Updating Manufactured Housing Provisions, 199-204 [2024-30270]

Download as PDF 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 lotter on DSK11XQN23PROD with RULES1 § 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 VerDate Sep<11>2014 16:38 Jan 02, 2025 Jkt 265001 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 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 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: E:\FR\FM\03JAR1.SGM 03JAR1 200 Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 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 VerDate Sep<11>2014 16:38 Jan 02, 2025 Jkt 265001 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. PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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. E:\FR\FM\03JAR1.SGM 03JAR1 Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 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 VerDate Sep<11>2014 16:38 Jan 02, 2025 Jkt 265001 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. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 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 E:\FR\FM\03JAR1.SGM 03JAR1 202 Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 / Rules and Regulations 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. lotter on DSK11XQN23PROD with RULES1 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. VerDate Sep<11>2014 17:40 Jan 02, 2025 Jkt 265001 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 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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, E:\FR\FM\03JAR1.SGM 03JAR1 Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 / Rules and Regulations 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. lotter on DSK11XQN23PROD with RULES1 * * * * * (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; PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 * E:\FR\FM\03JAR1.SGM 03JAR1 204 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 PO 00000 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]


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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.

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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


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