g., exclusively maintaining
and administering the waiting list,
performing eligibility determinations)
and consent rights over certain areas,
such as changing the number of
affordable housing units, setting utility
allowances, selecting the management
agent, or setting the operating budget.
FTA will treat a Special Purpose Entity
as a nonprofit entity under this asset
disposition provision if they meet the
above requirements.
III. Interim Guidance
FTA has reviewed and deliberated
over the public comments received for
the Proposed Asset Disposition
Guidance. All feedback was appreciated
and informative for further shaping this
guidance. FTA makes made the

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following amendments in the Interim
Asset Disposition Guidance:
The Interim Asset Disposition
Guidance is amended to provide a
response to comments requesting that
Special Purpose Entities using Low
Income Housing Tax Credits (LIHTC)
are treated as a nonprofit entity under
this provision. FTA will allow Special
Purpose Entities using LIHTCs to be
treated as nonprofits if the nonprofit
entity retains control over the project, as
detailed above.
Additionally, FTA amends the
guidance to provide additional clarity
on the area median income (AMI)
percentage requirements. Some
commenters voiced confusion over the
statutory requirements that 40 percent
of the housing units offered must be
legally binding affordability restricted to
tenants and owners at or below 60
percent AMI, which shall include at
least 20 percent offered to tenants and
owners at or below 30 percent AMI.
FTA will clarify that this is 20 percent
out of the 40 percent, not 20 percent out
of the totality of the project.
On the eligibility requirements to use
this provision, FTA amends the
guidance to clarify that this provision
applies to assets that have been acquired
or improved with FTA assistance,
including FTA-administered Federal
funds that have been flexed over from
other Operating Administrations, such
as Federal Highway Administration
(FHWA). However, this provision does
not apply to assets acquired or
improved with FTA-administered
RAISE grants, as discussed above.
FTA amends the guidance to provide
additional clarifying language on the
options available for compliance
monitoring during the 30-year term, to
include third party oversight.
Nuria I. Fernandez,
Administrator.
[FR Doc. 2023–23946 Filed 10–30–23; 8:45 am]
BILLING CODE 4910–57–P

DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0661]

Agency Information Collection Activity
Under OMB Review: State Veterans
Homes Construction & Acquisition
Grant Program (SVHCGP)
Veterans Health
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:

In compliance with the
Paperwork Reduction Act (PRA) of

SUMMARY:

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1995, this notice announces that the
Veterans Health Administration,
Department of Veterans Affairs, will
submit the collection of information
abstracted below to the Office of
Management and Budget (OMB) for
review and comment. The PRA
submission describes the nature of the
information collection and its expected
cost and burden and it includes the
actual data collection instrument.
DATES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. Refer to ‘‘OMB Control
No. 2900–0661.’’
FOR FURTHER INFORMATION CONTACT:
Maribel Aponte, Office of Enterprise
and Integration, Data Governance
Analytics (008), 810 Vermont Avenue
NW, Washington, DC 20420, (202) 266–
4688 or email [email protected].
Please refer to ‘‘OMB Control No. 2900–
0661’’ in any correspondence.
SUPPLEMENTARY INFORMATION:
Authority: 44 U.S.C. 3501–3521.
Title: State Veterans Homes
Construction & Acquisition Grant
Program (SVHCGP), VA Forms 10–
0388–1, 10–0388–2, 10–0388–3, 10–
0388–4, 10–0388–5, 10–0388–6, 10–
0388–7, 10–0388–8, 10–0388–9, 10–
0388–10, 10–0388–12, 10–0388–13.
OMB Control Number: 2900–0661.
Type of Review: Reinstatement of a
previously approved collection.
Abstract: 38 U.S.C. 8133(a) and
8135(a) authorize and appropriate
expenditure of funds for State Home
Domiciliary, Nursing Home, and
Hospital Care. These portions of the
U.S.C. require, among other things, that
the State applicant provide the
Department of Veterans Affairs (VA)
with an application. Only State
governments and recognized federal
tribes (their governments) will submit
the information to complete an
application for the State Veterans
Homes Construction Grant Program
(SVHCGP); private groups or citizens are
not eligible. Applicants will complete
VA Forms 10–0388–1, 10–0388–2, 10–
0388–3, 10–0388–4, 10–0388–5, 10–
0388–6, 10–0388–7, 10–0388–8, 10–
0388–9, 10–0388–10, 10–0388–12, and
10–0388–13 to apply for the SVHCGP
and to certify compliance with VA
requirements. VA uses this information,
along with other documents submitted
to evaluate the feasibility of the projects

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Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices

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for VA participation, to determine
eligibility for a grant awards.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The Federal Register
Notice with a 60-day comment period
soliciting comments on this collection

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of information was published at 88 FR
39 on February 28, 2023, page 12721.
Affected Public: State, local, or Tribal
governments.
Estimated Annual Burden: 1,200
hours.
Estimated Average Burden per
Respondent: 24 hours.
Frequency of Response: On occasion.

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Estimated Number of Respondents:
50.
By direction of the Secretary.
Maribel Aponte,
VA PRA Clearance Officer, Office of
Enterprise and Integration, Data Governance
Analytics, Department of Veterans Affairs.
[FR Doc. 2023–23928 Filed 10–30–23; 8:45 am]
BILLING CODE 8320–01–P

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