AHP Information Collection 60-day Federal Register Notice

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Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Notices

BILLING CODE 8070–01–C

FEDERAL HOUSING FINANCE
AGENCY

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[No. 2016–N–07]

Proposed Collection; Comment
Request
AGENCY:

Federal Housing Finance

Agency.
60-day notice of submission of
information collection for approval from
Office of Management and Budget.

ACTION:

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Interested persons may submit
comments on or before November 22,
2016.

DATES:

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Submit comments to FHFA,
identified by ‘‘Proposed Collection;
Comment Request: ‘Affordable Housing
Program, (No. 2016–N–07)’’’ by any of
the following methods:
• Agency Web site: www.fhfa.gov/
open-for-comment-or-input.
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments. If
you submit your comment to the
Federal eRulemaking Portal, please also
send it by email to FHFA at
RegComments@fhfa.gov to ensure
timely receipt by the agency.
• Mail/Hand Delivery: Federal
Housing Finance Agency, Eighth Floor,

ADDRESSES:

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EN23SE16.002

In accordance with the
requirements of the Paperwork
Reduction Act of 1995, the Federal
Housing Finance Agency (FHFA) is
seeking public comments concerning
the information collection known as the
‘‘Affordable Housing Program,’’ which
has been assigned control number 2590–
0007 by the Office of Management and
Budget (OMB). FHFA intends to submit
the information collection to OMB for
review and approval of a three-year
extension of the control number, which
is due to expire on November 30, 2016.

SUMMARY:

[FR Doc. 2016–22930 Filed 9–22–16; 8:45 am]

Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Notices

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400 Seventh Street SW., Washington,
DC 20219, ATTENTION: Proposed
Collection; Comment Request:
‘‘Affordable Housing Program, (No.
2016–N–07)’’.
We will post all public comments we
receive without change, including any
personal information you provide, such
as your name and address, email
address, and telephone number, on the
FHFA Web site at http://www.fhfa.gov.
In addition, copies of all comments
received will be available for
examination by the public on business
days between the hours of 10 a.m. and
3 p.m., at the Federal Housing Finance
Agency, Eighth Floor, 400 Seventh
Street SW., Washington, DC 20219. To
make an appointment to inspect
comments, please call the Office of
General Counsel at (202) 649–3804.
FOR FURTHER INFORMATION CONTACT:
Deattra D. Perkins, Senior Policy
Analyst, Division of Housing Mission &
Goals, Deattra.Perkins@fhfa.gov, (202)
649–3133; or Sylvia C. Martinez,
Manager, Federal Home Loan Bank
Housing and Community Investment
Programs, Division of Housing Mission
& Goals, Sylvia.Martinez@fhfa.gov, (202)
649–3301 (these are not toll-free
numbers); Federal Housing Finance
Agency, 400 Seventh Street SW.,
Washington, DC 20219. The
Telecommunications Device for the
Hearing Impaired is (800) 877–8339.
SUPPLEMENTARY INFORMATION:
A. Background
Section 10(j) of the Federal Home
Loan Bank Act (Bank Act) requires
FHFA to promulgate regulations under
which each of the 11 Federal Home
Loan Banks (Banks) must establish an
Affordable Housing Program (AHP), to
provide subsidy to the Bank’s member
institutions to: (1) Finance
homeownership by households with
incomes at or below 80 percent of the
area median income (low- or moderateincome households); and (2) to finance
the purchase, construction, or
rehabilitation of rental housing in which
at least 20 percent of the units will be
occupied by and affordable for
households earning 50 percent or less of
the area median income (very lowincome households).1 Section 10(j) also
establishes standards and requirements
for providing such subsidized funding
to Bank members and requires each
Bank to contribute 10 percent of its
previous year’s net earnings to its AHP
annually, subject to a minimum annual
combined contribution by the 11 Banks
of $100 million.2
1 12
2 12

U.S.C. 1430(j)(1) and (2).
U.S.C. 1430(j)(5)(C).

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FHFA’s AHP regulation, which
implements the statutory AHP
requirements, is set forth at 12 CFR part
1291. The regulation requires that each
Bank establish and fund an AHP and
sets forth the parameters within which
the Banks’ programs must operate. The
regulation permits the Banks a degree of
discretion in determining how their
individual programs are to be
implemented and requires that each
Bank adopt an AHP Implementation
Plan setting forth the specific
requirements for that Bank’s program.3
Competitive Application Programs
The AHP regulation requires each
Bank to establish a competitive
application program under which the
Bank accepts applications for AHP
subsidized advances or direct subsidies
(grants) submitted by its members on
behalf of non-member entities having a
significant connection to the projects for
which subsidy is being sought (project
sponsors).4 Each Bank accepts
applications for AHP subsidy under its
competitive application program during
a specified number of funding periods
each year, as determined by the Bank.5
A Bank must determine for each
application it receives whether the
proposed project meets the AHP
regulatory eligibility requirements.6 The
Bank must score each application
according to AHP regulatory and Bankspecific scoring guidelines, and approve
the highest scoring projects within that
funding period for AHP subsidy.7
The regulation provides that, prior to
each disbursement of AHP subsidy for
a project approved under a Bank’s
competitive application program, the
Bank must confirm that the project
continues to meet the AHP regulatory
eligibility requirements, as well as all
commitments made in the approved
AHP application.8 As part of this
process, Banks typically require that the
member and project sponsor provide
documentation demonstrating
continuing compliance.
The regulation permits a Bank to
approve a modification to the terms of
an approved application that would
3 12

CFR 1291.3.
4 12 CFR 1291.5. Under the regulation, an AHP
project sponsor may be an entity that either: (1) has
an ownership interest in a rental project; (2) is
integrally involved in an owner-occupied project,
such as by exercising control over the planning,
development, or management of the project, or by
qualifying borrowers and providing or arranging
financing for the owners of the units; (3) operates
a loan pool; or (4) is a revolving loan fund. 12 CFR
1291.1 (definition of ‘‘sponsor’’).
5 12 CFR 1291.5(b)(1).
6 12 CFR 1291.5(c).
7 12 CFR 1291.5(d).
8 12 CFR 1291.5(g)(3).

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change the score that the application
received in the funding period in which
it was originally scored and approved,
had the changed facts been operative at
that time. To approve a modification: (i)
The project, incorporating the changes,
must continue to meet the regulatory
eligibility requirements; (ii) the
application, as reflective of the changes,
must continue to score high enough to
have been approved in the funding
period in which it was originally scored
and approved; and (iii) there must be
good cause for the modification, and the
analysis and justification for the
modification must be documented by
the Bank in writing.9 Banks typically
require the member and project sponsor
requesting a modification to provide a
written analysis and justification as part
of their modification request.
The regulation requires generally that
a Bank monitor each owner-occupied
and rental project receiving AHP
subsidy under its competitive
application program prior to and after
project completion. For initial
monitoring, a Bank must determine
whether the project is making
satisfactory progress towards
completion, in compliance with the
commitments made in the approved
application, Bank policies, and the AHP
regulatory requirements. Following
project completion, the Bank must
determine whether satisfactory progress
is being made towards occupancy of the
project by eligible households, and
whether the project meets the regulatory
requirements and the commitments
made in the approved application.10 For
long-term monitoring of rental projects,
subject to certain exceptions in the AHP
regulation, the Bank must determine
whether, during the 15-year retention
period, the household incomes and
rents comply with the income targeting
and rent commitments made in the
approved application.11 For both the
initial and long-term monitoring, a Bank
must review appropriate documentation
maintained by the project sponsor.
Homeownership Set-Aside Programs
The AHP regulation also authorizes
each Bank, in its discretion, to allocate
up to the greater of $4.5 million or 35
percent of its annual required AHP
contribution to establish
homeownership set-aside programs for
the purpose of promoting
homeownership for low- or moderateincome households.12 Under these
9 12

CFR 1291.5(f).
CFR 1291.7(a)(1).
11 12 CFR 1291.7(a)(4).
12 12 CFR 1291.2(b)(2); 1291.6.
10 12

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Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Notices

homeownership set-aside programs, a
Bank may provide to its members AHP
direct subsidies, which are to be
provided by the members to eligible
households as a grant to pay for down
payment, closing cost, counseling cost
or rehabilitation assistance in
connection with the household’s
purchase of a primary residence or
rehabilitation of an owner-occupied
residence.13 Prior to the Bank’s
disbursement of a direct subsidy under
its homeownership set-aside program,
the member must provide a certification
that the subsidy will be provided in
compliance with all applicable
regulatory eligibility requirements.14

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AHP Information Submitted by Banks to
FHFA
FHFA’s Data Reporting Manual (DRM)
requires each Bank to submit to FHFA
aggregate AHP information.15 The DRM
requires each Bank to submit to FHFA
project-level information regarding its
competitive application program and
household-level information regarding
its homeownership set-aside program
semi-annually. The information the
Banks are required to submit to FHFA
under the DRM is derived from the
documentation submitted by Bank
members and project sponsors that is
described above.
B. Need for and Use of the Information
Collection
The Banks use the information
collected under part 1291 to determine
whether: (1) Projects for which Bank
members and project sponsors are
seeking subsidies under the Banks’
competitive application programs
satisfy the applicable statutory and
regulatory requirements and score
highly enough in comparison with other
applications submitted during the same
funding period to be approved for AHP
subsidies; (2) projects approved under
the Banks’ competitive application
programs continue to meet the
applicable requirements and to comply
with the commitments made in the
approved applications each time
subsidy is disbursed; (3) requests for
modifications of projects approved
under the Banks’ competitive
application programs meet the
regulatory requirements for approval; (4)
projects approved under the Banks’
competitive application programs are
13 12

CFR 1291.6(c)(4).
CFR 1291.7(b)(2).
15 The AHP reporting requirements are located in
chapter 5 of the DRM, which is available
electronically on FHFA’s public Web site at http://
www.fhfa.gov/SupervisionRegulation/
FederalHomeLoanBanks/Documents/FHFBResolutions/2006/2006–13-Attachment.pdf.
14 12

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making satisfactory progress towards
completion, and following project
completion, are making satisfactory
progress towards occupancy of the
project by eligible households, in
compliance with the commitments
made in the approved applications,
Bank policies, and the regulatory
requirements (initial monitoring); (5)
during the 15-year retention period,
completed rental projects continue to
comply with the household income
targeting and rent commitments made in
the approved applications (long-term
monitoring); and (6) applications for
direct subsidy under Banks’
homeownership set-aside programs
were approved, and the direct subsidies
disbursed, in accordance with the
regulatory requirements.
FHFA uses the information required
to be submitted by the Banks under the
DRM to verify that the Banks’ funding
decisions, and the use of the funds
awarded, were consistent with statutory
and regulatory requirements.
The OMB control number for the
information collection is 2590–0007.
The current clearance expires on
November 30, 2016. The likely
respondents are institutions that are
Bank members and non-member entities
that sponsor an AHP project.
C. Burden Estimate
FHFA has analyzed each of the six
facets of this information collection in
order to estimate the hour burdens that
the collection will impose upon Bank
members and AHP project sponsors
annually over the next three years.
Based on that analysis, FHFA estimates
that the total annual hour burden will
be 115,750. The method FHFA used to
determine the annual hour burden for
each facet of the information collection
is explained in detail below.
I. AHP Competitive Applications
FHFA estimates that Bank members,
on behalf of project sponsors, will
submit to the Banks an annual average
of 1,350 applications for AHP subsidies
under the Banks’ competitive
application programs and that the
average preparation time for each
application will be 24 hours. The
estimate for the total annual hour
burden on members and project
sponsors in connection with the
preparation and submission of AHP
competitive applications is 32,400 hours
(1,350 applications × 24 hours).
II. Compliance Submissions for
Approved Competitive Application
Projects at AHP Subsidy Disbursement
FHFA estimates that Bank members,
on behalf of project sponsors, will make

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an annual average of 700 submissions to
the Banks documenting that projects
approved under the Banks’ competitive
application programs continue to
comply with the regulatory eligibility
requirements and all commitments
made in the approved applications at
the time each AHP subsidy is disbursed,
and that the average preparation time
for each submission will be 1 hour. The
estimate for the total annual hour
burden on members and project
sponsors in connection with the
preparation and submission of these
compliance submissions is 700 hours
(700 submissions × 1 hour).
III. Modification Requests for Approved
Competitive Application Projects
FHFA estimates that Bank members,
on behalf of project sponsors, will
submit to the Banks an annual average
of 300 requests for modifications to
projects that have been approved under
the Banks’ competitive application
programs, and that the average
preparation time for each request will be
2.5 hours. The estimate for the total
annual hour burden on members and
project sponsors in connection with the
preparation and submission of these
modification requests is 750 hours (300
requests × 2.5 hours).
IV. Initial Monitoring Submissions for
Approved Competitive Application
Projects
FHFA estimates that project sponsors
will make an annual average of 500
submissions of documentation to the
Banks for purposes of the Banks’ initial
monitoring of in-progress and recently
completed projects approved under
their competitive application programs,
and that the average preparation time
for each submission will be 5 hours. The
estimate for the total annual hour
burden on project sponsors in
connection with the preparation and
submission of documentation required
for initial monitoring of competitive
application projects is 2,500 hours (500
submissions × 5 hours).
V. Long-Term Monitoring Submissions
for Approved Competitive Application
Program Projects
FHFA estimates that project sponsors
will make an annual average of 4,800
submissions of documentation to the
Banks for purposes of the Banks’ longterm monitoring of completed projects
approved under their competitive
application programs, and that the
average preparation time for each
submission will be 3 hours. The
estimate for the total annual hour
burden on project sponsors in
connection with the preparation and

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Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Notices
submission of documentation required
for long-term monitoring of competitive
application projects is 14,400 hours
(4,800 submissions × 3 hours).
VI. Homeownership Set-aside Program
Applications and Certifications
FHFA estimates that Bank members
will submit to the Banks an annual
average of 13,000 applications and
required certifications for AHP direct
subsidies under the Banks’
homeownership set-aside programs, and
that the average preparation time for
those submissions together will be 5
hours. The estimate for the total annual
hour burden on members in connection
with the preparation and submission of
homeownership set-aside program
applications and certifications is 65,000
hours (13,000 applications/certifications
× 5 hours).
D. Public Comments Request
Written comments are requested on:
(1) Whether the collection of
information is necessary for the proper
performance of FHFA functions,
including whether the information has
practical utility; (2) the accuracy of
FHFA’s estimates of the burdens of the
collection of information; (3) ways to
enhance the quality, utility, and clarity
of the information collected; and (4)
ways to minimize the burden of the
collection of information on members
and project sponsors, including through
the use of automated collection
techniques or other forms of information
technology.
Dated: September 20, 2016.
Kevin Winkler,
Chief Information Officer, Federal Housing
Finance Agency.

The applications listed below, as well
as other related filings required by the
Board, are available for immediate
inspection at the Federal Reserve Bank
indicated. The application also will be
available for inspection at the offices of
the Board of Governors. Interested
persons may express their views in
writing on the standards enumerated in
the HOLA (12 U.S.C. 1467a(e)). If the
proposal also involves the acquisition of
a nonbanking company, the review also
includes whether the acquisition of the
nonbanking company complies with the
standards in section 10(c)(4)(B) of the
HOLA (12 U.S.C. 1467a(c)(4)(B)). Unless
otherwise noted, nonbanking activities
will be conducted throughout the
United States.
Unless otherwise noted, comments
regarding each of these applications
must be received at the Reserve Bank
indicated or the offices of the Board of
Governors not later than October 20,
2016.
A. Federal Reserve Bank of Cleveland
(Nadine Wallman, Vice President) 1455
East Sixth Street, Cleveland, Ohio
44101–2566. Comments can also be sent
electronically to
Comments.applications@clev.frb.org:
1. Community Savings Bancorp, Inc.,
Caldwell, Ohio; to become a savings and
loan holding company through the
mutual to stock conversion and
acquisition of Community Savings,
Caldwell, Ohio.
Board of Governors of the Federal Reserve
System, September 20, 2016.
Michele Taylor Fennell,
Assistant Secretary of the Board.
[FR Doc. 2016–22955 Filed 9–22–16; 8:45 am]
BILLING CODE 6210–01–P

[FR Doc. 2016–22947 Filed 9–22–16; 8:45 am]

FEDERAL RESERVE SYSTEM

FEDERAL RESERVE SYSTEM

Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company

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Formations of, Acquisitions by, and
Mergers of Savings and Loan Holding
Companies
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Home Owners’ Loan Act
(12 U.S.C. 1461 et seq.) (HOLA),
Regulation LL (12 CFR part 238), and
Regulation MM (12 CFR part 239), and
all other applicable statutes and
regulations to become a savings and
loan holding company and/or to acquire
the assets or the ownership of, control
of, or the power to vote shares of a
savings association and nonbanking
companies owned by the savings and
loan holding company, including the
companies listed below.

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must be received not later than October
11, 2016.
A. Federal Reserve Bank of Kansas
City (Dennis Denney, Assistant Vice
President) 1 Memorial Drive, Kansas
City, Missouri 64198–0001:
1. Frank L Carson, IV, Mulvane,
Kansas; to retain shares of Mulvane
Bankshares, Inc., Mulvane, Kansas, and
for approval as a member of the Carson
Family Group that controls Mulvane
Bankshares, Inc. Notification submitted
by Sidney A. Reitz, Salina, Kansas, as
trustee of Frank L. Carson, Jr. Trust No.
2; and Frank L. Carson, III Trust No. 2;
to retain control of Mulvane Bankshares,
Inc., and for approval as a member of
the Carson Family Group. Mulvane
Bankshares, Inc. controls Carson Bank,
Mulvane, Kansas.
Board of Governors of the Federal Reserve
System, September 20, 2016.
Michele Taylor Fennell,
Assistant Secretary of the Board.
[FR Doc. 2016–22956 Filed 9–22–16; 8:45 am]
BILLING CODE 6210–01–P

DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[CMS–4179–N]

Medicare Program; Medicare Appeals;
Adjustment to the Amount in
Controversy Threshold Amounts for
Calendar Year 2017
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice.
AGENCY:

This notice announces the
annual adjustment in the amount in
controversy (AIC) threshold amounts for
Administrative Law Judge (ALJ)
hearings and judicial review under the
Medicare appeals process. The
adjustment to the AIC threshold
amounts will be effective for requests
for ALJ hearings and judicial review
filed on or after January 1, 2017. The
calendar year 2017 AIC threshold
amounts are $160 for ALJ hearings and
$1,560 for judicial review.
DATES: Effective Date: This notice is
effective on January 1, 2017.
FOR FURTHER INFORMATION CONTACT: Liz
Hosna (Katherine.Hosna@cms.hhs.gov),
(410) 786–4993.
SUPPLEMENTARY INFORMATION:
SUMMARY:

BILLING CODE 8070–01–P

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The notificants listed below have
applied under the Change in Bank
Control Act (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
that are considered in acting on the
notices are set forth in paragraph 7 of
the Act (12 U.S.C. 1817(j)(7)).
The notices are available for
immediate inspection at the Federal
Reserve Bank indicated. The notices
also will be available for inspection at
the offices of the Board of Governors.
Interested persons may express their
views in writing to the Reserve Bank
indicated for that notice or to the offices
of the Board of Governors. Comments

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I. Background
Section 1869(b)(1)(E) of the Social
Security Act (the Act), as amended by
section 521 of the Medicare, Medicaid,

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