65790 Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Proposed Rules

A small business guide on complying

with fruit, vegetable, and specialty crop

marketing agreements and orders may

be viewed at the following website:

http://www.ams.usda.gov/fv/

moab.html. Any questions about the

compliance guide should be sent to Jay

Guerber at the previously mentioned

address in the FOR FURTHER INFORMATION

CONTACT section.

A 15-day comment period is provided

to allow interested persons the

opportunity to respond to this request

for information and comments. Fifteen

days is deemed appropriate because: (1)

The Committee needs to have sufficient

funds to pay its expenses which are

incurred on a continuous basis; (2) the

2000–2001 fiscal period began on

September 1, 2000, and the order

requires that the rate of assessment for

each fiscal period apply to all assessable

cranberries acquired during such fiscal

period; and (3) handlers are aware of

this action which was unanimously

recommended by the Committee in a

mail vote and discussed at a public

meeting and is similar to other

assessment rate actions issued in past

years.

List of Subjects in 7 CFR Part 929

Marketing agreements, Cranberries,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 929 is proposed to

be amended as follows:

PART 929—CRANBERRIES GROWN IN

THE STATES OF MASSACHUSETTS,

RHODE ISLAND, CONNECTICUT, NEW

JERSEY, WISCONSIN, MICHIGAN,

MINNESOTA, OREGON,

WASHINGTON, AND LONG ISLAND IN

THE STATE OF NEW YORK

1. The authority citation for 7 CFR

part 929 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 929.236 is revised to read

as follows:

§ 929.236 Assessment rate.

On and after September 1, 2000, an

assessment rate of $0.08 per barrel is

established for cranberries.

Dated: October 27, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–28141 Filed 11–1–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Rural Housing Service

Rural Business-Cooperative Service

Rural Utilities Service

Farm Service Agency

7 CFR Parts 1930 and 1944

RIN 0575–AC24

Operating Assistance for Off-Farm

Migrant Farmworker Projects

AGENCIES: Rural Housing Service, Rural

Business-Cooperative Service, Rural

Utilities Service, and Farm Service

Agency, USDA.

ACTION: Proposed rule.

SUMMARY: The Rural Housing Service

(RHS), formerly Rural Housing and

Community Development Service

(RHCDS), a successor Agency to the

Farmers Home Administration (FmHA),

proposes to amend its regulations for

the Farm Labor Housing (LH) program

for off-farm migrant housing projects.

This action is taken to implement

section 599C(e) of Pub. L. 105–276,

enacted October 21, 1998, which

amends the Housing Act of 1949 to

permit section 521 rental assistance

funds to be used as operating assistance

in migrant farmworker projects financed

under sections 514 or 516. The intended

result is to reduce operating costs so

that rents may be set at rates that are

affordable to low-income migrant

farmworkers.

DATES: Written or e-mail comments on

this Proposed Rule must be received on

or before January 2, 2001 to be assured

of consideration.

ADDRESSES: Written comments may be

submitted, in duplicate, to the

Regulations and Paperwork

Management Branch, Attention: Jean

Mosley, Rural Development, U.S.

Department of Agriculture, Stop 0742,

1400 Independence Avenue SW,

Washington, DC 20250–0742.

Comments may be submitted via the

Internet by addressing them to

‘‘comments@rus.usda.gov’’ and must

contain the word ‘‘migrant’’ in the

subject. All written comments will be

available for public inspection during

normal working hours at 300 E Street,

SW, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Linda Armour, Senior Loan Specialist,

Multi-Family Housing Processing

Division, Rural Housing Service, U.S.

Department of Agriculture, Room 5349–

South Building, Stop 0781, 1400

Independence Avenue, SW,

Washington, DC 20250–0781, telephone

(202) 720–1608.

SUPPLEMENTARY INFORMATION:

Classification

This proposed rule has been

determined to be not significant for

purposes of Executive Order 12886 and,

therefore, has not been reviewed by the

Office of Management and Budget.

Paperwork Reduction Act

The information collection

requirements contained in this

regulation have been previously

approved by the Office of Management

and Budget (OMB) under the provisions

of 44 U.S.C. chapter 35 and have been

assigned OMB control number 0575-

0045, in accordance with the Paperwork

Reduction Act of 1995. Under the

Paperwork Reduction Act of 1995, no

persons are required to respond to a

collection of information unless it

displays a valid OMB number. The valid

OMB control number assigned to the

collection of information in these

regulations is displayed at the end of the

affected section of the regulation. This

rule does not impose any new

information collection requirements

from those approved by OMB.

Civil Justice Reform

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. In accordance with this rule: (1)

All State and local laws and regulations

that are in conflict with this rule will be

preempted; (2) no retroactive effect will

be given to this rule; and (3)

administrative proceedings in

accordance with 7 CFR part 11 must be

exhausted before bringing suit in court

challenging action taken under this rule.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Pub. L.

104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and the private

sector. Under section 202 of the UMRA,

RHS generally must prepare a written

statement, including a 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

RHS to identify and consider a

reasonable number of regulatory

alternatives and adopt the least costly,

more cost-effective or least burdensome

Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Proposed Rules 65791

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

the private sector. Therefore, this rule is

not subject to the requirements of

sections 202 and 205 of the UMRA.

National Performance Review

This regulatory action is being taken

as part of the National Performance

Review program to eliminate

unnecessary regulations and improve

those that remain in force.

Programs Affected

The affected program is listed in the

Catalog of Federal Domestic Assistance

under Number 10.405, Farm Labor

Housing Loans and Grants.

Intergovernmental Consultation

For the reasons set forth in the Final

Rule related Notice to 7 CFR part 3015,

subpart V, this program is subject to

Executive Order 12372 which requires

intergovernmental consultation with

State and local officials. RHS has

conducted intergovernmental

consultation in the manner delineated

in RD Instruction 1940–J.

Environmental Impact Statement

This document has been reviewed in

accordance with 7 CFR part 1940,

subpart G, ‘‘Environmental Program.’’ It

is the determination of RHS that this

action does not constitute a major

Federal action significantly affecting the

quality of the human environment and

in accordance with the National

Environmental Policy Act of 1969, Pub.

L. 91–190, an Environmental Impact

Statement is not required.

Regulatory Flexibility Act

This proposed 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 of

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

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. Nor does this rule

impose substantial direct compliance

costs on State and local governments.

Therefore, consultation with the States

is not required.

Background/Discussion

The farm labor housing (LH) program

is authorized by title V of the Housing

Act of 1949 under section 514 (42 U.S.C.

1484) for loans and section 516 (42

U.S.C. 1486) for grants. The program

also has tenant subsidies available

through section 521 (42 U.S.C. 1490a).

The LH program finances both ‘‘onfarm’’ and ‘‘off-farm’’ housing, which

may be for either seasonal or year-round

occupancy. Occupancy of both types is

restricted to United States citizens or

legally admitted aliens. On-farm

housing loans are made to farmers or

farm entities to provide housing for

farmworker families employed by the

farm. On-farm housing is typically a

single-family dwelling and does not

include tenant subsidies. Off-farm

housing, typically apartment complexes,

is open to eligible farmworker

households of any farming operation.

Rental assistance is available to many

tenants of off-farm housing to make

rents affordable. Off-farm housing is

financed with section 514 loans and

section 516 grants to nonprofit

organizations and public agencies such

as local housing authorities, and with

section 514 loans to nonprofit limited

partnerships in which the general

partner is a nonprofit entity.

Off-farm migrant housing serves

farmworkers who perform agricultural

work at one or more locations away

from their home base throughout the

year for periods ranging from a few

weeks to several months. The Agency’s

rental assistance (RA) program is

available to assist tenants with housing

costs, which is especially critical for

migrant farmworkers, who are among

the lowest-paid laborers in the

workforce. However, the RA program,

which provides assistance based on

each household’s income, is difficult to

administer in housing for migrant

workers because of the frequent tenant

turnover and short periods of

occupancy.

Section 599C(e) of Pub. L. 105–276,

enacted October 21, 1998, authorizes

owners of off-farm migrant housing

projects financed under sections 514 or

516 to use section 521 RA funds to

provide operating assistance to the

project instead of providing individual

RA to each household. Operating

assistance, by reducing operating costs,

allows rents to be set at rates that are

affordable to tenants based on the

average wages of migrant farmworkers

in the area. Tenants will still be

required to provide income verification,

and household income must be within

the very-low or low-income limits to

qualify for the reduced operating

assistance rents. Owners will be

required to provide documentation to

the Agency on the incomes of tenants

served.

In developing this proposed rule, the

Agency conducted an informal

teleconference with stakeholders,

including nonprofit groups, developers,

and Agency staff in States with active

migrant farm labor housing programs.

Following is a summary of their

comments on key issues:

Project Eligibility for the Operating

Assistance Program

The statute provides that the

operating assistance program may be

used by migrant farmworker projects. It

does not extend eligibility for the

operating assistance program to projects

that serve both year-round and migrant

workers. Based on a survey of the

stakeholders who participated in the

teleconference, the Agency’s existing

properties that serve migrant

farmworkers are nearly evenly divided

between those that serve migrant

workers exclusively and those that serve

a mix of year-round and migrant

workers. Stakeholders recommended

that the Agency pursue a statutory

correction to permit operating subsidies

for mixed LH projects.

Establishing the Prevailing Incomes of

Farmworkers in the Area

The statute stipulates that operating

assistance will be provided in an

amount that makes rents affordable to

migrant farmworkers based on the

prevailing incomes of migrant

farmworkers in the area. Several

possible sources of income data were

mentioned, including the Association of

Farmworkers and the U.S. Department

of Labor. However, most participants

felt that the most readily available,

current data could be obtained from the

Agency’s Multi-Family Tenant File

System (MTFS).

The MTFS is an automated system

used to record household data,

including income, to determine the

tenant’s shelter cost based on 30 percent

of adjusted monthly income. It was

suggested that existing Agency-financed

properties serving migrant workers use

the project’s prior year MTFS data and

new properties use MTFS data for liketype properties in the same or a similar

area. After the first year, adjustments

would be made to the amount of

operating assistance based on the actual

income levels of the tenants served and

65792 Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Proposed Rules

the year’s actual project operating

expense figures.

We have incorporated the suggestion

to use MTFS data into this rule. The

MTFS is a readily available source of

income information for migrant

farmworkers served by the Agency’s LH

program. We are especially interested in

comments on the use of this data and

suggestions for alternative data sources.

Overcrowding

One stakeholder expressed a concern

that overcrowding could result if rents

are established for the unit rather than

based on each household’s income. It

was suggested that the Agency

emphasize the enforcement of

occupancy rules to help prevent this

situation. We agree with this suggestion

and will incorporate it into the guidance

provided to Agency staff and owners.

Also, the rule will stipulate that

households may not exceed the lowincome limit to be eligible for the

reduced rent. Therefore, if additional

wage earners join a household and the

household is within the occupancy

standards, total household income

cannot exceed the low-income limit to

be eligible for the reduced rent.

Procedures for Requesting operating

Assistance

The majority of stakeholders felt that

requests for operating assistance should

be submitted on the monthly ‘‘Project

Worksheet for Credit and Rental

Assistance’’, Form RD 1944–29, and

netted against the loan payment in the

same manner as rental assistance. The

Agency has incorporated this suggestion

into this proposed rule. Only one

stakeholder recommended paying the

assistance on an annual basis. We

welcome comments on the pros and

cons of an annual payment method,

which will be taken into consideration

in determining whether this option

should be included in the final rule.

Participants noted that the operating

assistance program would be beneficial

for project budgeting purposes,

especially for properties that are

unoccupied for a portion of the year

because of seasonal farm work, if

owners are permitted to average the

year’s projected income and expenses

and receive monthly payments

throughout the year. We concur, and

have included the suggestion in this

proposed rule.

Implementation Proposal

When the final rule becomes effective,

owners of migrant housing projects with

rental assistance contracts may elect to

convert to project operating assistance.

New applicants for off-farm migrant

housing projects will have the option of

requesting either rental assistance or

operating assistance.

List of Subjects

7 CFR Part 1930

Accounting, Administrative practice

and procedure, Grant programs—

Housing and community development,

Loan programs—Housing and

community development, Low and

moderate income housing—Rental,

Reporting requirements.

7 CFR Part 1944

Farm labor housing, Grant programs—

Housing and community development,

Loan programs—Housing and

community development, Migrant labor,

Nonprofit organizations, Public housing,

Rent subsidies, Rural housing.

Therefore, chapter XVIII, title 7, Code

of Federal Regulations is amended to

read as follows:

PART 1930—GENERAL

1. The authority citation for part 1930

continues to read as follows:

Authority: 5 U.S.C. 301, 42 U.S.C. 1480.

Subpart C—Management and

Supervision of Multiple Family

Housing Borrowers and Grant

Recipients

2. Exhibit B of subpart C is amended

in paragraph II by adding in

alphabetical order the definition of

‘‘Operating assistance’’, by adding

paragraph IV F, and by revising the first

sentence of paragraph XIII C2f(2) to read

as follows:

Exhibit B of Subpart C—Multiple Housing

Management Handbook

* * * * *

II. Definitions

* * * * *

Operating assistance. Assistance toward

the cost of operating off-farm migrant

farmworker projects financed under sections

514 or 516. Projects that receive operating

assistance may not receive tenant-specific

rental assistance (RA). Detailed guidance on

the operating assistance program is provided

in § 1944.182(b) of this chapter.

* * * * *

IV. Rent Subsidy Opportunities * * *

F. Operating assistance program. This is a

subsidy program available to off-farm migrant

farmworker projects financed under section

514 or section 516. Refer to § 1944.182(b) of

this chapter for eligibility requirements and

detailed guidance.

* * * * *

XIII. Accounting and Reporting Requirements

and Financial Management Analysis

* * * * *

C. Borrower reporting requirements. ***

2. Management reports and review

processes. ***

f. Project worksheets. ***

(2). For LH projects, a project worksheet for

interest credit and rental or operating

assistance, on a form provided by the

Agency, will be submitted monthly for

projects with tenants who receive RA and for

off-farm migrant housing projects that receive

operating assistance. * * *

* * * * *

PART 1944—HOUSING

3. The authority citation for part 1944

continues to read as follows:

Authority: 5 U.S.C. 301; 42 U.S.C. 1480.

Subpart D—Farm Labor Housing Loan

and Grant Policies, Procedures, and

Authorizations

4. Section 1944.153 is amended by

adding in alphabetical order definitions

to read as follows:

§ 1944.153 Definitions.

* * * * *

Multi-Family Tenant File System (MTFS).

The MTFS is an automated system used

by the Agency to record household data,

including income, to determine the

tenant’s shelter cost based on 30 percent

of adjusted monthly income.

* * * * *

Operating assistance. Assistance

toward the cost of operating off-farm

labor housing projects serving migrant

farmworkers exclusively, financed

under sections 514 or 516, that would

otherwise be provided to tenants as

rental assistance (RA). Detailed

guidance on the operating assistance

program is provided in § 1944.182(b).

* * * * *

Rental assistance (RA). RA is the

portion of a specific tenant’s approved

shelter cost paid by the Agency and is

the difference between the approved

shelter cost and the monthly tenant

contribution calculated in accordance

with exhibit B to subpart C of part 1930

of this chapter.

* * * * *

5. Section 1944.182 is amended by

revising the heading, designating the

existing text as paragraph (a), and

adding a new paragraph (b) to read as

follows:

§ 1944.182 Assistance payments under

section 521.

* * * * *

(b) Operating assistance may be used

in lieu of tenant-specific rental

assistance in off-farm labor housing

projects financed under section 514 or

section 516 of the Housing Act of 1949

that serve migrant farmworkers

Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Proposed Rules 65793

exclusively. Owners of eligible projects

may choose tenant-specific RA or

operating assistance, but may not utilize

both programs in the same project. The

objective of this program is to provide

assistance toward the cost of operating

the project so that rents may be set at

rates that are affordable to very low and

low-income migrant farmworkers.

(1) Project eligibility requirements. To

be eligible for the operating assistance

program, projects must be:

(i) Off-farm labor housing projects

financed under section 514 or section

516 serving migrant farmworkers

exclusively (projects serving both

migrant and year-round farmworker

households are not eligible); and

(ii) Eligible for the Agency’s rental

assistance (RA) program as defined in

paragraph II B of exhibit E of subpart C

of part 1930 of this chapter.

(2) Tenant eligibility requirements. To

be eligible for operating assistance rents,

tenants must meet the RA eligibility

requirements of paragraph II A of

exhibit E of subpart C of part 1930 of

this chapter.

(3) Operating assistance limits. The

amount of operating assistance

requested by the owner must be based

on the project’s actual income and

expenses and must be approved by the

Agency. In no instance may the annual

amount of operating assistance exceed

90 percent of the project’s annual

operating costs.

(4) Owner responsibilities—(i) Request

for operating assistance program.

Owners of off-farm migrant housing

projects may request operating

assistance by submitting a request on a

form provided by the Agency. The

request must include a budget in the

format prescribed by the Agency and

prepared in accordance with Agency

instructions. The budget must include:

(A) Estimated project operating costs,

including authorized expenditures such

as reserve deposits.

(B) Proposed rental rates to generate

sufficient funds for project operating

costs, taking into consideration all other

sources of project income.

(C) Estimated rental income from

tenants, based on a tenant contribution

of 30 percent of the average adjusted

monthly income of migrant farmworker

households in the area. The average

adjusted monthly income of migrant

farmworker households will be

determined as follows:

(1) For existing RHS-financed projects

that have been in operation for at least

one year, owners will use the average

adjusted monthly household income for

each unit-size (1-, 2-, 3-bedroom, etc.)

based on the prior year’s Multi-Family

Tenant File System (MTFS) data.

(2) For new projects, owners will use

the average adjusted monthly household

income for each unit-size, based on the

prior year’s MTFS data for a like-type

property in the same or similar area, as

provided by the Agency. Owners may

request authorization to use other

reliable income data if available.

(D) Estimated operating assistance,

calculated as the difference between

estimated project income and estimated

project operating costs. The annual

amount of operating assistance may not

exceed 90 percent of the annual

operating costs.

(ii) Requesting operating assistance

payments. Each month, owners will

submit a project worksheet for interest

credit and rental or operating assistance

on a form provided by the Agency. The

amount of operating assistance

requested each month will be onetwelfth of the annual amount approved

by the Agency.

(iii) Verifying tenant income

eligibility. Owners are responsible for

verifying tenant income in accordance

with § 1944.182(a). Only very low or

low-income households are eligible for

the operating assistance rents. Incomeeligible households with incomes above

low must pay the full rent.

(iv) Reporting requirements.—(A)

Tenant certification. Owners and

tenants will complete a tenant

certification, on a form provided by the

Agency, to document tenant income and

eligibility. Tenant certification forms

need not be submitted to the Agency but

must be maintained, along with income

verifications, for at least 3 years. The

tenant files must be available for the

Agency’s review upon request. The

owner will use the income information,

along with the project’s actual expense

figures, to complete the next year’s

operating assistance request.

(B) Project worksheet. Each month,

the borrower will submit to the Agency

a project worksheet for interest credit

and rental or operating assistance on a

form provided by the Agency, in

accordance with paragraph XIII C2f (2)

of exhibit B of subpart C of part 1930 of

this chapter.

(C) Budgets. Prior to the beginning of

the project’s fiscal year, owners must

submit an annual planning budget in

accordance with paragraph XIII C2a of

exhibit E of subpart C of part 1930 of

this chapter, on a form provided by the

Agency. The budget must reflect actual

income and expenses for at least 9

months of the current fiscal year and the

proposed income and expenses for the

coming year. Owners must include a

summary report showing the income of

tenants served on a form provided by

the Agency. If warranted by the actual

income of tenants served, a request for

rent change should be included,

following the guidance in paragraph XIII

C2b of exhibit E of subpart C of part

1930 of this chapter. After the first full

year of operation, owners will use the

actual year-end budget figures to make

appropriate adjustments to the amount

of operating assistance requested.

Dated: October 20, 2000.

Jill Long Thompson,

Under Secretary, Rural Development.

[FR Doc. 00–27978 Filed 11–1–00; 8:45 am]

BILLING CODE 3410–XV–U

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 35

RIN 3150–AF74

Medical Use of Byproduct Material—

Speciality Boards and Medical

Speciality Boards: Solicitation

AGENCY: Nuclear Regulatory

Commission.

ACTION: Solicitation.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is beginning a new

process to recognize speciality boards

and medical speciality boards (whose

diplomates would fulfill the training

and experience requirements for an

authorized medical physicist,

authorized nuclear pharmacist,

authorized user, and/or a Radiation

Safety Officer) by listing the boards on

an NRC website instead of including the

names of boards in 10 CFR Part 35,

‘‘Medical Use of Byproduct Material.’’

The NRC is taking this action in

anticipation of a revision to its

regulations governing the medical use of

byproduct material. Any board that is

interested in being recognized by the

NRC should submit a letter certifying

that its certification process would meet

the draft final training and experience

requirements for an authorized medical

physicist, authorized nuclear

pharmacist, authorized user, and/or a

Radiation Safety Officer.

DATES: The solicitation process begins

November 2, 2000.

ADDRESSES: Documents related to the

proposed rule may be examined through

September 22, 2000, at the NRC Public

Document Room and electronically at

http://ruleforum.llnl.gov. Beginning

September 25, 2000, the NRC Public

Document Room will be located at

11555 Rockville Pike, Rockville, MD.

FOR FURTHER INFORMATION CONTACT: Sam

Jones, Office of Nuclear Material Safety