30-Day Notice FR-Notice Operating Fund Energy Incentives: Energy Performance Contracting Program Rate Reduction Incentives

Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Notices
Dated: June 1, 2023.
Mason C. Clutter,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2023–12305 Filed 6–8–23; 8:45 am]
BILLING CODE 9110–9L–P

DEPARTMENT OF HOMELAND
SECURITY
U.S. Immigration and Customs
Enforcement
[OMB Control Number 1653–0021]

Agency Information Collection
Activities; Extension, Without Change,
of a Currently Approved Collection:
Application for a Stay of Deportation or
Removal
U.S. Immigration and Customs
Enforcement, Department of Homeland
Security.
ACTION: 60-Day notice.
AGENCY:

In accordance with the
Paperwork Reduction Act (PRA) of
1995, the Department of Homeland
Security (DHS), U.S. Immigration and
Customs Enforcement (ICE) will submit
the following Information Collection
Request (ICR) to the Office of
Management and Budget (OMB) for
review and clearance.
DATES: Comments are encouraged and
will be accepted until August 8, 2023.
ADDRESSES: All submissions received
must include the OMB Control Number
1653–0021 in the body of the
correspondence, the agency name and
Docket ID ICEB–2008–0006. All
comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided. Submit
comments via the Federal eRulemaking
Portal website at http://
www.regulations.gov under e-Docket ID
number ICEB–2008–0006.
FOR FURTHER INFORMATION CONTACT: If
you have questions related to this
revision, please contact: James Laforge,
ERO Domestic Operations Unit, (973)
392–8026, james.a.laforge@ice.dhs.gov.
(This is not a toll-free number.
Comments are not accepted via
telephone message).
SUPPLEMENTARY INFORMATION:
SUMMARY:

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Comment
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information should address one or more
of the following four points:
(1) Evaluate whether the proposed
collection of information is necessary

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for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection:
Extension, without change, of a
currently approved collection.
(2) Title of the Form/Collection:
Application for a Stay of Deportation or
Removal.
(3) Agency form number, if any, and
the applicable component of the
Department of Homeland Security
sponsoring the collection: I–246; U.S.
Immigration and Customs Enforcement.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: individual or
households; business or other for-profit.
The information collected on the I–246
is necessary for ICE to make a
determination that the eligibility
requirements for a request for a stay of
deportation or removal are met by the
applicant.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: 3,664 responses at 30 minutes
(.50 hours) per response.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden is 1,832 hours.
Dated: June 6, 2023.
Scott Elmore,
PRA Clearance Officer, U.S. Immigrations
and Customs Enforcement, Department of
Homeland Security.
[FR Doc. 2023–12349 Filed 6–8–23; 8:45 am]
BILLING CODE 9111–28–P

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37897

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7070–N–29]

30-Day Notice of Proposed Information
Collection: Operating Fund Energy
Incentives: Energy Performance
Contracting Program, Rate Reduction
Incentive, OMB Control Number 2577–
New
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
comments paperwork Reduction Act,
HUD is requesting comment from all
interested parties on the proposed
collection of information. The purpose
of this notice is to allow for an
additional 30 days of public comment.
DATES: Comments Due Date: July 10,
2023.
SUMMARY:

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 by name and/or
OMB Control Number and can be sent
to: Colette Pollard, Reports Management
Officer, REE, Department of Housing
and Urban Development, 451 7th Street
SW, Room 8210, Washington, DC
20410–5000 or email at
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
PaperworkReductionActOffice@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/
telecommunications-relay-service-trs.
Copies of available documents

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37898

Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Notices

submitted to OMB may be obtained
from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for 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 July 12, 2022 at
87 FR 41344.

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A. Overview of Information Collection
Title of Information Collection:
Operating Fund Energy Incentives:
Energy Performance Contracting
Program, Rate Reduction Incentive.
OMB Approval Number: Pending.
Type of Request: New Collection.
Form Number: HUD–52722, HUD–
52723, EPC Savings Calculator, Resident
Paid Utility Worksheet.
Description of the need for the
information and proposed use: Section
9(e)(2)(C) of the United States Housing
Act of 1937 (1937 Act) authorizes Public
Housing Agencies (PHAs) to ‘‘receive
the full financial benefit from any
reduction in the cost of utilities or waste
management resulting from any contract
with a third party to undertake energy
conservation improvements in one or
more of its public housing projects.’’
Energy Conservation Improvements or
often referred to as Energy Conservation
Measures (ECMs) include improvements
to other utilities such as water and gas.
Under 24 CFR 990.185, PHAs may
qualify for conservation incentives
when undertaking ECMs that are
financed by an entity other than HUD.
This third-party financing of energy
consumption measures is termed an
Energy Performance Contract (EPC). A
PHA uses a loan from a third-party to
finance initial improvements in PHA
infrastructure that will reduce a PHA’s
energy and/or water consumption
through implementation of ECMs and/or
renewable energy. HUD will continue to
provide the PHA operating subsidy
based on a PHA’s energy consumption
before the improvements were made.
The PHA will then use the energy
savings to pay for the debt service on
the loan.
There are three energy consumption
incentives that are available to a PHA:
1. The Frozen Rolling Base (24 CFR
990.185(a)(1))—where HUD freezes the
PHA’s pre-EPC Rolling Base
Consumption Level (RBCL) following
the installation of ECMs so that the PHA
can retain the savings from the
decreased energy and/or water
consumption for the term of the
contract.

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2. The Add-on Subsidy—an
Additional Operating Subsidy (or ‘‘addon’’) is an increase in total operating
subsidy eligibility provided by HUD as
a conservation incentive, as described in
24 CFR 990.185(a)(3). The additional
subsidy is for amortization of the loan
of the EPC and other direct costs related
to the conservation project during the
term of the contract.
3. The Resident-Paid Utility incentive
(24 CFR 990.185(a)(2)). PHAs
undertaking energy and/or water
conservation measures that are financed
by an entity other than HUD may
include resident-paid utilities under the
consumption reduction incentive. This
incentive provides for PHAs to review
and update all utility allowances to
ascertain that residents are receiving the
proper allowances before energy savings
measures are begun; the PHA makes
future calculations of rental income for
purposes of the calculation of operating
subsidy eligibility based on these
baseline allowances. In effect, HUD will
freeze the baseline allowances for the
duration of the contract. This approach
allows a PHA to exclude from its
Operating Fund rental income
calculations any rents received that are
a result of decreased utility allowances
resulting from decreased consumption.
In addition to consumption
incentives, PHAs are also eligible for a
Rate Reduction Incentive. 24 CFR
990.185(b) also allows PHAs to retain
50% of any savings attributable to
taking specific actions to reduce the cost
of their energy consumption, such as
well-head purchase of natural gas,
administrative appeals, or contract
negotiation with a utility company. RRIs
executed at the same time as an EPC are
eligible to retain up to 100 percent of
the savings (rather than 50 percent of
the savings with the RRI alone) during
the EPC repayment period when the
EPC and RRI impact the same AMP and
utility.
The lower rate cannot be a result of
factors that do not require the PHA to
take an action and/or are beyond a
PHA’s control including, but not limited
to, market changes, legislative changes,
rate changes for all customers, or
consuming energy at a different time of
day. Applicants for an EPC program
submit the following documents at the
time of submission:
• A letter applying for an EPC
incentive, identifying the project
location, any PHA units that would fall
under the EPC contract, the type of
incentive that a PHA is applying for and
whether the project will be managed by
the PHA, or using an Energy Services
Company (ESCO) to manage the EPC on
their behalf;

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• Completed Investment Grade
Energy Audit to the ASHRAE (American
Society of Heating, Refrigerating and
Air-Conditioning Engineers) standard
that supports the proposal;
• The Request for Proposals (RFP)
used to solicit proposals from thirdparty lenders or ESCOs;
• A Cost Summary Sheet showing
ECMs by project, funding type and
Measurement and Verification (M&V)
type;
• Detailed Utility Baseline Data
summary sheet showing the RBCL and
any adjustments to the data;
• Copies of the HUD 52722 and 52723
forms 1 by Asset Management Project
(AMP) for each year of the required
rolling base years;
• Copy of the most recent HUD 52722
and 52723 forms by AMP; and
• A detailed Cash Flow Summary,
showing:
Æ That the energy savings are
sufficient to cover the project costs
including replacement costs;
Æ That 75% of the annual energy
savings are utilized for payment of the
debt for the contract; and
Æ Any Bureau of Labor and Statistics
historical documentation supporting
any utility rate escalations.
Applicants for Resident Paid Utility
Allowances submit the following:
• Copies of existing utility allowances
with supportive documentation;
• Copies of the Pre-EPC utility
allowances with supportive
documentation;
• Copies of projected post-EPC utility
allowances will be with supportive
documentation;
• A copy of the Energy Services
Agreement contract between the PHA
and their third-party lender/ESCO
Energy Services Agreement (ESA);
• A certification that the PHA has
performed a cost analysis per 2 CFR part
200, and that the costs associated with
the EPC are reasonable;
• A repayment certification that the
PHA will pay for any debt using cost
savings from implementing ECMs; and
• A letter from the PHA’s legal
counsel that states that the ESA
complies with State and Local laws and
that the legal interests of the Authority
are fairly represented in the ESA.
Applications for the Rate Reduction
Incentive (RRI) must include the
following information:
• PHA Name and PHA code;
• Asset Management Project (AMP)
number for each AMP included in the
proposed RRI;
1 The burden for these forms has been approved
under OMB Control No. 2577–0029. As a result, the
burden from these forms is not included in the
current collection.

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Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Notices
• A brief description of the action the
PHA undertook to reduce the utility rate
and supporting documentation;
• An explanation of how the PHA
will calculate savings and anticipated
savings; and
• Identification of the incentive the
PHA will claim, whether it is 50 percent
or 100 percent of the actual savings.
HUD uses collected information to
determine whether applications meet
eligibility requirements and application
submission requirements. Applicants
provide information about the proposed
contract to enable HUD to evaluate the
applicant’s response to the criteria for
rating the application and approving or
disproving the contract.
Type of submission/information collection

Number of
respondents

Frequency of
submissions

Spreadsheet through the Operating
Fund Web Portal, the Energy Savings
Calculator. This Calculator is used to
ensure the accuracy of the EPC
incentives being claimed by the PHA in
their annual Operating Subsidy
submission.
For the RRI program, PHAs must
annually submit documentation on
energy cost savings attributed to the
reduction in the rate. This data is
submitted on an Asset Management
Project (AMP basis). For the RRI
program, PHAs will submit their data
via email using the format of their
choice.
Respondents: Public Housing
Agencies (PHAs).

Estimate
average time
(hours)

Total
responses

Estimate
annual burden
(hours)

Hourly cost

Total annual
cost

EPC Application and supporting documentation .............................................................
EPC Measurement and Verification Report
and Energy Savings Calculator .................
RRI Application and supporting documentation .............................................................
RRI savings calculation .................................

10

1

10

560

5,600

$125

$700,000

200

1

200

20

4,000

125

500,000

30
60

1
1

30
60

2
10

60
600

125
125

7,500
75,000

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

300

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

300

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

10,260

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

1,282,500

B. Solicitation of Public Comment

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Annual EPC Measurement and
Verification and savings calculation
information collected allows HUD to
audit program performance accurately.
The quality of reported data is critical
for ensuring an accurate distribution of
the Operating Fund subsidy
appropriation. The information
collected will allow HUD to accurately
audit the program. For the EPC program,
Measurement and Verification data will
be submitted by the PHA annually in a
format of their choice. The report must
contain the actual usage amount of each
utility under the EPC, the actual unit of
measure, the consumption savings, and
the cost savings. The PHAs will also be
required to submit their consumption
data using a standardized Excel

This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A
regarding 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 respond; including through the use
of appropriate automated collection
techniques or other forms of information
technology, e.g., permitting electronic
submission of responses.
(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.

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C. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. 3507.
Colette Pollard,
Department Record Management Officer,
Officer of Policy Development and Research,
Chief Data Officer.
[FR Doc. 2023–12341 Filed 6–8–23; 8:45 am]
BILLING CODE 4210–67–P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2023–0075;
FXES11140800000–234–FF08EVEN00]

Receipt of Incidental Take Permit
Application for Participation in the
General Conservation Plan for Oil and
Gas Activities; Draft Categorical
Exclusion for the Conoco Philips Soil
Remediation Project; Santa Barbara
County, CA
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:

We, the U.S. Fish and
Wildlife Service (Service), announce
receipt of an application from Conoco
Philips for an incidental take permit
(ITP), pursuant to the Endangered
Species Act, under the approved

SUMMARY:

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General Conservation Plan for Oil and
Gas Activities (GCP). If granted, the ITP
would authorize take of the California
red-legged frog (Rana draytonii) and the
Santa Barbara County distinct
population segment (DPS) of the
California tiger salamander (Ambystoma
californiense), incidental to excavation
and remediation of soils contaminated
with hydrocarbons at the historical Cox
3–32 oil well sump and oilfield lease
access road. The Service prepared a
draft screening form in accordance with
the National Environmental Policy Act
to evaluate the potential effects of the
specific project to the natural and
human environment resulting from
issuing an ITP to the applicant. We
invite the public and local, State, Tribal,
and Federal agencies to comment on the
draft screening form and 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.
DATES: We must receive your written
comments on or before July 10, 2023.
ADDRESSES: Obtaining Documents: The
document this notice announces (draft
screening form), as well as any
comments and other materials that we

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