This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

62475 

Vol. 88, No. 175 

Tuesday, September 12, 2023 

DEPARTMENT OF AGRICULTURE 

Rural Housing Service 

7 CFR Part 3560 

[Docket No. RHS–23–MFH–0013] 

RIN 0575–AD36 

Updates to the Off-Farm Labor 

Housing (Off-FLH), Loan and Grant 

Rates and Terms; Clarification of Grant 

Agreement Terms 

AGENCY: Rural Housing Service, U.S. 

Department of Agriculture (USDA). 

ACTION: Proposed rule. 

SUMMARY: The Rural Housing Service 

(RHS or Agency), a Rural Development 

(RD) agency of the United States 

Department of Agriculture (USDA), 

proposes to amend the current 

regulation for the Off-Farm Labor 

Housing (Off-FLH) program by 

clarifying the grant agreement term and 

adopting the period of performance as 

required by Federal award information 

requirements. The changes in this 

proposed rule are expected to clarify for 

applicants and grantees their obligations 

and requirements as Federal award 

recipients. 

DATES: Comments on the proposed rule 

must be received on or before November 

13, 2023. 

ADDRESSES: Comments may be 

submitted electronically by the Federal 

eRulemaking Portal: Go to http://

www.regulations.gov and, in the 

‘‘Search’’ field box, labeled ‘‘Search for 

dockets and documents on agency 

actions’’ enter the following docket 

number: (RHS–23–MFH–0013) or the 

RIN# 0575–AD36. To submit or view 

public comments, click the ‘‘Search’’ 

button, select the ‘‘Documents’’ tab, 

then select the following document title: 

(Updates to the Off-Farm Labor Housing 

(Off-FLH), Loan and Grant Rates and 

Terms; Clarification of Grant Agreement 

Terms) from the ‘‘Search Results,’’ and 

select the ‘‘Comment’’ button. Before 

inputting your comments, you may also 

review the ‘‘Commenter’s Checklist’’ 

(optional). Insert your comments under 

the ‘‘Comment’’ title, click ‘‘Browse’’ to 

attach files (if available). Input your 

email address and select ‘‘Submit 

Comment.’’ Information on using 

Regulations.gov, including instructions 

for accessing documents, submitting 

comments, and viewing the docket after 

the close of the comment period, is 

available through the site’s ‘‘FAQ’’ link. 

Other Information: Additional 

information about Rural Development 

(RD) and its programs is available on the 

internet at https://www.rd.usda.gov/. 

All comments will be available online 

for public inspection at the Federal 

eRulemaking Portal 

(www.regulations.gov). 

FOR FURTHER INFORMATION CONTACT: 

Christa Lindsey, Finance and Loan 

Analyst, United States Department of 

Agriculture Rural Housing Service, 

Multifamily Housing Production and 

Preservation Division; telephone 

number: (352) 538–5747; email address: 

mfh.programsupport@usda.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The RHS, an agency of the USDA, 

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 multi-family housing, 

childcare centers, fire and police 

stations, hospitals, libraries, nursing 

homes, schools, first responder vehicles 

and equipment, and housing for farm 

laborers. RHS also provides technical 

assistance loans and grants in 

partnership with non-profit 

organizations, Indian tribes, state and 

Federal government agencies, and local 

communities. 

Title V of the Housing Act of 1949 

(Act) authorized the USDA to make 

housing loans to farmers to enable them 

to provide habitable dwellings for 

themselves or their tenants, lessees, 

sharecroppers, and laborers. The USDA 

then expanded opportunities in rural 

areas, making housing loans and grants 

to rural residents through the SingleFamily Housing (SFH) and Multi-Family 

Housing (MFH) Programs. 

The RHS also operates the MFH Farm 

Labor Housing direct loan and grant 

programs under Sections 514 and 516 

which provide low interest loans and 

grants to provide housing for year-round 

and migrant or seasonal domestic farm 

laborers. These eligible farm laborers 

may work either at the borrower’s farm 

(‘‘on-farm’’) or at any other farm (‘‘offfarm’’). Housing under these programs 

may be built in any area with a need 

and demand for housing for farm 

laborers. 

II. Discussion of This Proposed 

Regulatory Action 

Section 534(a) of the Housing Act 

requires notice and comment for 

rulemaking for all Rural Housing 

Service rules and regulations pursuant 

to Title V. The intention of this 

proposed rule is to update 7 CFR 

3560.566 by clarifying the grant 

agreement term and adopting the period 

of performance as required by the 

Federal award information requirements 

outlined in 2 CFR 200.211. Pursuant to 

2 CFR 200.1, the ‘‘period of 

performance’’ is defined as the total 

estimated time interval between the 

start of an initial Federal Award and the 

planned end date, which may include 

one or more funded portions, or budget 

periods. Identification of the period of 

performance in the Federal award per 2 

CFR 200.211(b)(5) does not commit the 

awarding agency to fund the award 

beyond the currently approved budget 

period. Furthermore, a Federal award is 

defined under 2 CFR 200.1 as the 

instrument setting forth the terms and 

conditions of the grant agreement, 

cooperative agreement or other 

agreement for assistance as specified in 

2 CFR 200.1. 

The regulations set forth at 7 CFR 

3560 establish the requirements for 

making loans and grants for Off-FLH 

and for ongoing operations of this 

housing. 

Currently, the regulations set forth at 

7 CFR 3560.566(c) determine the term of 

the grant agreement. As required by 2 

CFR 200.211, the Agency must include 

the period of performance of the Federal 

award that has been given in the grant 

agreement. Therefore, the changes in 

this proposed rulemaking will further 

clarify the term of the grant agreement 

in 7 CFR 3560.566(c) and include a 5- 

year fixed period of performance in 7 

CFR 3560.566(d). 

III. Summary of Changes 

The proposed changes would amend 

7 CFR part 3560.566 to clarify the term 

of the grant agreement and adopt the 

period of performance as required by 


lotter on DSK11XQN23PROD with PROPOSALS1
62476 Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Proposed Rules 

the Federal award information 

requirements outlined in 2 CFR 200.211. 

The Agency proposes the following 

changes to the loan and grant rates and 

terms in § 3560.566 as follows: 

(1) Amend § 3560.566(c) to read as 

follows: (c) Term of grant agreement. 

The grant agreement will remain in 

effect for as long as there is a need for 

the housing, as determined by the 

Agency. 

(2) Add paragraph (d) to section 

3560.566 to read as follows: (d) Grant 

Period of Performance. The grant period 

of performance is five (5) years, which 

starts on the date the grant agreement is 

executed by both the Agency and the 

grantee and ends five (5) years from the 

date the grant agreement was executed 

by both the Agency and the grantee. 

IV. Regulatory Information 

Statutory Authority 

The Off-FLH Loan and Grant program 

is authorized by Title V of the Housing 

Act of 1949 (Pub. L. 81–171), as 

amended; 42 U.S.C. 1484; 42 U.S.C. 

1486(h); and 42 U.S.C. 1480; and 

implemented under 7 CFR part 3560, 

subpart L. 

Executive Order 12372, 

Intergovernmental Review of Federal 

Programs 

This program is subject to the 

provisions of Executive Order 12372, 

which requires intergovernmental 

consultation with State and local 

officials. RHS conducts 

intergovernmental consultations for 

each loan in accordance with 2 CFR part 

415, subpart C. 

Executive Order 12866, Regulatory 

Planning and Review 

This proposed 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 proposed 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 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 

proposed 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 proposed 

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 the 

proposed 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. 

National Environmental Policy Act 

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 (EIS) 

is not required. 

Regulatory Flexibility Act 

This proposed rule has been reviewed 

regarding 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. 

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, 

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, most cost-effective, or least 

burdensome alternative that achieves 

the objectives of the rule. 

This proposed 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 proposed 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 to provide 

increased opportunities for citizen 

access to Government information, 

services, and other purposes. 

Civil Rights Impact Analysis 

Rural Development has reviewed this 

rule in accordance with USDA 

Regulation 4300–4, Civil Rights Impact 

Analysis,’’ to identify any major civil 

rights impacts the rule might have on 

program participants on the basis of age, 

race, color, national origin, sex, or 

disability. After review and analysis of 

the rule and available data, it has been 

determined that implementation of the 

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 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Proposed Rules 62477 

impact is likely to result from this 

proposed rule. 

Assistance Listing 

The programs affected by this 

regulation is listed in the Assistance 

Listing Catalog (formerly Catalog of 

Federal Domestic Assistance) under 

number 10.405—Farm Labor Housing 

Loans and Grants. 

Non-Discrimination Statement Policy 

In accordance with Federal civil 

rights laws and 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; the 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 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 in 7 CFR 3560 

Accounting, Administrative practice 

and procedure, Aged, Conflict of 

interest, Government property 

management, Grant programs—housing 

and community development, 

Insurance, Loan programs—agriculture, 

Loan programs—housing and 

community development, Low and 

moderate-income housing, Migrant 

labor, Mortgages, Nonprofit 

organizations, Public- housing, Rentsubsidies, Reporting and recordkeeping 

requirements, Rural areas. 

For the reasons set forth in the 

preamble, the Rural Housing Service 

proposes to amend 7 CFR part 3560 as 

follows: 

PART 3560—DIRECT MULTI-FAMILY 

HOUSING LOANS AND GRANTS 

■ 1. The authority citation for part 3560 

continues to read as follows: 

Authority: 42 U.S.C. 1480. 

Subpart L—Off-Farm Labor Housing 

■ 2. Amend § 3560.566 by revising 

paragraph (c) and adding paragraph (d) 

to read as follows: 

§ 3560.566 Loan and grant rates and 

terms. 

* * * * * 

(c) Term of grant agreement. The 

grant agreement will remain in effect for 

as long as there is a need for the 

housing, as determined by the Agency. 

(d) Grant Period of Performance. The 

grant period of performance is five (5) 

years, which starts on the date the grant 

agreement is executed by both the 

Agency and the grantee and ends five 

(5) years from the date the grant 

agreement was executed by both the 

Agency and the grantee. 

Joaquin Altoro, 

Administrator, Rural Housing Service. 

[FR Doc. 2023–19662 Filed 9–11–23; 8:45 am] 

BILLING CODE 3410–XV–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2023–1786; Airspace 

Docket No. 23–AGL–22] 

RIN 2120–AA66 

Amendment of Class E Airspace; 

Roseau, MN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend the Class E airspace at Roseau, 

MN. The FAA is proposing this action 

as the result of an airspace review due 

to the decommissioning of the Roseau 

very high frequency omnidirectional 

range (VOR) as part of the VOR 

Minimum Operating Network (MON) 

Program. The name and geographic 

coordinates of the airport would also be 

updated to coincide with the FAA’s 

aeronautical database. 

DATES: Comments must be received on 

or before October 27, 2023. 

ADDRESSES: Send comments identified 

by FAA Docket No. FAA–2023–1786 

and Airspace Docket No. 23–AGL–22 

using any of the following methods: 

* Federal eRulemaking Portal: Go to 

www.regulations.gov and follow the 

online instruction for sending your 

comments electronically. 

* Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

* Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

* Fax: Fax comments to Docket 

Operations at (202) 493–2251. 

Docket: Background documents or 

comments received may be read at 

www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE, Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FAA Order JO 7400.11G, Airspace 

Designations and Reporting Points, and 

subsequent amendments can be viewed 

online at www.faa.gov/air_traffic/ 


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