30-Day Notice

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

AGENCY:

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.
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 8210 7th
Street SW, 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.
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 March 10, 2023
at 89 FR 15059.

certain pre-approved waivers to
establish program flexibility for
participants. These waivers will be
available to MTW PHAs when the
revised MTW ACC Amendment is
executed. The Operations Notice also
provided that the 100 PHAs would be
selected in cohorts, with applications
for each cohort to be sought via a
Selection Notice.
This initial Operations Notice was
followed by subsequent Federal
Register notices. On May 4, 2017, HUD
published the Operations Notice for the
Expansion of the Moving to Work
Demonstration Program Solicitation of
Comment; Waiver Revision and
Reopening of Comment Period.’’ On
October 5, 2018, HUD published a
further Operations Notice (83 FR 50387)
(a correction and extension of the
comment period was published on
October 11, 2018 (83 FR 51474)). This
notice made changes as a result of the
prior public comments, and again
solicited public comments. After
reviewing these comments and making
changes, the Operations Notice was then
published for implementation on
August 28, 2020 (85 FR 53444).
On December 27, 2018, HUD issued
for public comment the 60-day notice
for the Moving to Work Amendment to
the Consolidated Annual Contributions
Contract (the ‘‘MTW ACC Amendment’’)
under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. (83 FR 66738). The
MTW ACC Amendment was revised in
response to public comments received
under the 60-day Notice. The formal
title was also changed to the ‘‘Moving to
Work Amendment to the Annual
Contributions Contract(s).’’ On,
November 8, 2019, HUD issued for the
public comment the 30-day notice for
The MTW ACC Amendment. The MTW
ACC Amendment was further revised in
response to public comments received
under the 30-day Notice, and published
for use on August 31, 2020. This notice
seeks public comment on the renewal of
MTW ACC Amendment.

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
is to allow for an additional 30 days of
public comment.
DATES: Comments Due Date: August 10,
2023.
ADDRESSES: Interested persons are
invited to submit comments regarding

A. Background
In order to implement the expanded
MTW program under division L, title II
of the Consolidated Appropriations Act,
2016 (Pub. L. 114–113, December 18,
2015), HUD issued the first Operations
Notice of the Expansion of the Moving
to Work Demonstration Program
Solicitation of Comment (82 FR 8056,
January 23, 2017) (Operations Notice),
and solicited public comment. This
notice established requirements for the
implementation and continued
operation of the expansion of the MTW
demonstration program pursuant to the
2016 MTW Expansion Statute and

B. Overview of Information Collection
Title of Information Collection:
Moving to Work Amendment to
Consolidated Annual Contributions
Contract(s).
OMB Approval Number: 2577–0294.
Type of Request: Renewal of a
currently approved collection.
Form Number: HUD–50166.
Description of the need for the
information and proposed use: The
proposed Moving to Work (MTW)
Amendment to the Annual
Contributions Contract(s), signed by
HUD and the selected Public Housing
Authority (PHA), is necessary for HUD

Respondent’s Obligation:
Participation is voluntary.
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 comments in response to these
questions.
C. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. 3507.
Todd Richardson,
General Deputy Assistant Secretary for Policy,
Development and Research.
[FR Doc. 2023–14614 Filed 7–10–23; 8:45 am]
BILLING CODE 4210–67–P

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7070–N–37]

30-Day Notice of Proposed Information
Collection: Moving to Work
Amendment to Consolidated Annual
Contributions Contract (ACC); OMB
Control No.: 2577–0294
Office of Policy Development
and Research, Chief Data Officer, HUD.
ACTION: Notice.

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SUMMARY:

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Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Notices
to implement the expansion of the
Moving to Work program enacted by
Congress in the Consolidated
Appropriations Act, 2016 (Pub. L. 114–
113, approved December 18, 2015)
(2016 Appropriation). It establishes the
basic terms and conditions that will
apply to 100 new PHAs participating in
the MTW demonstration pursuant to the
2016 Appropriation. Specifically, the
MTW ACC Amendment amends any
ACCs for the public housing or housing
choice voucher programs in effect
between the PHA and HUD to establish
the PHA’s designation as an MTW
Information collection

Frequency of
response

Responses
per annum

Burden
hour per
response

Annual
burden
hours

Hourly
cost per
response

Cost

100

1 each ............

100

1.00

100

$52.88

$5,288

The burden costs shown represent
burden associated with a one-time
review and execution of the MTW ACC
Amendment for 100 PHAs to be
designated as MTW pursuant to the
FY2016 Appropriations Statute.
C. Solicitation of Public Comment

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of the demonstration and HUD
termination rights upon PHA default. A
copy of the proposed MTW ACC
Amendment is published at the end of
this notice.
Respondents: Public Housing
Authorities.
Estimated Number of Respondents:
100.
Estimated Number of Responses: 100.
Frequency of Response: 1.
Total Estimated Burdens: The burden
costs associated with this collection are
as follows:

Number of
respondents

HUD–50166, MTW
ACC Amendment.

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.
(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.

VerDate Sep<11>2014

agency and to operate in accordance
with the requirements of the MTW
demonstration program, as amended by
Public Law 114–113. The MTW ACC
Amendment establishes the terms of
participation in MTW, including the
requirement that the PHA follow the
MTW Operations Notice and its
respective Selection Notice. The PHAs
remain subject to the applicable ACCs to
the extent that the provisions thereof are
not otherwise waived by the Operations
Notice or the applicable MTW Selection
Notice. Additionally, the MTW ACC
Amendment outlines PHA transition out

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D. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C.
Chapter 35.
Colette Pollard,
Department Reports Management Officer,
Office of Policy Development and Research,
Chief Data Officer.

Moving to Work Amendment to Annual
Contributions Contract(s)
Section 1. This Moving to Work
(MTW) Amendment to the Annual
Contributions Contract(s) (MTW ACC
Amendment) is entered into between
the United States Department of
Housing and Urban Development
(‘‘HUD’’) and lll (the ‘‘Public
Housing Agency, ‘‘PHA’’).
Section 2. This MTW ACC
Amendment is an amendment to any
Annual Contributions Contract(s)
(‘‘ACC’’) or Annual Contributions Terms
and Conditions (‘‘ACC’’) in effect
between the PHA and HUD for the
Public Housing and Housing Choice
Voucher programs.
Section 3. The ACC is amended in
connection with the PHA’s designation
as a participant in the expansion of the
MTW demonstration pursuant to
Section 239 of the Consolidated
Appropriations Act, 2016, Public Law
114–113; 129 Stat. 2897 (2016 MTW
Expansion Statute) and Section 204 of
the Departments of Veterans Affairs and
Housing and Urban Development and
Independent Agencies Appropriations
Act, 1996, Public Law 104–134; 110
Stat. 1321–281 (1996 MTW statute). The
PHA’s participation in the expansion of
the MTW demonstration shall be
governed by the MTW Operations
Notice for the Expansion of the Moving

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to Work Demonstration as it is issued as
it and may be amended in the future, or
any successor notice issued by HUD,
(‘‘the MTW Operations Notice’’).
Section 4. The term of this
amendment shall be for 20 years from
the beginning of the PHA’s first full
fiscal year following execution by the
PHA and HUD; or, until termination of
this amendment, whichever is sooner.
Section 5. Requirements and
Covenants.
(A) As a participant in the MTW
demonstration, the PHA must operate in
accordance with the express terms and
conditions set forth in the MTW
Operations Notice. The MTW
Operations Notice may be superseded or
amended by HUD at any time during the
twenty-year MTW term.
(B) The PHA will cooperate fully with
HUD and its contractors for the duration
of the HUD-sponsored evaluation of the
cohort of the MTW Expansion for which
the PHA was selected and shall comply
with all aspects of its Cohort Study as
outlined in the selection notice under
which the PHA was designated.
(C) The PHA is only exempted from
specific provisions of the Housing Act
of 1937 (‘‘the Act’’) and its
implementing regulations as specified
in the MTW Operations Notice. Each
such exemption also extends to
subregulatory guidance to the extent
that the subregulatory guidance
implements the provisions of the Act or
its implementing regulations exempted
pursuant to the MTW Operations
Notice. The PHA remains subject to all
other applicable requirements
including, but not limited to, those in
Title 24 of the Code of Federal
Regulations and Title 42 of the U.S.
Code, Appropriations Acts, Annual

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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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