Updating Manufactured Housing Provisions, 199-204 [2024-30270]
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Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 / Rules and Regulations
awardee beyond the last completed and
paid milestone.
(c) Right to appeal. (1) The awardee
has the right to appeal to the cognizant
Senior Procurement Executive (SPE), as
defined by 41 U.S.C. 1702(c), to review
only the following actions:
(i) A DOE determination that the
awardee has failed to comply with the
applicable requirements of the award;
(ii) Termination of an award, in whole
or in part, by DOE;
(iii) The application by DOE of an
indirect cost rate; and
(iv) DOE disallowance of costs.
(2) In reviewing appeals authorized
under paragraph (c)(1) of this section,
the SPE is bound by the applicable law,
statutes, and rules, including the
requirements of this part, and by the
articles or terms and conditions of the
award.
(3) The decision of the SPE shall be
the final decision of DOE.
Subpart D—Appropriate Use of
Technology Investment Agreements
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§ 930.400 Use of Technology Investment
Agreements (TIAs).
For purposes of this part, a
Technology Investment Agreements
(TIA) is a special type of other
transaction (OT) agreement that is an
assistance instrument used to increase
involvement of a for-profit entity or
segment of a for-profit entity (e.g., a
division or other business unit) that
does a substantial portion of its business
in the commercial marketplace in
Department of Energy’s (DOE) research,
development, and demonstration
(RD&D) programs. A TIA requires
substantial Federal involvement in the
technical or management aspects of the
project. The goal for using a TIA is to
broaden the technology base available to
meet DOE mission requirements and
foster within the technology base new
relationships and practices to advance
the national economic and energy
security of the United States, to promote
scientific and technological innovation
in support of that mission, and to ensure
the environmental cleanup of the
national nuclear weapons complex. A
TIA therefore is designed to reduce
barriers to participation in RD&D
programs by for-profit entities that deal
primarily in the commercial
marketplace. A TIA allows Agreements
Officers (AO), meaning the cognizant
warranted DOE or National Nuclear
Security Administration official
authorized to execute and administer
OT agreements, to tailor Government
requirements and lower or remove
barriers if it can be done with proper
stewardship of Federal funds. A TIA
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may also promote new relationships
among performers in the technology
base. Collaborations among for-profit
entities that deal primarily in the
commercial marketplace, firms that
regularly perform on the DOE RD&D
programs and nonprofit organizations
can enhance overall quality and
productivity.
§ 930.405
TIA awardees.
(a) A Technology Investment
Agreements (TIA) may be awarded to a
single entity or multiple entities (e.g., a
teaming arrangement) in prime awardsubaward relationships.
(b) A TIA requires one or more forprofit entities, not acting in their
capacity as the contractor operating a
Federally Funded Research and
Development Center (FFRDC), to be
involved either in the:
(1) Performance of the research,
development, and demonstration
(RD&D) project; or
(2) The commercial application of the
results of the RD&D project.
(c)(1) In those cases where there is
only a non-profit awardee or a
consortium of non-profit entities or nonprofit entities and FFRDC contractors
(as sub-awardees), if and as authorized,
the awardees must have at least a
tentative agreement with a specific forprofit entity or entities that plan on
being involved in the commercial
application of the results.
(2) In consultation with legal counsel,
the Agreements Officer, meaning the
cognizant warranted Department of
Energy or National Nuclear Security
Administration official authorized to
execute and administer OT agreements,
must review the agreement between the
parties to ensure that the for-profit
entity is committed to being involved in
the commercial application of the
results.
§ 930.410 Purchase of real property and
equipment by for-profit firms.
Federal funds provided under another
transaction (OT) agreement to for-profit
entities must not be used to purchase
real property or equipment. If the OT
agreement requires the purchase of real
property or equipment, the for-profit
entity must use its own funds that are
separate from the research,
development, and demonstration
project. The Agreements Officer,
meaning the cognizant warranted
Department of Energy or National
Nuclear Security Administration official
authorized to execute and administer
OT agreements, should allow the forprofit participant to charge to an
expenditure-based award or include in
the cost estimate for fixed-support
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199
award, only depreciation or use charges
for the real property or equipment. Note
that the for-profit must charge
depreciation consistently with its usual
accounting practices and policies. Many
for-profits treat depreciation as an
indirect cost. Any for-profit that usually
charges depreciation indirectly for a
particular type of property must not
charge depreciation for that property as
a direct cost to the OT agreement.
§ 930.415
Government participation.
A Technology Investment Agreements
is used to carry out cooperative
relationships between the Federal
Government and the awardee(s) which
require substantial involvement of the
Government in the technical and/or
management aspects of the research,
development, and demonstration
(RD&D) project.
Title 10
PART 603—[REMOVED AND
RESERVED]
2. Under the authority of 42 U.S.C.
7101 et seq.; 31 U.S.C. 6301–6308; 50
U.S.C. 2401 et seq., part 603 is removed
and reserved.
■
[FR Doc. 2024–30636 Filed 1–2–25; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF AGRICULTURE
Rural Housing Service
7 CFR Parts 3550 and 3555
[Docket No. RHS–24–SFH–0034]
RIN 0575–AD32
Updating Manufactured Housing
Provisions
Rural Housing Service,
Department of Agriculture (USDA).
ACTION: Final rule.
AGENCY:
The Rural Housing Service
(RHS or the Agency), a Rural
Development (RD) agency of the United
States Department of Agriculture
(USDA), is amending the current
regulations for the Single Family
Housing (SFH) Direct Loan Program and
the SFH Guaranteed Loan Program. The
intent of this final rule is to allow the
Agency to give borrowers increased
purchase options within a competitive
market and increase adequate housing
along with an enhanced customer
experience with the SFH programs.
DATES: This final rule is effective March
4, 2025.
FOR FURTHER INFORMATION CONTACT:
Sonya Evans, Finance & Loan Analyst,
SUMMARY:
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SFH Direct Loan Division, Rural
Housing Service, Rural Development,
United States Department of
Agriculture, 1400 Independence Avenue
SW, Washington, DC 20250, Phone:
423–268–4333, Email: sonya.evans@
usda.gov. Or contact Stephanie
Freeman, Finance & Loan Analyst,
Policy, Analysis, and Communications
Branch, Single Family Housing
Guaranteed Loan Division, Rural
Housing Service, Rural Development,
United States Department of
Agriculture, 1400 Independence Avenue
SW, Washington, DC 20250, Phone:
314–457–6413, Email:
stephanie.freeman@usda.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The USDA RHS offers a variety of
programs to build or improve housing
and essential community facilities in
rural areas. RHS offers loans, grants, and
loan guarantees for single- and
multifamily housing, childcare centers,
fire and police stations, hospitals,
libraries, nursing homes, schools, first
responder vehicles and equipment, and
housing for farm laborers. The Agency
also provides technical assistance loans
and grants in partnership with nonprofit organizations, Indian tribes, state
and federal government agencies, and
local communities.
Well built, affordable housing is
essential to the vitality of communities
in rural America. RD Single Family
Housing (SFH) Programs give families
and individuals the opportunity to buy,
build, or repair affordable homes
located in rural America. Eligibility for
these loans, loan guarantees, and grants
is based on income and varies according
to the average median income for each
area.
RHS administers the following SFH
Programs under 7 CFR parts 3550 and
3555 authorized by section 502 of the
Housing Act of 1949, as amended, (42
U.S.C. 1472):
b Section 502 Direct Loan Program
assists low- and very low-income
applicants who currently do not own
adequate housing and cannot obtain
other credit, the opportunity to acquire,
build, rehabilitate, improve, or relocate
dwellings in rural areas.
b Section 502 Guaranteed Loan
Program assists low- and moderateincome applicants the opportunity to
acquire, build, rehabilitate, improve, or
relocate dwellings in rural areas.
II. Discussion of Public Comments
RHS published a proposed rule on
August 16, 2023 (88 FR 55601) to amend
the current regulations for the SingleFamily Housing Direct and Guaranteed
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Programs found in 7 CFR part 3550 and
3555, respectfully. The Agency received
comments from 35 respondents,
including mortgage lenders, real estate
agents, brokers, associations, and other
interested parties. Specific public
comments are addressed below:
Public Comment: Twenty-seven
respondents replied favorably to the
proposed rule with some indicating that
manufactured homes are affordable
housing options for homebuyers, will
assist in alleviating the nation’s housing
supply shortages in response to the
growing demand for low-price housing,
provide a better housing affordability
option relative to site-built homes, and
the improved quality and durability of
these type homes has increased the
chances of homeownership for lowerincome families.
Agency’s Response: The Agency
appreciates the commenters’ support
and has determined that no action is
required.
Public Comment: Three respondents
expressed support of the proposed rule
but suggested that the program be
expanded to include all states and
include manufactured homes built after
June 15, 1976, to align with the
requirements set forth by other agencies
and government-sponsored enterprises
such as, FHA, VA, Fannie Mae, and
Freddie Mac.
Agency’s Response: The Agency
acknowledges the recommendation and
would like to note that the final rule
will expand the program for financing of
eligible existing manufactured housing
to include all states. However, the
consideration of year in which a
manufactured home must be built to for
eligibility takes into account the
Manufactured Housing Improvement
Act of 2000 which set forth Federal
guidelines that all factory-built housing
must meet and further amendments to
the Federal Manufactured Home
Construction and Safety Standards
(FMHCSS). The January 1, 2006,
construction on or after date was
initially selected for the pilot period.
This final rule changes the regulatory
restrictions for the SFH Section 502
Direct Loan Program and the SFH
Guaranteed Loan Program and allows
the programs to lend on existing
manufactured homes built in
conformance with FMHCSS standards,
on or after a date, as determined by the
Agency, considering factors such as
industry standards and practices.
Public Comment: Two respondents
expressed support for the proposed rule
but suggested that the existing
manufactured construction year date be
expanded for homes built prior to 2006.
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Agency’s Response: The Agency
appreciates the commenters’ responses.
The January 1, 2006, construction on or
after date was initially selected for the
pilot period. This final rule revises the
regulation to allow the programs to lend
on existing manufactured homes built in
conformance with FMHCSS standards,
on or after a date, as determined by the
Agency, with consideration of factors
such as industry standards and
practices. Existing manufactured homes
financed through the section 502 Direct
and Guaranteed programs cannot be
built on or after a date as determined by
the Agency, as identified on the HUD
data plate, at the time of loan closing.
Public Comment: One respondent
expressed support of the proposal and
provided additional responses to the
questions posed in the proposed rule.
The respondent wanted to know why
USDA was restricting eligibility to those
homes built on or after January 1, 2006,
if VA and FHA allow for manufactured
homes built on or after June 15, 1976.
Agency’s Response: The Agency
acknowledges the recommendation. The
January 1, 2006, construction on or after
date was initially selected for the pilot
period. This final rule revises the
regulatory restrictions and allows the
section 502 Direct and Guaranteed
programs to lend on existing
manufactured homes built in
conformance with FMHCSS standards,
on or after a date, as determined by the
Agency, considering factors such as
industry standards and practices.
Public Comment: One respondent
expressed support of the proposed rule
but believed that the handbook should
be updated to clarify that the home must
meet HUD handbooks and needs to be
on piers and strapped down in
accordance with HUD Standards for
foundations which would be consistent
with FHA guidelines.
Agency’s Response: The Agency
acknowledges the recommendation.
RHS will require all existing
manufactured homes to have been
constructed and placed on a permanent
foundation in accordance with 7 CFR
part 1924, subpart A, exhibit J, as
applicable to the Direct Program, and
the FMHCSS, established by HUD and
found in 24 CFR part 3280 for both
Direct and Guaranteed programs.
Public Comment: One respondent
replied with concerns of the proposal
and believed that although there is a
need for affordable housing, adding
manufactured homes as an asset class
would reduce the opportunity for
families to build generational wealth
and increase government risk due
average life expectancy of a
manufactured home.
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Agency’s Response: The Agency
appreciates the commenter’s response.
The regulatory requirement in 7 CFR
3550.67, applicable to the 502 Direct
loan program, requires that the
remaining economic life of the property
based on the appraisal must meet or
exceed the loan term. For both the
Direct and Guaranteed programs, the
maximum term for financing
manufactured housing cannot exceed 30
years. Once rulemaking is final, RHS
will continue to require that existing
manufactured homes be built in
conformance with the Manufactured
Housing Act of 2000 and FMHCSS,
which require higher construction
standards such as quality building
materials, structural design provisions,
and installation improvements, thus
increasing the life expectancy and
value.
Summary of Changes to Rule
This final rule will amend these
program regulations to implement
changes to permit the purchase of
existing manufactured homes
[(§§ 3550.52(e)(1), 3550.73(b)(1),
3555.208(a)(3), 3555.208(b)(3), and
3555.208(e)], allow the Agency to accept
a lease with an unexpired term that is
at least two years longer than the loan
term for new energy efficient
manufactured and modular home
financing in land-lease communities
operating on a nonprofit basis and
Tribal lands [§§ 3550.58(b) and
3555.203(b)(3)], and amend the
definition of a ‘‘New dwelling’’ for a
manufactured home (§ 3555.10). For
direct loans only, remove the
administrative requirements from the
regulations for review and approval of
applications from manufactured
housing dealers [§ 3550.73(c)] and revise
the definition of ‘‘Manufactured home’’
to remove reference to RHS thermal
performance standards (§ 3550.10).
This final rule will implement the
changes as published in the proposed
rule (88 FR 55601; August 16, 2023).
The requirements of the proposed rule
for 7 CFR parts 3550 and 3555 as
follows:
Update the definition of
manufactured home under § 3550.10, by
removing reference to ‘‘RHS Thermal
Performance Standards’’ for 502 Direct
loans. SFH is exempt from RHS Thermal
Performance Standards compliance.
1. Remove paragraph (c) from
§ 3550.73 which requires Agency
approval of manufactured housing
dealers for Direct loans;
2. Update the definition of a new
dwelling for a manufactured home
under § 3555.10, by removing reference
to ‘‘purchase contract’’ and replacing
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the text with ‘‘date of loan closing’’ for
502 Guaranteed loans.
3. Update §§ 3550.52(e)(1),
3550.73(b)(1), add new paragraph (a)(3)
to § 3555.208, update §§ 3555.208(b)(3)
and 3555.208(e) to clarify that borrowers
are allowed, under the Direct and
Guaranteed loan programs, to purchase
existing manufactured homes
constructed in conformance with
FMHCSS, on or after a date, as
determined by the Agency.
4. Update §§ 3550.58(b) and
3555.203(b)(3) so that, for the direct and
guaranteed loan programs, the Agency
will accept a land-lease with an
unexpired term that is at least two years
longer than the mortgage term for new
energy efficient manufactured and
modular home financing in Tribal and
land-lease communities operating on a
nonprofit basis.
IV. Regulatory Information
Statutory Authority
Section 510(k) of title V the Housing
Act of 1949 [42 U.S.C. 1480(k)], as
amended, authorizes the Secretary of
the Department of Agriculture to
promulgate rules and regulations as
deemed necessary to carry out the
purpose of that title; and implemented
under 7 CFR parts 3550 and 3555.
Executive Order 12372,
Intergovernmental Review of Federal
Programs
These programs are not subject to the
requirements of Executive Order 12372,
‘‘Intergovernmental Review of Federal
Programs,’’ as implemented under the
USDA’s regulations at 2 CFR part 415,
subpart C.
Executive Order 12866 and 13563
Executive Orders 12866 (Regulatory
Planning and Review) and 13563
(Improving Regulation and Regulatory
Review) direct agencies to assess the
costs and benefits of available regulatory
alternatives and, if a regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and promoting flexibility. This final rule
has been determined to be nonsignificant and, therefore, was not
reviewed by the Office of Management
and Budget (OMB) under Executive
Order 12866.
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201
Executive Order 12988, Civil Justice
Reform
This final rule has been reviewed
under Executive Order 12988. In
accordance with this rule: unless
otherwise specifically provided, all
State and local laws that conflict with
this rule will be preempted; no
retroactive effect will be given to this
rule except as specifically prescribed in
the rule; and administrative proceedings
of the National Appeals Division of the
Department of Agriculture (7 CFR part
11) must be exhausted before suing in
court that challenges action taken under
this rule.
Executive Order 13132, Federalism
The policies contained in this final
rule do not have any substantial direct
effect on States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. This rule
does not impose substantial direct
compliance costs on state and local
governments; therefore, consultation
with States is not required.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
This Executive order imposes
requirements on RHS in the
development of regulatory policies that
have tribal implications or preempt
tribal laws. RHS has determined that
this final rule does not have a
substantial direct effect on one or more
Indian tribe(s) or on either the
relationship or the distribution of
powers and responsibilities between the
Federal Government and Indian tribes.
Thus, this rule is not subject to the
requirements of Executive Order 13175.
If tribal leaders are interested in
consulting with RHS on this rule, they
are encouraged to contact USDA’s Office
of Tribal Relations or RD’s Tribal
Coordinator at: AIAN@usda.gov to
request such a consultation.
Unfunded Mandates Reform Act
(UMRA)
Title II of the UMRA, Public Law 104–
4, establishes requirements for Federal
agencies to assess the effects of their
regulatory actions on State, local, and
Tribal Governments and on the private
sector. Under section 202 of the UMRA,
the Agency generally must prepare a
written statement, including cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures to State, local, or
Tribal Governments, in the aggregate, or
to the private sector, of $100 million or
more in any one year. When such a
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statement is needed for a rule, section
205 of the UMRA generally requires the
Agency to identify and consider a
reasonable number of regulatory
alternatives and adopt the least costly,
more cost-effective, or least burdensome
alternative that achieves the objectives
of the rule.
This final rule contains no Federal
mandates (under the regulatory
provisions of title II of the UMRA) for
state, local, and tribal Governments or
for the private sector. Therefore, this
rule is not subject to the requirements
of sections 202 and 205 of the UMRA.
National Environmental Policy Act
In accordance with the National
Environmental Policy Act of 1969,
Public Law 91–190, this document has
been reviewed in accordance with 7
CFR part 1970 (‘‘Environmental Policies
and Procedures’’). The Agency has
determined that: This action meets the
criteria established in 7 CFR 1970.53(f);
no extraordinary circumstances exist;
and the action is not ‘‘connected’’ to
other actions with potentially
significant impacts, is not considered a
‘‘cumulative action’’ and is not
precluded by 40 CFR 1506.1. Therefore,
the Agency has determined that the
action does not have a significant effect
on the human environment, and
therefore neither an Environmental
Assessment nor an Environmental
Impact Statement is required.
Administrative Pay-As-You-Go Act of
2023
The Administrative Pay-As-You-Go
Act of 2023 (Act) (see Fiscal
Responsibility Act of 2023, Pub. L. 118–
5, 137 Stat. 31, div. B, title III), requires
the U.S. Government Accountability
Office (GAO) to assess agency
compliance with the Act, which
establishes requirements for
administrative actions that affect direct
spending, in GAO’s major rule reports.
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Regulatory Flexibility Act
This final rule has been reviewed
with regard to the requirements of the
Regulatory Flexibility Act (5 U.S.C.
601–612). The undersigned has
determined and certified by signature
on this document that this proposed
rule will not have a significant
economic impact on a substantial
number of small entities since this
rulemaking action does not involve a
new or expanded program nor does it
require any more action on the part of
a small business than required of a large
entity.
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Civil Rights Impact Analysis
Rural Development has reviewed this
final rule in accordance with USDA
Regulation 4300–004, Civil Rights
Impact Analysis,’’ to identify any major
civil rights impacts the proposed rule
might have on program participants on
the basis of age, race, color, national
origin, sex, disability, marital or familial
status. After review and analysis of the
final rule and available data, it has been
determined that implementation of the
final rule will not adversely or
disproportionately impact very low-,
low- and moderate-income populations,
minority populations, women, Indian
Tribes, or persons with disability by
virtue of their race, color, national
origin, sex, age, disability, or marital or
familial status. No major civil rights
impact is likely to result from this final
rule.
Programs Affected
The programs affected by this
regulation are listed in the Assistance
Listing Catalog under number 10.410,
Very Low to Moderate Income Housing
Loans (section 502 Rural Housing
Loans), and number 10.417, Very LowIncome Housing Repair Loans and
Grants (specifically the section 504
direct loans and grants).
Paperwork Reduction Act
This final rule contains no new
reporting or recordkeeping burden
under OMB Control Number 0575–0172
that would require approval under the
Paperwork Reduction Act of 1995 (44
U.S.C. chapter 35).
E-Government Act Compliance
RHS is committed to complying with
the E-Government Act by promoting the
use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information,
services, and other purposes.
Non-Discrimination Policy
In accordance with Federal civil
rights laws and U.S. Department of
Agriculture (USDA) civil rights
regulations and policies, the USDA, its
Mission Areas, agencies, staff offices,
employees, and institutions
participating in or administering USDA
programs are prohibited from
discriminating based on race, color,
national origin, religion, sex, gender
identity (including gender expression),
sexual orientation, disability, age,
marital status, family/parental status,
income derived from a public assistance
program, political beliefs, or reprisal or
retaliation for prior civil rights activity,
in any program or activity conducted or
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funded by USDA (not all bases apply to
all programs). Remedies and complaint
filing deadlines vary by program or
incident.
Program information may be made
available in languages other than
English. Persons with disabilities who
require alternative means of
communication to obtain program
information (e.g., Braille, large print,
audiotape, American Sign Language)
should contact the responsible Mission
Area, agency, staff office; or the Federal
Relay Service at (800) 877–8339.
To file a program discrimination
complaint, a complainant should
complete a Form AD–3027, USDA
Program Discrimination Complaint
Form, which can be obtained online at
https://www.usda.gov/sites/default/
files/documents/ad-3027.pdf, from any
USDA office, by calling (866) 632–9992,
or by writing a letter addressed to
USDA. The letter must contain the
complainant’s name, address, telephone
number, and a written description of the
alleged discriminatory action in
sufficient detail to inform the Assistant
Secretary for Civil Rights (ASCR) about
the nature and date of an alleged civil
rights violation. The completed AD–
3027 form or letter must be submitted to
USDA by:
1. Mail: U.S. Department of Agriculture,
Office of the Assistant Secretary for
Civil Rights, 1400 Independence
Avenue SW, Washington, DC 20250–
9410; or
2. Fax: (833) 256–1665 or (202) 690–
7442; or
3. Email: program.intake@usda.gov.
USDA is an equal opportunity
provider, employer, and lender.
List of Subjects
7 CFR Part 3550
Administrative practice and
procedure, Environmental impact
statements, Fair housing, Grant
programs—housing and community
development, Housing, Loan programshousing and community development,
low- and moderate-income housing,
Reporting and recordkeeping
requirements, Rural areas.
7 CFR Part 3555
Administrative practice and
procedure, Business and industry,
Conflicts of interest, Credit,
Environmental impact statements, Fair
housing, Flood insurance, Grant
programs—housing and community
development, home improvement,
Housing, Loan programs—housing and
community development, low and
moderate-income housing,
Manufactured homes, Mortgages,
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Reporting and recordkeeping
requirements, Rural areas.
For the reasons discussed in the
preamble, the Agency is amending 7
CFR parts 3550 and 3555 as follows:
PART 3550—DIRECT SINGLE FAMILY
HOUSING LOANS AND GRANTS
1. The authority citation for part 3550
continues to read as follows:
■
§ 3550.73
Authority: 5 U.S.C. 301; 42 U.S.C. 1480.
2. Amend § 3550.10 by revising the
first sentence of the Manufactured home
definition to read as follows:
■
Definitions.
*
*
*
*
*
Manufactured home. A structure that
is built to Federal Manufactured Home
Construction and Safety Standards
established by HUD and found at 24
CFR part 3280. * * *
*
*
*
*
*
Subpart B—Section 502 Origination
3. Amend § 3550.52 by revising
paragraph (e)(1) to read as follows:
■
§ 3550.52
Loan purposes.
*
*
*
*
*
(e) * * *
(1) Purchase an existing manufactured
home (unless the unit was constructed
in conformance with Federal
Manufactured Home Construction and
Safety Standards (FMHCSS) as
evidenced by both an affixed HUD
Certification label and HUD Data Plate
on or after a date determined by the
Agency, considering factors such as
industry standards and practices; and
has not been previously installed on a
different homesite or had any alterations
since construction in the factory (except
for porches, decks or other structures
which were built to engineered designs
or were approved and inspected by local
code officials), or for any other purposes
prohibited in § 3550.73(b).
*
*
*
*
*
■ 4. Amend § 3550.58 by adding a
sentence to the end of paragraph (b) to
read as follows:
§ 3550.58
Ownership requirements.
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*
*
*
*
*
(b) * * * For new energy efficient
manufactured and modular home
financing in land-lease communities
operating on a nonprofit basis, and on
Tribal Trust land, individual (allotted)
Trust land, or Tribal restricted fee land,
the Agency will accept a lease with an
VerDate Sep<11>2014
16:38 Jan 02, 2025
Manufactured homes.
*
Subpart A—General
§ 3550.10
unexpired term that is at least 2 years
longer than the loan term.
*
*
*
*
*
■ 5. Amend § 3550.73 by:
■ a. Revising paragraph (b)(1); and
■ b. Removing paragraph (c) and
redesignating paragraphs (d) through (h)
as paragraphs (c) through (g),
respectively.
The revision reads as follows:
Jkt 265001
*
*
*
*
(b) * * *
(1) An existing unit and site unless it
is already financed with a section 502
loan; or is an RHS REO property; or the
unit was constructed in conformance
with FMHCSS standards as evidenced
by both an affixed HUD Certification
label and a HUD Data Plate on or after
date determined by the Agency, is
installed on a permanent foundation
which meets HUD regulations and 7
CFR part 1924, subpart A, exhibit J, and
has not been previously installed on a
different homesite or had any alterations
since construction in the factory, except
as specified in the program handbook.
*
*
*
*
*
203
(allotted) Trust land, or Tribal restricted
fee land, where the lease must have an
unexpired term at least equal to the term
of the loan. Leases on Tribal Trust land,
individual Trust (allotted) land, or
Tribal restricted fee land, for period of
25 years which are renewable for a
second 25 year period are permissible,
as are leases of a longer duration. For
new energy efficient manufactured and
modular home financing in land-lease
communities operating on a nonprofit
basis and on Tribal Trust land, the
Agency will accept a lease with an
unexpired term that is at least two years
longer than the loan term;
*
*
*
*
*
■ 9. Amend § 3555.208 by:
■ a. Adding paragraph (a)(3);
■ b. Revising paragraphs (b)(3)(iii) and
(iv); and
■ c. Revising paragraph (e).
The addition and revisions read as
follows:
§ 3555.208 Special requirements for
manufactured homes.
*
*
*
*
(a) * * *
(3) An existing unit and site,
provided:
(i) The unit was constructed in
PART 3555—GUARANTEED RURAL
conformance with the Federal
HOUSING PROGRAM
Manufactured Home Construction and
Safety Standards (FMHCSS) as
■ 6. The authority citation for part 3555
evidenced by both an affixed HUD
continues read as follows:
Certification label and HUD Data Plate;
Authority: 5 U.S.C. 301; 42 U.S.C. 1471 et
and
seq.
(ii) The unit was installed on a
permanent
foundation in accordance
Subpart A—General
with the manufacturer’s requirements
and HUD installation standards.
■ 7. Amend § 3555.10 by revising the
second sentence of the definition of New Certification of a proper foundation is
required; and
dwelling to read as follows:
(iii) The unit has not been previously
§ 3555.10 Definitions and abbreviations.
installed on a different homesite, or had
any alterations since construction in the
*
*
*
*
*
New dwelling. * * * A manufactured factory, except for porches, decks or
other structures which were built to
home is considered a new unit if the
manufacturer’s date is within 12 months engineered designs or were approved
and inspected by local code officials;
from the date of loan closing and the
and
unit has never been occupied or
(iv) The unit was constructed on or
installed at any other location as
after a date determined by the Agency.
otherwise provided by Rural
(b) * * *
Development.
(3) * * *
*
*
*
*
*
(iii) The unit and site are being sold
from
the lender’s inventory, and the
Subpart E—Underwriting the Property
loan for which the unit and site served
as security was a loan guaranteed by
■ 8. Amend § 3555.203 by revising
Rural Development; or
paragraph (b)(3) to read as follows:
(iv) The existing manufactured home
§ 3555.203 Ownership requirements.
meets all of the following requirements:
(A) The unit was constructed in
*
*
*
*
*
conformance with the Federal
(b) * * *
Manufactured Home Construction and
(3) The lease has an unexpired term
of at least 45 years from the date of loan Safety Standards (FMHCSS) as
evidenced by an affixed HUD
closing, except in the case of properties
located on Tribal Trust land, individual Certification label and HUD Data Plate;
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*
E:\FR\FM\03JAR1.SGM
03JAR1
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Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 / Rules and Regulations
(B) The unit was installed on a
permanent foundation complying with
manufacturer and HUD installation
standards. The foundation design meets
HUD standards for manufactured
housing;
(C) The unit has not had any
alterations or modifications since
construction in the factory, except for
porches, decks or other structures which
were built to engineered designs or were
approved and inspected by local code
officials; and
(D) The unit was constructed on or
after a date determined by the Agency.
*
*
*
*
*
(e) HUD requirements. The FMHCSS
and HUD requirements may be found in
24 CFR part 3280.
*
*
*
*
*
Yvonne Hsu,
Acting Administrator, Rural Housing Service.
[FR Doc. 2024–30270 Filed 1–2–25; 8:45 am]
BILLING CODE 3410–XV–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2024–0180]
RIN 3150–AL21
List of Approved Spent Fuel Storage
Casks: NAC International, Inc.
MAGNASTOR® Storage System,
Certificate of Compliance No. 1031,
Amendment No. 14 and Revisions to
Amendment Nos. 0 Through 13
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the NAC International, Inc.
MAGNASTOR® Storage System listing
within the ‘‘List of approved spent fuel
storage casks’’ to include Amendment
No. 14 and revisions to Amendment
Nos. 0 through 13 to Certificate of
Compliance No. 1031. Amendment No.
14 and revisions to Amendment Nos. 0
through 13 revise the certificate of
compliance to add a revised method of
evaluation for the non-mechanistic
tipover accident, clarify in the technical
specifications that damaged missing
grid spacers only apply to pressurizedwater reactor fuel assembles, clarify
inlet and outlet vent blockage and
surveillance requirements in limiting
condition for operation 3.1.2 in
Appendix A to the certificate of
compliance and associated technical
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:38 Jan 02, 2025
Jkt 265001
specification bases, and remove the
reference to Type II Portland cement in
the description of the certificate of
compliance. The NRC is also correcting
typographical errors in Revision 1 to
Amendment Nos. 11 to 13 and
Amendment No. 14 to Certificate of
Compliance No. 1031.
DATES: This direct final rule is effective
March 19, 2025, unless significant
adverse comments are received by
February 3, 2025. If this direct final rule
is withdrawn as a result of such
comments, timely notice of the
withdrawal will be published in the
Federal Register. Comments received
after this date will be considered if it is
practical to do so, but the NRC is able
to ensure consideration only for
comments received on or before this
date. Comments received on this direct
final rule will also be considered to be
comments on a companion proposed
rule published in the Proposed Rules
section of this issue of the Federal
Register.
ADDRESSES: Submit your comments,
identified by Docket ID NRC–2024–
0180, at https://www.regulations.gov. If
your material cannot be submitted using
https://www.regulations.gov, call or
email the individuals listed in the FOR
FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
You can read a plain language
description of this direct final rule at
https://www.regulations.gov/docket/
NRC-2024-0180. For additional
direction on obtaining information and
submitting comments, see ‘‘Obtaining
Information and Submitting Comments’’
in the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
Irene Wu, Office of Nuclear Material
Safety and Safeguards, telephone: 301–
415–1951, email: Irene.Wu@nrc.gov, and
Nishka Devaser, telephone: 301–415–
5196, email: Nishka.Devaser@nrc.gov.
Both are staff of the U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
SUPPLEMENTARY INFORMATION:
TABLE OF CONTENTS:
I. Obtaining Information and Submitting
Comments
II. Rulemaking Procedure
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding
of No Significant Impact
IX. Paperwork Reduction Act Statement
X. Regulatory Flexibility Certification
XI. Regulatory Analysis
XII. Backfitting and Issue Finality
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Frm 00016
Fmt 4700
Sfmt 4700
XIII. Congressional Review Act
XIV. Availability of Documents
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2024–
0180 when contacting the NRC about
the availability of information for this
action. You may obtain publicly
available information related to this
action by any of the following methods:
• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2024–0180. Address
questions about NRC dockets to Helen
Chang, telephone: 301–415–3228, email:
Helen.Chang@nrc.gov. For technical
questions contact the individuals listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to
PDR.Resource@nrc.gov. For the
convenience of the reader, instructions
about obtaining materials referenced in
this document are provided in the
‘‘Availability of Documents’’ section.
• NRC’s PDR: The PDR, where you
may examine and order copies of
publicly available documents, is open
by appointment. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8 a.m. and 4 p.m. eastern
time, Monday through Friday, except
Federal holidays.
B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2024–0180 in your
comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
E:\FR\FM\03JAR1.SGM
03JAR1
Agencies
[Federal Register Volume 90, Number 2 (Friday, January 3, 2025)]
[Rules and Regulations]
[Pages 199-204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30270]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Housing Service
7 CFR Parts 3550 and 3555
[Docket No. RHS-24-SFH-0034]
RIN 0575-AD32
Updating Manufactured Housing Provisions
AGENCY: Rural Housing Service, Department of Agriculture (USDA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Rural Housing Service (RHS or the Agency), a Rural
Development (RD) agency of the United States Department of Agriculture
(USDA), is amending the current regulations for the Single Family
Housing (SFH) Direct Loan Program and the SFH Guaranteed Loan Program.
The intent of this final rule is to allow the Agency to give borrowers
increased purchase options within a competitive market and increase
adequate housing along with an enhanced customer experience with the
SFH programs.
DATES: This final rule is effective March 4, 2025.
FOR FURTHER INFORMATION CONTACT: Sonya Evans, Finance & Loan Analyst,
[[Page 200]]
SFH Direct Loan Division, Rural Housing Service, Rural Development,
United States Department of Agriculture, 1400 Independence Avenue SW,
Washington, DC 20250, Phone: 423-268-4333, Email: [email protected].
Or contact Stephanie Freeman, Finance & Loan Analyst, Policy, Analysis,
and Communications Branch, Single Family Housing Guaranteed Loan
Division, Rural Housing Service, Rural Development, United States
Department of Agriculture, 1400 Independence Avenue SW, Washington, DC
20250, Phone: 314-457-6413, Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The USDA RHS offers a variety of programs to build or improve
housing and essential community facilities in rural areas. RHS offers
loans, grants, and loan guarantees for single- and multifamily housing,
childcare centers, fire and police stations, hospitals, libraries,
nursing homes, schools, first responder vehicles and equipment, and
housing for farm laborers. The Agency also provides technical
assistance loans and grants in partnership with non-profit
organizations, Indian tribes, state and federal government agencies,
and local communities.
Well built, affordable housing is essential to the vitality of
communities in rural America. RD Single Family Housing (SFH) Programs
give families and individuals the opportunity to buy, build, or repair
affordable homes located in rural America. Eligibility for these loans,
loan guarantees, and grants is based on income and varies according to
the average median income for each area.
RHS administers the following SFH Programs under 7 CFR parts 3550
and 3555 authorized by section 502 of the Housing Act of 1949, as
amended, (42 U.S.C. 1472):
[ballot] Section 502 Direct Loan Program assists low- and very low-
income applicants who currently do not own adequate housing and cannot
obtain other credit, the opportunity to acquire, build, rehabilitate,
improve, or relocate dwellings in rural areas.
[ballot] Section 502 Guaranteed Loan Program assists low- and
moderate-income applicants the opportunity to acquire, build,
rehabilitate, improve, or relocate dwellings in rural areas.
II. Discussion of Public Comments
RHS published a proposed rule on August 16, 2023 (88 FR 55601) to
amend the current regulations for the Single-Family Housing Direct and
Guaranteed Programs found in 7 CFR part 3550 and 3555, respectfully.
The Agency received comments from 35 respondents, including mortgage
lenders, real estate agents, brokers, associations, and other
interested parties. Specific public comments are addressed below:
Public Comment: Twenty-seven respondents replied favorably to the
proposed rule with some indicating that manufactured homes are
affordable housing options for homebuyers, will assist in alleviating
the nation's housing supply shortages in response to the growing demand
for low-price housing, provide a better housing affordability option
relative to site-built homes, and the improved quality and durability
of these type homes has increased the chances of homeownership for
lower-income families.
Agency's Response: The Agency appreciates the commenters' support
and has determined that no action is required.
Public Comment: Three respondents expressed support of the proposed
rule but suggested that the program be expanded to include all states
and include manufactured homes built after June 15, 1976, to align with
the requirements set forth by other agencies and government-sponsored
enterprises such as, FHA, VA, Fannie Mae, and Freddie Mac.
Agency's Response: The Agency acknowledges the recommendation and
would like to note that the final rule will expand the program for
financing of eligible existing manufactured housing to include all
states. However, the consideration of year in which a manufactured home
must be built to for eligibility takes into account the Manufactured
Housing Improvement Act of 2000 which set forth Federal guidelines that
all factory-built housing must meet and further amendments to the
Federal Manufactured Home Construction and Safety Standards (FMHCSS).
The January 1, 2006, construction on or after date was initially
selected for the pilot period. This final rule changes the regulatory
restrictions for the SFH Section 502 Direct Loan Program and the SFH
Guaranteed Loan Program and allows the programs to lend on existing
manufactured homes built in conformance with FMHCSS standards, on or
after a date, as determined by the Agency, considering factors such as
industry standards and practices.
Public Comment: Two respondents expressed support for the proposed
rule but suggested that the existing manufactured construction year
date be expanded for homes built prior to 2006.
Agency's Response: The Agency appreciates the commenters'
responses. The January 1, 2006, construction on or after date was
initially selected for the pilot period. This final rule revises the
regulation to allow the programs to lend on existing manufactured homes
built in conformance with FMHCSS standards, on or after a date, as
determined by the Agency, with consideration of factors such as
industry standards and practices. Existing manufactured homes financed
through the section 502 Direct and Guaranteed programs cannot be built
on or after a date as determined by the Agency, as identified on the
HUD data plate, at the time of loan closing.
Public Comment: One respondent expressed support of the proposal
and provided additional responses to the questions posed in the
proposed rule. The respondent wanted to know why USDA was restricting
eligibility to those homes built on or after January 1, 2006, if VA and
FHA allow for manufactured homes built on or after June 15, 1976.
Agency's Response: The Agency acknowledges the recommendation. The
January 1, 2006, construction on or after date was initially selected
for the pilot period. This final rule revises the regulatory
restrictions and allows the section 502 Direct and Guaranteed programs
to lend on existing manufactured homes built in conformance with FMHCSS
standards, on or after a date, as determined by the Agency, considering
factors such as industry standards and practices.
Public Comment: One respondent expressed support of the proposed
rule but believed that the handbook should be updated to clarify that
the home must meet HUD handbooks and needs to be on piers and strapped
down in accordance with HUD Standards for foundations which would be
consistent with FHA guidelines.
Agency's Response: The Agency acknowledges the recommendation. RHS
will require all existing manufactured homes to have been constructed
and placed on a permanent foundation in accordance with 7 CFR part
1924, subpart A, exhibit J, as applicable to the Direct Program, and
the FMHCSS, established by HUD and found in 24 CFR part 3280 for both
Direct and Guaranteed programs.
Public Comment: One respondent replied with concerns of the
proposal and believed that although there is a need for affordable
housing, adding manufactured homes as an asset class would reduce the
opportunity for families to build generational wealth and increase
government risk due average life expectancy of a manufactured home.
[[Page 201]]
Agency's Response: The Agency appreciates the commenter's response.
The regulatory requirement in 7 CFR 3550.67, applicable to the 502
Direct loan program, requires that the remaining economic life of the
property based on the appraisal must meet or exceed the loan term. For
both the Direct and Guaranteed programs, the maximum term for financing
manufactured housing cannot exceed 30 years. Once rulemaking is final,
RHS will continue to require that existing manufactured homes be built
in conformance with the Manufactured Housing Act of 2000 and FMHCSS,
which require higher construction standards such as quality building
materials, structural design provisions, and installation improvements,
thus increasing the life expectancy and value.
Summary of Changes to Rule
This final rule will amend these program regulations to implement
changes to permit the purchase of existing manufactured homes
[(Sec. Sec. 3550.52(e)(1), 3550.73(b)(1), 3555.208(a)(3),
3555.208(b)(3), and 3555.208(e)], allow the Agency to accept a lease
with an unexpired term that is at least two years longer than the loan
term for new energy efficient manufactured and modular home financing
in land-lease communities operating on a nonprofit basis and Tribal
lands [Sec. Sec. 3550.58(b) and 3555.203(b)(3)], and amend the
definition of a ``New dwelling'' for a manufactured home (Sec.
3555.10). For direct loans only, remove the administrative requirements
from the regulations for review and approval of applications from
manufactured housing dealers [Sec. 3550.73(c)] and revise the
definition of ``Manufactured home'' to remove reference to RHS thermal
performance standards (Sec. 3550.10).
This final rule will implement the changes as published in the
proposed rule (88 FR 55601; August 16, 2023). The requirements of the
proposed rule for 7 CFR parts 3550 and 3555 as follows:
Update the definition of manufactured home under Sec. 3550.10, by
removing reference to ``RHS Thermal Performance Standards'' for 502
Direct loans. SFH is exempt from RHS Thermal Performance Standards
compliance.
1. Remove paragraph (c) from Sec. 3550.73 which requires Agency
approval of manufactured housing dealers for Direct loans;
2. Update the definition of a new dwelling for a manufactured home
under Sec. 3555.10, by removing reference to ``purchase contract'' and
replacing the text with ``date of loan closing'' for 502 Guaranteed
loans.
3. Update Sec. Sec. 3550.52(e)(1), 3550.73(b)(1), add new
paragraph (a)(3) to Sec. 3555.208, update Sec. Sec. 3555.208(b)(3)
and 3555.208(e) to clarify that borrowers are allowed, under the Direct
and Guaranteed loan programs, to purchase existing manufactured homes
constructed in conformance with FMHCSS, on or after a date, as
determined by the Agency.
4. Update Sec. Sec. 3550.58(b) and 3555.203(b)(3) so that, for the
direct and guaranteed loan programs, the Agency will accept a land-
lease with an unexpired term that is at least two years longer than the
mortgage term for new energy efficient manufactured and modular home
financing in Tribal and land-lease communities operating on a nonprofit
basis.
IV. Regulatory Information
Statutory Authority
Section 510(k) of title V the Housing Act of 1949 [42 U.S.C.
1480(k)], as amended, authorizes the Secretary of the Department of
Agriculture to promulgate rules and regulations as deemed necessary to
carry out the purpose of that title; and implemented under 7 CFR parts
3550 and 3555.
Executive Order 12372, Intergovernmental Review of Federal Programs
These programs are not subject to the requirements of Executive
Order 12372, ``Intergovernmental Review of Federal Programs,'' as
implemented under the USDA's regulations at 2 CFR part 415, subpart C.
Executive Order 12866 and 13563
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the costs and benefits of available regulatory alternatives and, if a
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and promoting
flexibility. This final rule has been determined to be non-significant
and, therefore, was not reviewed by the Office of Management and Budget
(OMB) under Executive Order 12866.
Executive Order 12988, Civil Justice Reform
This final rule has been reviewed under Executive Order 12988. In
accordance with this rule: unless otherwise specifically provided, all
State and local laws that conflict with this rule will be preempted; no
retroactive effect will be given to this rule except as specifically
prescribed in the rule; and administrative proceedings of the National
Appeals Division of the Department of Agriculture (7 CFR part 11) must
be exhausted before suing in court that challenges action taken under
this rule.
Executive Order 13132, Federalism
The policies contained in this final rule do not have any
substantial direct effect on States, on the relationship between the
National Government and the States, or on the distribution of power and
responsibilities among the various levels of government. This rule does
not impose substantial direct compliance costs on state and local
governments; therefore, consultation with States is not required.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
This Executive order imposes requirements on RHS in the development
of regulatory policies that have tribal implications or preempt tribal
laws. RHS has determined that this final rule does not have a
substantial direct effect on one or more Indian tribe(s) or on either
the relationship or the distribution of powers and responsibilities
between the Federal Government and Indian tribes. Thus, this rule is
not subject to the requirements of Executive Order 13175. If tribal
leaders are interested in consulting with RHS on this rule, they are
encouraged to contact USDA's Office of Tribal Relations or RD's Tribal
Coordinator at: [email protected] to request such a consultation.
Unfunded Mandates Reform Act (UMRA)
Title II of the UMRA, Public Law 104-4, establishes requirements
for Federal agencies to assess the effects of their regulatory actions
on State, local, and Tribal Governments and on the private sector.
Under section 202 of the UMRA, the Agency generally must prepare a
written statement, including cost-benefit analysis, for proposed and
final rules with ``Federal mandates'' that may result in expenditures
to State, local, or Tribal Governments, in the aggregate, or to the
private sector, of $100 million or more in any one year. When such a
[[Page 202]]
statement is needed for a rule, section 205 of the UMRA generally
requires the Agency to identify and consider a reasonable number of
regulatory alternatives and adopt the least costly, more cost-
effective, or least burdensome alternative that achieves the objectives
of the rule.
This final rule contains no Federal mandates (under the regulatory
provisions of title II of the UMRA) for state, local, and tribal
Governments or for the private sector. Therefore, this rule is not
subject to the requirements of sections 202 and 205 of the UMRA.
National Environmental Policy Act
In accordance with the National Environmental Policy Act of 1969,
Public Law 91-190, this document has been reviewed in accordance with 7
CFR part 1970 (``Environmental Policies and Procedures''). The Agency
has determined that: This action meets the criteria established in 7
CFR 1970.53(f); no extraordinary circumstances exist; and the action is
not ``connected'' to other actions with potentially significant
impacts, is not considered a ``cumulative action'' and is not precluded
by 40 CFR 1506.1. Therefore, the Agency has determined that the action
does not have a significant effect on the human environment, and
therefore neither an Environmental Assessment nor an Environmental
Impact Statement is required.
Administrative Pay-As-You-Go Act of 2023
The Administrative Pay-As-You-Go Act of 2023 (Act) (see Fiscal
Responsibility Act of 2023, Pub. L. 118-5, 137 Stat. 31, div. B, title
III), requires the U.S. Government Accountability Office (GAO) to
assess agency compliance with the Act, which establishes requirements
for administrative actions that affect direct spending, in GAO's major
rule reports.
Regulatory Flexibility Act
This final rule has been reviewed with regard to the requirements
of the Regulatory Flexibility Act (5 U.S.C. 601-612). The undersigned
has determined and certified by signature on this document that this
proposed rule will not have a significant economic impact on a
substantial number of small entities since this rulemaking action does
not involve a new or expanded program nor does it require any more
action on the part of a small business than required of a large entity.
Civil Rights Impact Analysis
Rural Development has reviewed this final rule in accordance with
USDA Regulation 4300-004, Civil Rights Impact Analysis,'' to identify
any major civil rights impacts the proposed rule might have on program
participants on the basis of age, race, color, national origin, sex,
disability, marital or familial status. After review and analysis of
the final rule and available data, it has been determined that
implementation of the final rule will not adversely or
disproportionately impact very low-, low- and moderate-income
populations, minority populations, women, Indian Tribes, or persons
with disability by virtue of their race, color, national origin, sex,
age, disability, or marital or familial status. No major civil rights
impact is likely to result from this final rule.
Programs Affected
The programs affected by this regulation are listed in the
Assistance Listing Catalog under number 10.410, Very Low to Moderate
Income Housing Loans (section 502 Rural Housing Loans), and number
10.417, Very Low-Income Housing Repair Loans and Grants (specifically
the section 504 direct loans and grants).
Paperwork Reduction Act
This final rule contains no new reporting or recordkeeping burden
under OMB Control Number 0575-0172 that would require approval under
the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35).
E-Government Act Compliance
RHS is committed to complying with the E-Government Act by
promoting the use of the internet and other information technologies to
provide increased opportunities for citizen access to Government
information, services, and other purposes.
Non-Discrimination Policy
In accordance with Federal civil rights laws and U.S. Department of
Agriculture (USDA) civil rights regulations and policies, the USDA, its
Mission Areas, agencies, staff offices, employees, and institutions
participating in or administering USDA programs are prohibited from
discriminating based on race, color, national origin, religion, sex,
gender identity (including gender expression), sexual orientation,
disability, age, marital status, family/parental status, income derived
from a public assistance program, political beliefs, or reprisal or
retaliation for prior civil rights activity, in any program or activity
conducted or funded by USDA (not all bases apply to all programs).
Remedies and complaint filing deadlines vary by program or incident.
Program information may be made available in languages other than
English. Persons with disabilities who require alternative means of
communication to obtain program information (e.g., Braille, large
print, audiotape, American Sign Language) should contact the
responsible Mission Area, agency, staff office; or the Federal Relay
Service at (800) 877-8339.
To file a program discrimination complaint, a complainant should
complete a Form AD-3027, USDA Program Discrimination Complaint Form,
which can be obtained online at https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866)
632-9992, or by writing a letter addressed to USDA. The letter must
contain the complainant's name, address, telephone number, and a
written description of the alleged discriminatory action in sufficient
detail to inform the Assistant Secretary for Civil Rights (ASCR) about
the nature and date of an alleged civil rights violation. The completed
AD-3027 form or letter must be submitted to USDA by:
1. Mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
20250-9410; or
2. Fax: (833) 256-1665 or (202) 690-7442; or
3. Email: [email protected].
USDA is an equal opportunity provider, employer, and lender.
List of Subjects
7 CFR Part 3550
Administrative practice and procedure, Environmental impact
statements, Fair housing, Grant programs--housing and community
development, Housing, Loan programs-housing and community development,
low- and moderate-income housing, Reporting and recordkeeping
requirements, Rural areas.
7 CFR Part 3555
Administrative practice and procedure, Business and industry,
Conflicts of interest, Credit, Environmental impact statements, Fair
housing, Flood insurance, Grant programs--housing and community
development, home improvement, Housing, Loan programs--housing and
community development, low and moderate-income housing, Manufactured
homes, Mortgages,
[[Page 203]]
Reporting and recordkeeping requirements, Rural areas.
For the reasons discussed in the preamble, the Agency is amending 7
CFR parts 3550 and 3555 as follows:
PART 3550--DIRECT SINGLE FAMILY HOUSING LOANS AND GRANTS
0
1. The authority citation for part 3550 continues to read as follows:
Authority: 5 U.S.C. 301; 42 U.S.C. 1480.
Subpart A--General
0
2. Amend Sec. 3550.10 by revising the first sentence of the
Manufactured home definition to read as follows:
Sec. 3550.10 Definitions.
* * * * *
Manufactured home. A structure that is built to Federal
Manufactured Home Construction and Safety Standards established by HUD
and found at 24 CFR part 3280. * * *
* * * * *
Subpart B--Section 502 Origination
0
3. Amend Sec. 3550.52 by revising paragraph (e)(1) to read as follows:
Sec. 3550.52 Loan purposes.
* * * * *
(e) * * *
(1) Purchase an existing manufactured home (unless the unit was
constructed in conformance with Federal Manufactured Home Construction
and Safety Standards (FMHCSS) as evidenced by both an affixed HUD
Certification label and HUD Data Plate on or after a date determined by
the Agency, considering factors such as industry standards and
practices; and has not been previously installed on a different
homesite or had any alterations since construction in the factory
(except for porches, decks or other structures which were built to
engineered designs or were approved and inspected by local code
officials), or for any other purposes prohibited in Sec. 3550.73(b).
* * * * *
0
4. Amend Sec. 3550.58 by adding a sentence to the end of paragraph (b)
to read as follows:
Sec. 3550.58 Ownership requirements.
* * * * *
(b) * * * For new energy efficient manufactured and modular home
financing in land-lease communities operating on a nonprofit basis, and
on Tribal Trust land, individual (allotted) Trust land, or Tribal
restricted fee land, the Agency will accept a lease with an unexpired
term that is at least 2 years longer than the loan term.
* * * * *
0
5. Amend Sec. 3550.73 by:
0
a. Revising paragraph (b)(1); and
0
b. Removing paragraph (c) and redesignating paragraphs (d) through (h)
as paragraphs (c) through (g), respectively.
The revision reads as follows:
Sec. 3550.73 Manufactured homes.
* * * * *
(b) * * *
(1) An existing unit and site unless it is already financed with a
section 502 loan; or is an RHS REO property; or the unit was
constructed in conformance with FMHCSS standards as evidenced by both
an affixed HUD Certification label and a HUD Data Plate on or after
date determined by the Agency, is installed on a permanent foundation
which meets HUD regulations and 7 CFR part 1924, subpart A, exhibit J,
and has not been previously installed on a different homesite or had
any alterations since construction in the factory, except as specified
in the program handbook.
* * * * *
PART 3555--GUARANTEED RURAL HOUSING PROGRAM
0
6. The authority citation for part 3555 continues read as follows:
Authority: 5 U.S.C. 301; 42 U.S.C. 1471 et seq.
Subpart A--General
0
7. Amend Sec. 3555.10 by revising the second sentence of the
definition of New dwelling to read as follows:
Sec. 3555.10 Definitions and abbreviations.
* * * * *
New dwelling. * * * A manufactured home is considered a new unit if
the manufacturer's date is within 12 months from the date of loan
closing and the unit has never been occupied or installed at any other
location as otherwise provided by Rural Development.
* * * * *
Subpart E--Underwriting the Property
0
8. Amend Sec. 3555.203 by revising paragraph (b)(3) to read as
follows:
Sec. 3555.203 Ownership requirements.
* * * * *
(b) * * *
(3) The lease has an unexpired term of at least 45 years from the
date of loan closing, except in the case of properties located on
Tribal Trust land, individual (allotted) Trust land, or Tribal
restricted fee land, where the lease must have an unexpired term at
least equal to the term of the loan. Leases on Tribal Trust land,
individual Trust (allotted) land, or Tribal restricted fee land, for
period of 25 years which are renewable for a second 25 year period are
permissible, as are leases of a longer duration. For new energy
efficient manufactured and modular home financing in land-lease
communities operating on a nonprofit basis and on Tribal Trust land,
the Agency will accept a lease with an unexpired term that is at least
two years longer than the loan term;
* * * * *
0
9. Amend Sec. 3555.208 by:
0
a. Adding paragraph (a)(3);
0
b. Revising paragraphs (b)(3)(iii) and (iv); and
0
c. Revising paragraph (e).
The addition and revisions read as follows:
Sec. 3555.208 Special requirements for manufactured homes.
* * * * *
(a) * * *
(3) An existing unit and site, provided:
(i) The unit was constructed in conformance with the Federal
Manufactured Home Construction and Safety Standards (FMHCSS) as
evidenced by both an affixed HUD Certification label and HUD Data
Plate; and
(ii) The unit was installed on a permanent foundation in accordance
with the manufacturer's requirements and HUD installation standards.
Certification of a proper foundation is required; and
(iii) The unit has not been previously installed on a different
homesite, or had any alterations since construction in the factory,
except for porches, decks or other structures which were built to
engineered designs or were approved and inspected by local code
officials; and
(iv) The unit was constructed on or after a date determined by the
Agency.
(b) * * *
(3) * * *
(iii) The unit and site are being sold from the lender's inventory,
and the loan for which the unit and site served as security was a loan
guaranteed by Rural Development; or
(iv) The existing manufactured home meets all of the following
requirements:
(A) The unit was constructed in conformance with the Federal
Manufactured Home Construction and Safety Standards (FMHCSS) as
evidenced by an affixed HUD Certification label and HUD Data Plate;
[[Page 204]]
(B) The unit was installed on a permanent foundation complying with
manufacturer and HUD installation standards. The foundation design
meets HUD standards for manufactured housing;
(C) The unit has not had any alterations or modifications since
construction in the factory, except for porches, decks or other
structures which were built to engineered designs or were approved and
inspected by local code officials; and
(D) The unit was constructed on or after a date determined by the
Agency.
* * * * *
(e) HUD requirements. The FMHCSS and HUD requirements may be found
in 24 CFR part 3280.
* * * * *
Yvonne Hsu,
Acting Administrator, Rural Housing Service.
[FR Doc. 2024-30270 Filed 1-2-25; 8:45 am]
BILLING CODE 3410-XV-P