2577-0075 Public Housing Inventory Removals Application, 30-day FRN

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Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Notices

Contributions Contracts, notices of
funding availability under which the
PHA has received funds, and the
applicable requirements listed in the
MTW Operations Notice (collectively,
‘‘the Requirements’’), as they may be
amended or implemented in the future.
Accordingly, if any Requirement, other
than the provisions of the Act and its
implementing regulatory requirements
or subregulatory guidance exempted
pursuant to this MTW ACC Amendment
and the MTW Operations Notice,
conflicts with any exemption or
authorization granted by this MTW ACC
Amendment, the MTW Agency remains
subject to that Requirement.
Section 6. At least one year prior to
expiration of this MTW ACC
Amendment,1 the PHA shall submit a
transition plan to HUD. It is the PHA’s
responsibility to be able to end all MTW
activities that it has implemented
through its MTW Supplement to the
PHA Plan upon expiration of this MTW
ACC Amendment. The transition plan
shall describe plans for phasing out
such activities. The plan may also
include any proposals of authorizations/
features of the ACC Amendment and the
MTW Operations Notice that the PHA
wishes to continue beyond the
expiration of the MTW ACC
Amendment. The PHA shall specify the
proposed duration and shall provide
justification for extension of such
authorization/features. HUD will review
and respond to timely-submitted
transition plans from the PHA in writing
within 75-days or they are deemed
approved. Only authorizations/features
specifically approved for extension shall
continue beyond the term of the MTW
ACC Amendment. The extended
features shall remain in effect only for
the duration and in the manner
specified in the approved transition
plan and be subject to any necessary
ACC Amendments as required by HUD.
Section 7. Termination and Default.
(A) If the PHA violates or fails to
comply with any requirement or
provision of the ACC, including this
amendment, HUD is authorized to take
any corrective or remedial action
described in this Section 7 for PHA
default or any other right or remedy
existing under applicable law, or
available at equity. HUD will give the
PHA written notice of any default,
which shall identify with specificity the
measures, which the PHA must take to
cure the default and provide a specific
time frame for the PHA to cure the
1 Should the PHA receive an extension(s) of its
MTW participation (e.g. by extension or
replacement of its MTW ACC Amendment) the
transition plan will be due one year prior to the end
of the extension(s).

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default, taking into consideration the
nature of the default. The PHA will have
the opportunity to cure such default
within the specified period after the
date of said notice, or to demonstrate
within 10 days after the date of said
notice, by submitting substantial
evidence satisfactory to HUD, that it is
not in default. However, in cases
involving clear and apparent fraud,
serious criminal behavior, or emergency
conditions that pose an imminent threat
to life, health, or safety, if HUD, in its
sole discretion, determines that
immediate action is necessary it may
institute the remedies under Section
7(B) of this MTW ACC Amendment
without giving the PHA the opportunity
to cure.
(B) If the PHA is in default of this
MTW ACC Amendment and/or the
MTW Operations Notice and the default
has not been cured, HUD may,
undertake any one or all remedies
available by law, including but not
limited to the following:
i. Require additional reporting by the
PHA on the deficient areas and the steps
being taken to address the deficiencies;
ii. Require the PHA to prepare and
follow a HUD-approved schedule of
actions and/or a management plan for
properly completing the activities
approved under this MTW ACC
Amendment;
iii. Suspend the MTW waiver
authorization for the affected activities;
iv. Require reimbursement by the
PHA to HUD for amounts used in
violation of this MTW ACC
Amendment;
v. Terminate this MTW ACC
Amendment and require the PHA to
transition out of MTW;
vi. Restrict a PHA’s ability to use its
MTW funding flexibly; and/or
vii. Take any other corrective or
remedial action legally available.
(C) The PHA may choose to terminate
this MTW ACC Amendment at any time.
Upon HUD’s receipt of written
notification from the PHA and a copy of
a resolution approving termination from
its governing board, termination will be
effective. The PHA will then begin to
transition out of MTW and will work
with HUD to establish an orderly phaseout of MTW activities, consistent with
Section 6 of this MTW ACC
Amendment.
(D) Nothing contained in this ACC
Amendment shall prohibit or limit HUD
from the exercise of any other right or
remedy existing under any ACC or
available under applicable law. HUD’s
exercise or non-exercise of any right or
remedy under this amendment shall not
be construed as a waiver of HUD’s right

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to exercise that or any other right or
remedy at any time.
Section 8. Notwithstanding any
provision set forth in this MTW ACC
Amendment, any future law that
conflicts with any provision of this ACC
Amendment, as determined by HUD,
shall not be deemed to be a breach of
this ACC Amendment. Nor shall HUD’s
execution of any future law be deemed
a breach of this ACC Amendment. Any
future laws affecting the PHA’s funding,
even if that future law causes a decrease
in the PHA’s funding, shall not be
deemed a breach of this ACC
Amendment. No future law or HUD’s
execution thereof shall serve as a basis
for a breach of contract claim in any
court.
Section 9. If any clause, or portion of
a clause, in this Agreement is
considered invalid under the rule of
law, it shall be regarded as stricken
while the remainder of this Agreement
shall continue to be in full effect.
In consideration of the foregoing
covenants, the parties do hereby execute
this MTW ACC Amendment:
PHA
llllllllllllllllll
By: llllllllllllllll
Its: lllllllllllllllll
Date: llllllllllllllll
United States Department of Housing
and Urban Development
llllllllllllllllll
By: llllllllllllllll
Its: lllllllllllllllll
Date: llllllllllllllll
[FR Doc. 2023–14594 Filed 7–10–23; 8:45 am]
BILLING CODE 4210–67–P

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7070–N–38; OMB No.:
2577–0075]

30-Day Notice of Proposed Information
Collection: Public Housing Inventory
Removals Application, General
Depository Agreement, and
Notification of Public Housing
Closeout or Future Development
Office of Policy Development
and Research, Chief Data Officer, HUD.
ACTION: Notice.
AGENCY:

HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice

SUMMARY:

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Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Notices
is to allow for an additional 30 days of
public comment. Information
collections from PHAs assure
compliance with all Federal program
requirements.
DATES:

Comments Due Date: August 10,

2023.
Interested persons are
invited to submit comments regarding
this proposal. 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. Interested persons are
also invited to submit comments
regarding this proposal and comments
should refer to the proposal by name
and/or OMB Control Number and
should be sent to: Colette Pollard,
Clearance Officer, REE, Department of
Housing and Urban Development, 451
7th Street SW, Room 8210, Washington,
DC 20410–5000; email
PaperworkReductionActOffice@
hud.gov.

ADDRESSES:

FOR FURTHER INFORMATION CONTACT:

Colette Pollard, Reports Management
Officer, REE, Department of Housing
and Urban Development, 7th Street SW,
Room 8210, Washington, DC 20410;
email Colette Pollard at Colette.Pollard@
hud.gov or telephone 202–402–3400.
This is not a toll-free number. HUD
welcomes and is prepared to receive
calls from individuals who are deaf or
hard of hearing, as well as individuals
with speech or communication
disabilities. To learn more about how to
make an accessible telephone call,
please visit https://www.fcc.gov/
consumers/guides/telecommunicationsrelay-service-trs.
Copies of available documents
submitted to OMB may be obtained
from Ms. Pollard.
This
notice informs the public that HUD is
seeking approval from OMB for the

SUPPLEMENTARY INFORMATION:

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 April 17, 2023
at 88 FR 23452.
A. Overview of Information Collection
Title of Information Collection: Public
Housing Inventory Removal
Application, General Depository
Agreement, and Notification of Future
Public Housing Development.
OMB Approval Number: 2577–0075.
Type of Request: Revision of a
currently approved collection.
Form Number: HUD–51999; HUD
52860, HUD 52860–A, HUD 52860–B,
HUD 52860–C; HUD 52860–D; HUD
52860–E, HUD 52860–F, HUD–52860–
G, and HUD–5837.
Description of the need for the
information and proposed use: This
collection covers the paperwork and
HUD 52860 form requirements that
PHAs must use when they request HUD
approval to remove public housing real
property (including units) from their
public housing program through the
following sections of the United States
Housing Act of 1937 Section 18
(demolition/disposition), Section 22
(voluntary conversion), Section 33
(required conversion) and Section 32
(homeownership conveyance) as well as
through settlement agreements in lieu of
court proceedings for proposed eminent
domain takings of public housing
property and retention requirements
under 2 CFR 200.311. Note that HUD
approval of a removal action does not
automatically or necessarily result in
actual removal; rather, the PHA must
complete the actual removal and
comply with the applicable HUD
reporting requirements to document the
actual removal.
The collection is a renewal and is also
a request to change the collection name
to: Public Housing Inventory Removals
Application, General Depository
Agreement, and Notification of Public
Housing Closeout or Future
Development from: Public Housing
Number of
responses

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HUD-form

1 ..........
2 ..........
3 ..........

Submit Notification of Future Development via
HUD–5837.
Submit General Depository Agreement (GDA) via
form HUD 51999.
Removal of public housing property from ACC
through demolition and/or disposition, including
de minimis, via (Section 18) via HUD form
52860, HUD–52860–A, and HUD–52860–B.

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Number of
responses
per
response

Total annual
responses

Annual Contributions Contract and
Inventory Removal Application
This collection covers the paperwork
and HUD–51999 (General Depository
Agreement) (GDA) form that PHAs must
use when they receive restricted funds
and program income, by requiring such
funds to be deposited into interestbearing accounts at financial
institutions whose deposits or accounts
are insured by the Federal Deposit
Insurance Corporation (FDIC) or the
National Credit Union Share Insurance
Fund (NCUSIF) and if the insurance
limits are exceeded, then to be fully and
continuously collateralized with HUD
approved investments.
This collection covers the paperwork
and HUD–5837 (Notification of Future
Development) form information that
PHAs must provide when they are
submitting applications that remove all
their public housing units about their
plans for potential new public housing
development or closeout of their public
housing program. The HUD–5837 is
used by HUD to monitor the federal
public housing inventory and PHA
status as an entity with which HUD has
a valid and ongoing Annual
Contributions Contract (ACC).
The revision of this collection does
two things.
First, it removes the following three
forms from this collection:
• Annual Contributions Contract
(ACC) (HUD–53012).
• Declaration of Trust/Declaration of
Restrictive Covenants (DOT/DORC)
(HUD–52190). This form is included in
OMB Collection 2577–0275.
• Capital Fund Program (CFP)
Amendment to the Annual
Contributions Contract (ACC) Office of
Public and Indian Housing (HUD–
52840–A). This form is being included
in its own collection.
Second, it makes formatting,
instructional and other changes to the
remaining forms to provide clearer
direction and to ensure PHAs are fully
complying with all applicable statutory
and regulatory requirements.
Respondents: Public housing
agencies.
Total
burden
hours

Hours per
response

Cost per
hour

Total cost

19

1

19

2

38

$44.56

$1,693.28

2,770

1

2,770

1

2,770

44.56

123,431.20

200

1

200

10

2,000

47.26

94,520

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Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Notices
Number of
responses

HUD-form

4 ..........

5 ..........

6 ..........

7 ..........

8 ..........

Total annual
responses

Total
burden
hours

Hours per
response

Cost per
hour

Total cost

Removal of public housing property from ACC
through voluntary conversion (Section 22) via
HUD form 52860 and HUD–52860–E.
Removal of public housing property from ACC
through required conversion (Section 33) via
HUD form 52860 and HUD–52860–D.
Removal of public housing property through homeownership (Section 32) via HUD Form 52860
and HUD–52860–C.
Removal of public housing property from ACC
through eminent domain HUD form 52860) and
HUD–52860–F.
Removal of public housing property from ACC
through retention actions under 2 CFR 200.311
via HUD form 52860 and HUD–52860–G.

12

1

12

10

120

47.26

5,671.20

0

1

0

0

0

47.26

0

3

1

3

10

30

47.26

1,417.80

1

1

1

10

10

47.26

470.26

2

1

2

10

20

47.26

945.20

Totals ....................................................................

3,007

1

3007

1.66

4,988

....................

235,732.88

B. Solicitation of Public Comment

DEPARTMENT OF THE INTERIOR

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
(5) ways to minimize the burden of
the collection of information on those
who are to respond, including the use
of automated collection techniques or
other forms of information technology.
HUD encourages interested parties to
submit comment in response to these
questions.

Fish and Wildlife Service

C. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C.
Chapter 35.
ddrumheller on DSK120RN23PROD with NOTICES1

Number of
responses
per
response

Colette Pollard,
Department Reports Management Officer,
Office of Policy Development and Research,
Chief Data Officer.
[FR Doc. 2023–14558 Filed 7–10–23; 8:45 am]
BILLING CODE P

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[Docket No. FWS–R4–ES–2023–0104;
FXES11140400000–234–FF04EF4000]

Receipt of Incidental Take Permit
Application and Proposed Habitat
Conservation Plan for the Sand Skink;
Lake County, FL; Categorical
Exclusion
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:

We, the Fish and Wildlife
Service (Service), announce receipt of
an application from Park Square
Enterprises, LLC (Leesburg ROW;
applicant) for an incidental take permit
(ITP) under the Endangered Species Act.
The applicant requests the ITP to take
the federally listed sand skink (Neoseps
reynoldsi) incidental to the construction
of a roadway in Lake County, Florida.
We request public comment on the
application, which includes the
applicant’s proposed habitat
conservation plan (HCP), and on the
Service’s preliminary determination that
the proposed permitting action may be
eligible for a categorical exclusion
pursuant to the Council on
Environmental Quality’s National
Environmental Policy Act (NEPA)
regulations, the Department of the
Interior’s (DOI) NEPA regulations, and
the DOI Departmental Manual. To make
this preliminary determination, we
prepared a draft environmental action
statement and low-effect screening form,
both of which are also available for
public review. We invite comment from
the public and local, State, Tribal, and
Federal agencies.
DATES: We must receive your written
comments on or before August 10, 2023.
SUMMARY:

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ADDRESSES:

Obtaining Documents: You may
obtain copies of the documents online
in Docket No. FWS–R4–ES–2023–0104
at https://www.regulations.gov.
Submitting Comments: If you wish to
submit comments on any of the
documents, you may do so in writing by
one of the following methods:
• Online: https://
www.regulations.gov. Follow the
instructions for submitting comments
on Docket No. FWS–R4–ES–2023–0104;
or
• U.S. mail: Public Comments
Processing, Attn: Docket No. FWS–R4–
ES–2023–0104; U.S. Fish and Wildlife
Service, MS: PRB/3W, 5275 Leesburg
Pike, Falls Church, VA 22041–3803.
FOR FURTHER INFORMATION CONTACT:
Zakia Williams, by U.S. mail (see
ADDRESSES), by telephone at 904–731–
3119, or via email at zakia_williams@
fws.gov. Individuals in the United States
who are deaf, deafblind, hard of hearing,
or have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: We, the
Fish and Wildlife Service (Service),
announce receipt of an application from
Park Square Enterprises, LLC (Leesburg
ROW; applicant) for an incidental take
permit (ITP) under the Endangered
Species Act of 1973, as amended (ESA;
16 U.S.C. 1531 et seq.). The applicant
requests the ITP to take the federally
listed sand skink (Neoseps reynoldsi;
skink) incidental to the construction
and operation of a roadway in Lake
County, Florida. We request public
comment on the application, which
includes the applicant’s habitat
conservation plan (HCP), and on the

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