Section 538 Guaranteed Rural Rental Housing Program Notice of Funding Availability Elimination
| Published date | 15 October 2019 |
| Record Number | 2019-22426 |
| Section | Rules and Regulations |
| Court | Rural Housing Service |
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Federal Register / Vol. 84, No. 199 / Tuesday, October 15, 2019 / Rules and Regulations
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MPORT
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SSESSMENT
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ABLE
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HTS No. Conv.
Factor Cents/kg.
6304910170 ...... 0.2215 0.2707173
6304920000 ...... 0.8859 1.0827470
6304996040 ...... 0.2215 0.2707173
6505001515 ...... 1.1189 1.3675196
6505001525 ...... 0.5594 0.6836987
6505001540 ...... 1.1189 1.3675196
6505002030 ...... 0.9412 1.1503346
6505002060 ...... 0.9412 1.1503346
6505002545 ...... 0.5537 0.6767321
6507000000 ...... 0.3986 0.4871689
9404901000 ...... 0.2104 0.2571509
9404908020 ...... 0.9966 1.2180445
9404908040 ...... 0.9966 1.2180445
9404908505 ...... 0.6644 0.8120297
9404908536 ...... 0.0997 0.1218533
9404909505 ...... 0.6644 0.8120297
9404909570 ...... 0.2658 0.3248608
9619002100 ...... 0.8681 1.0609918
9619002500 ...... 0.1085 0.1326087
9619003100 ...... 0.9535 1.1653677
9619003300 ...... 1.1545 1.4110299
9619004100 ...... 0.2384 0.2913725
9619004300 ...... 0.2384 0.2913725
9619006100 ...... 0.8528 1.0422922
9619006400 ...... 0.2437 0.2978501
9619006800 ...... 0.3655 0.4467141
9619007100 ...... 1.1099 1.3565198
9619007400 ...... 0.2466 0.3013945
9619007800 ...... 0.2466 0.3013945
9619007900 ...... 0.2466 0.3013945
* * * * *
Authority: 7 U.S.C. 2101–2118.
Dated: October 8, 2019.
Bruce Summers,
Administrator.
[FR Doc. 2019–22364 Filed 10–11–19; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Rural Housing Service
7 CFR Part 3565
[Docket No. RHS–18–MFH–0027]
RIN 0575–AD12
Section 538 Guaranteed Rural Rental
Housing Program Notice of Funding
Availability Elimination
AGENCY
: Rural Housing Service, USDA.
ACTION
: Final rule.
SUMMARY
: The Rural Housing Service
(RHS or Agency) published a proposed
rule December 12, 2018, proposing to
amend its regulation to eliminate the
requirement for the annual publication
of Notice of Funding Availability
(NOFA). Through this action, RHS
finalizes the proposed rule without any
substantive revisions.
DATES
: Effective November 14, 2019.
FOR FURTHER INFORMATION CONTACT
:
Monica Cole, Finance and Loan Analyst,
Multi-Family Housing Guaranteed Loan
Division, Rural Housing Service, United
States Department of Agriculture, STOP
0781—Room 1263S, 1400 Independence
Avenue SW, Washington, DC 20250–
0781, Telephone: (202) 720–1251 (this is
not a toll-free number); email:
monica.cole@usda.gov.
SUPPLEMENTARY INFORMATION
:
Background and Summary of Changes
The annual publication of the NOFA
is currently required by 7 CFR part
3565. Section 538 of the Housing Act of
1949, as amended (42 U.S.C. 1490p)
(Housing Act) broadly requires a
publication of the availability of funds,
application procedures, and selection
criteria in the Federal Register, it does
not require an annual NOFA. RHS is
amending its regulation to align with
the Housing Act requirements.
The delay caused by annually
publishing a NOFA also creates
problems regarding the timing of other
funders’ deadlines. The major funding
source in the Section 538 portfolio is
Low Income Housing Tax Credits
(LIHTC). Of these properties that are
financed with LIHTC, the LIHTC equity
represents approximately 75 percent of
the total development cost (TDC).
Without the injection of LIHTC equity,
rents would not be affordable to low
income tenants. When developers use
the Section 538 Guaranteed Rural Rental
Housing (GRRH) program with LIHTC,
they are required to submit a
preliminary eligibility letter from Rural
Development together with the LIHTC
application. If the NOFA is published
after the LIHTC application deadline,
the developer will not be able to use
LIHTC to finance the project.
In lieu of the NOFA process, the
Section 538 GRRH program will
continue to follow procedures similar to
other Rural Development guaranteed
loan programs and accept applications
on a continuous basis. The Agency will
make an announcement to the public
when funds are available. Rural
Development will use the standards
from the last NOFA as published in the
Federal Register on December 21, 2017
(82 FR 60579). If Rural Development
chooses to change the selection and/or
scoring criteria or fees charged in
subsequent years, it will inform the
public of those changes through
additional Notices in the Federal
Register.
Both Empowerment Zone (EZ) and
Enterprise Community (EC) Initiatives
have expired, so reference to those
initiatives will also be removed from 7
CFR part 3565.
The Agency published a proposed
rule on December 12, 2018 at 83 FR
64488–64490, proposing to amend its
regulation to eliminate the requirement
for the annual publication of the NOFA.
One comment was received, and it was
in support of the proposed regulatory
change. Therefore, RHS is moving
forward with finalizing this rule with
only minor stylistic and grammatical
changes that do not affect the substance
of the proposed regulation.
Executive Order 12866—Classification
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.
Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), the Office of
Information and Regulatory Affairs
designated this rule as not a major rule,
as defined by 5 U.S.C. 804(2).
Authority
The GRRH program is administered
subject to appropriations by the United
States Department of Agriculture
(USDA) as authorized under the
Housing Act of 1949 as amended,
Section 538, Public Law 106–569, 42
U.S.C. 1490 p-2.
Environmental Impact Statement
This document has been reviewed in
accordance with 7 CFR part 1970,
subpart A, ‘‘Environmental Policies.’’
RHS determined that this action does
not constitute a major Federal action
significantly affecting the quality of the
environment. In accordance with the
National Environmental Policy Act of
1969, Public Law 91–190, an
Environmental Impact Statement is not
required.
Regulatory Flexibility Act
The 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 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.
Executive Order 13132—Federalism
The policies contained in this rule do
not have any substantial direct effect on
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Federal Register / Vol. 84, No. 199 / Tuesday, October 15, 2019 / Rules and Regulations
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 12988—Civil Justice
Reform
This rule has been reviewed under
Executive Order 12988. In accordance
with this rule: (1) Unless otherwise
specifically provided, all State and local
laws that conflict with this rule will be
preempted; (2) no retroactive effect will
be given to this rule except as
specifically prescribed in the rule; and
(3) administrative proceedings of the
National Appeals Division of USDA (7
CFR part 11) must be exhausted before
bringing suit in court that challenges
action taken under this rule.
Unfunded Mandate 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,
Federal Agencies 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 statement is needed for a
rule, section 205 of the UMRA generally
requires a Federal 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 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.
Paperwork Reduction Act
The information collection
requirements contained in this
regulation have been approved by OMB
and have been assigned OMB control
number 0575–0189. This final rule
contains no new reporting and
recordkeeping requirements 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 in order to
provide increased opportunities for
citizen access to Government
information, services, and other
purposes.
Programs Affected
The program affected by this
regulation is listed in the Catalog of
Federal Domestic Assistance under
numbers 10.438—Rural Rental Housing
Guaranteed Loans (Section 538).
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 the
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 Rural
Development’s Native American
Coordinator at: AIAN@usda.gov to
request such a consultation.
Executive Order 12372—
Intergovernmental Consultation
These loans are subject to the
provisions of Executive Order 12372,
which require intergovernmental
consultation with State and local
officials. RHS conducts
intergovernmental consultations for
each loan in accordance with 2 CFR part
415, subpart C.
Non-Discrimination Statement
In accordance with Federal civil
rights law and U.S. Department of
Agriculture (USDA) civil rights
regulations and policies, the USDA, its
Agencies, 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, familial/
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.
Persons with disabilities who require
alternative means of communication for
program information (e.g., Braille, large
print, audiotape, American Sign
Language, etc.) should contact the
responsible Agency or USDA’s TARGET
Center at (202) 720–2600 (voice and
TTY) or contact USDA through the
Federal Relay Service at (800) 877–8339.
Additionally, program information may
be made available in languages other
than English.
To file a program discrimination
complaint, complete the USDA Program
Discrimination Complaint Form, AD–
3027, found online at: http://
www.ascr.usda.gov/complaint_filing_
cust.html and at any USDA office or
write a letter addressed to USDA and
provide in the letter all of the
information requested in the form. To
request a copy of the complaint form,
call (866) 632–9992, submit your
completed form or letter to USDA by:
(1) Mail: U.S. Department of
Agriculture, Director, Office of
Adjudication, 1400 Independence
Avenue SW, Washington, DC 20250–
9410;
(2) Fax: (202) 690–7442; or
(3) Email: program.intake@usda.gov.
USDA is an equal opportunity
provider, employer, and lender.
List of Subjects in 7 CFR Part 3565
Conflict of interest, Credit, Fair
housing, Loan programs-housing and
community development, Low and
moderate-income housing,
Manufactured homes, Mortgages, Rent
subsidies, Reporting and recordkeeping
requirements, Rural areas.
For the reasons set forth in the
preamble, RHS amends 7 CFR part 3565
as follows:
PART 3565—GUARANTEED RURAL
RENTAL HOUSING PROGRAM
■1. The authority citation for part 3565
continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42
U.S.C. 1480.
Subpart A—General Provisions
§ 3565.3 [Amended]
■2. Amend § 3565.3 by removing the
definition of ‘‘NOFA.’’
■3. Section 3565.4 is revised to read as
follows:
§ 3565.4 Availability of assistance.
The Agency’s authority to enter into
commitments, guarantee loans, or
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Federal Register / Vol. 84, No. 199 / Tuesday, October 15, 2019 / Rules and Regulations
provide interest credits is limited to the
extent that appropriations are available
to cover the cost of the assistance. The
Agency will notify the public of the
availability of assistance, changes in
application requirements, or changes in
the fee structure.
■4. Amend § 3565.5 by revising
paragraph (b) to read as follows:
§ 3565.5 Ranking and selection criteria.
* * * * *
(b) Priority projects. Priority will be
given to projects: In smaller rural
communities, in the neediest
communities having the highest
percentage of leveraging, having the
lowest interest rate, having the highest
ratio of 3–5-bedroom units to total units,
or on tribal lands. In addition, the
Agency may, at its sole discretion, set-
aside assistance for or rank projects that
meet important program goals.
Assistance will include both loan
guarantees and interest credits. Priority
projects must compete for set-aside
funds.
Subpart B—Guarantee Requirements
■5. Amend § 3565.53 by revising
paragraph (c) to read as follows:
§ 3565.53 Guarantee fees.
* * * * *
(c) Surcharge for guarantees on
construction advances. The Agency
may, at its sole discretion, charge an
additional fee on the portion of the loan
advanced during construction. If
applicable, this fee will be charged in
advance at the start of construction.
Subpart C—Lender Requirements
§ 3565.104 [Amended]
■6. Amend § 3565.104 by removing the
last sentence.
Subpart E—Loan Requirements
■7. Section 3565.210 is revised to read
as follows:
§ 3565.210 Maximum interest rate.
The interest rate for a guaranteed loan
must not exceed the maximum
allowable rate specified by the Agency.
This interest rate must be fixed over the
term of the loan.
Subpart F—Property Requirements
■8. Section 3565.252 is revised to read
as follows:
§ 3565.252 Housing types.
The property may include new
construction or rehabilitation of existing
structures. The units may be attached,
detached, semi-detached, row houses,
modular or manufactured houses, or
multifamily structures. Manufactured
housing must meet Agency
requirements contained in 7 CFR part
1924, subpart A. The Agency will
guarantee proposals for new
construction or acquisition with
moderate or substantial rehabilitation of
at least $6,500 per dwelling unit. The
portion of guaranteed funds available
for acquisition with rehabilitation may
be limited.
Subpart G—Processing Requirements
■9. Amend § 3565.302 by revising
paragraph (b) introductory text to read
as follows:
§ 3565.302 Allowable fees.
* * * * *
(b) Agency fees. The Agency will
charge one or more types of fees deemed
appropriate as reimbursement for
reasonable and necessary costs incurred
in connection with applications
received from lenders. Agency fees may
include, but are not limited to, the
following:
* * * * *
Bruce W. Lammers,
Administrator, Rural Housing Service.
[FR Doc. 2019–22426 Filed 10–11–19; 8:45 am]
BILLING CODE 3410–XV–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0444; Product
Identifier 2019–NM–028–AD; Amendment
39–19756; AD 2019–20–03]
RIN 2120–AA64
Airworthiness Directives; Various
Transport Airplanes
AGENCY
: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION
: Final rule.
SUMMARY
: The FAA is adopting a new
airworthiness directive (AD) for various
transport airplanes. This AD was
prompted by reports of smoke and
fumes in the flight deck. This AD
requires modification of certain
universal serial bus (USB) receptacles
located in the flight deck. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES
: This AD is effective November
19, 2019.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of November 15, 2019.
ADDRESSES
: For service information
identified in this final rule, contact
Fokker Services B.V., Technical
Services Dept., P.O. Box 1357, 2130 EL
Hoofddorp, the Netherlands; telephone
+31 (0)88–6280–350; fax +31 (0)88–
6280–111; email technicalservices@
fokker.com; internet http://
www.myfokkerfleet.com. You may view
this service information at the FAA,
Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available on the internet at
http://www.regulations.gov by searching
for and locating Docket No. FAA–2019–
0444.
Examining the AD Docket
You may examine the AD docket on
the internet at http://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0444; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
the regulatory evaluation, any
comments received, and other
information. The address for Docket
Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT
: Dan
Rodina, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3225.
SUPPLEMENTARY INFORMATION
:
Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2018–
0259R1, dated February 7, 2019 (‘‘EASA
AD 2018–0259R1’’) (also referred to as
the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for the following airplanes on which
certain USB receptacles were installed
using certain Fokker service
information:
•Fokker Services B.V. Model F.27
Mark 050 airplanes.
•Fokker Services B.V. Model F28
Mark 3000 airplanes.
•Fokker Services B.V. Model F28
Mark 0070 and Mark 0100 airplanes.
•Airbus SAS Model A318–111
airplanes.
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