Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Rules and Regulations 75497 

(E) Total length of the arterial and 

venous tubing sets; 

(F) Outer diameter (OD) of the pump 

segment; 

(G) Priming volume; 

(H) Identification of the hemodialysis 

delivery systems which are compatible 

with the blood tubing set; 

(I) Identification of the largest gauge 

needle that can be used with the 

injection port, if applicable; and 

(J) Identification of the maximum 

operating pressures for the transducer 

protectors. 

Dated: September 11, 2024. 

Lauren K. Roth, 

Associate Commissioner for Policy. 

[FR Doc. 2024–20999 Filed 9–13–24; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 214 

[Docket No. FR–6388–F–02] 

RIN 2502–AJ70 

Modernizing the Delivery of Housing 

Counseling Services 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Final rule. 

SUMMARY: The Department of Housing 

and Urban Development (HUD) is 

issuing this final rule to update HUD’s 

regulations that require participating 

agencies to provide in-person 

counseling to clients that prefer this 

format to reflect advances in technology, 

align with client engagement 

preferences, and preserve consumer 

protections. The final rule amends 

HUD’s regulations to allow housing 

counseling agencies to use alternative 

communication methods, including 

virtual meeting tools, in lieu of 

providing in-person services. 

Participating agencies that choose not to 

provide in-person services are required 

to refer clients to local providers that 

provide such services, when requested. 

After considering public comments 

received in response to the proposed 

rule HUD published on October 25, 

2023, this final rule adopts the proposed 

rule without change. 

DATES: Effective October 16, 2024. 

FOR FURTHER INFORMATION CONTACT: 

David Valdez, Senior Housing Program 

Specialist, Department of Housing and 

Urban Development, 1331 Lamar St. 

Suite 550, Houston, TX 77002, 

telephone 713–718–3178 (this is not a 

toll-free number). HUD welcomes and is 

prepared to receive calls from 

individuals who are deaf or hard of 

hearing, as well as individuals with 

speech or communication disabilities. 

To learn more about how to make an 

accessible telephone call, please visit 

https://www.fcc.gov/consumers/guides/

telecommunications-relay-service-trs. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 106 of the Housing and Urban 

Development Act of 1968 (12 U.S.C. 

1701x) (Section 106) authorizes HUD’s 

Housing Counseling program (see 

Sections 106(a)(1)(iii) and 106(a)(2)). On 

October 25, 2023, HUD published the 

‘‘Modernizing the Delivery of Housing 

Counseling Services’’ proposed rule 

(‘‘the proposed rule’’) in the Federal 

Register, at 88 FR 73298, to revise the 

current regulations governing HUD’s 

Housing Counseling program to align 

with client engagement preferences, and 

to preserve consumer protections, while 

leaving in place existing guardrails that 

ensure participating agencies 

demonstrate knowledge and a 

connection to the community they 

serve, whether they choose to do so by 

providing virtual, in-person, or hybrid 

services. 

As described in the proposed rule, on 

September 28, 2007, HUD published a 

final rule titled, ‘‘Housing Counseling 

Program,’’ at 72 FR 55637, which 

established regulations for HUD’s 

Housing Counseling program (see 24 

CFR 214.103(l) and 24 CFR 214.300, in 

particular). These regulations had not 

been amended since they were 

established. Section 214.300(a)(3) 

required agencies that provide housing 

counseling services to provide in-person 

counseling services at one of the 

agency’s facilities or an alternate 

location to clients that preferred that 

format. When this requirement was 

adopted, housing counseling and 

education were primarily conducted inperson and the conventional wisdom 

was that in-person service was the most 

effective service delivery method. 

However, alternatives to in-person 

service have also proven to be effective. 

In 2020, due to ongoing public health 

concerns around the spread of 

Coronavirus Disease 2019 (COVID–19), 

HUD issued a Temporary Partial Waiver 

of 24 CFR 214.300(a)(3), In-Person 

Housing Counseling Requirement, that 

allowed housing counseling agencies to 

utilize alternative methods to conduct 

housing counseling and education with 

clients in lieu of meeting in-person. 

Feedback received regarding this waiver 

indicated that these alternative methods 

were more practical, cost-effective, and 

accessible, and did not lead to adverse 

compliance issues or negative financial 

impacts. This feedback, increased 

consumer preference for virtual service 

delivery, and reduced burdens and costs 

for participating agencies, all weigh in 

favor of modernizing the current 

regulations. 

HUD’s proposed rule, then, proposed 

amending the regulations such that 

participating agencies must maintain at 

least one facility and may provide 

remote housing counseling. Additional 

details about the proposed rule may be 

found at 88 FR 73298 (October 25, 

2023). 

II. Final Rule 

This final rule adopts the proposed 

rule without change. This rule will help 

reduce the costs of providing housing 

counseling by allowing participating 

agencies to provide housing counseling 

services at a facility or at an alternate 

location, via telephone, or via 

collaborative online software. All 

facilities must have an identified, 

private space available for the provision 

of counseling services, whether those 

services are in-person or virtual, and 

housing counseling agencies that do not 

provide in-person counseling services 

must refer clients to agencies that 

provide in-person counseling services 

upon a client’s request. This rule does 

not change the requirements that every 

housing counseling agency must 

continue to meet for HUD approval as 

a counseling agency, regardless of the 

setting or format of housing counseling 

services, including having functioned 

for at least one year in the geographical 

area(s) the agency identified in its 

housing counseling work plan, having 

sufficient resources to implement that 

proposed work plan, and being able to 

demonstrate knowledge of local housing 

markets and community resources. 

III. The Public Comments 

HUD received 33 public comments on 

the proposed rule from various 

interested parties, including housing 

finance companies, housing counseling 

service agencies (including HUDapproved agencies), housing counselors, 

state housing agency associations, 

community development and other 

nonprofit organizations, and other 

individuals and entities. 

Support for the Rule 

Most commenters supported HUD’s 

proposal and supported providing 

individuals with options for different 

formats and types of housing counseling 

services, including telephonic and 

online services. Some commenters cited 

general benefits such as increased 


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1https://www.huduser.gov/portal//portal/sites/ 

default/files/pdf/Long-Term-Impact-Report-HUDFirst-Time-Homebuyer-Education-CounselingDemonstration.pdf at pgs. 64–65. This report was 

conducted by Abt Associates in partnership with 

participating lenders and housing counseling 

agencies. 

flexibility and convenience, and 

reduced costs, for clients, consumers, 

those providing services such as 

housing counseling agencies and social 

workers, and landlords. 

Some commenters focused on benefits 

that the shift to virtual and other 

housing counseling service formats has 

already provided. Some commenters 

stated that, as shown during the 

COVID–19 pandemic, the temporary 

partial waiver (TPW) of in-person 

housing counseling requirements and 

the use of virtual services was not only 

implementable but resulted in benefits 

such as an increase in the area served 

and number of clients served, more 

effective use of agency funding, a 

reduction in transportation and 

scheduling burdens, and the prevention 

of the spread of disease and illnesses. 

One commenter said that reducing costs 

would permit more Americans to access 

housing counseling services, and that 

the proposed rule took these costs and 

benefits into account. Another 

commenter noted that the move to 

virtual options has especially benefited 

those clients living at or below 80% of 

the area’s median income by reducing 

childcare and transportation needs and 

costs. Some commenters also 

emphasized that their organizations 

have been able to provide more and 

more accessible services to rural 

communities and to those with 

disabilities. 

Some commenters focused on benefits 

that the rule’s changes, if implemented, 

would provide in the future. Some 

commenters stated that HUD’s proposed 

changes would continue to help 

individuals in rural, suburban, and 

remote areas, particularly those who do 

not drive or own a vehicle. Other 

commenters stated that other barriers 

would be eliminated, such as social 

anxiety concerns associated with inperson counseling and long lines or wait 

times. 

Some commenters said that the use of 

virtual and alternative housing 

counseling methods and a referral 

system for in-person services during the 

period of the TPW did not create 

adverse compliance or financial 

impacts. One commenter also stated that 

there would not be future adverse 

impacts. 

One commenter encouraged HUD to 

promote access to all types of modern 

resources that assist housing counseling 

service providers. Another commenter 

stated that the government should 

respond to consumer preferences as 

communicated through research studies, 

including preferences for more 

telephonic options. 

One commenter stated that most 

consumers in the commenter’s 

community prefer virtual services and 

do not want to return to, and do not 

often request, in-person formats. This 

commenter also explained that 

electronic communication better 

facilitates good recordkeeping practices 

such as date- and time-stamping client 

files and documents. 

One commenter agreed with HUD’s 

proposal to leave other requirements of 

the housing counseling program (those 

not discussed in the proposed rule) 

unchanged. 

HUD Response: HUD appreciates the 

commenters’ support and feedback. This 

final rule aims to modernize the 

delivery of housing counseling by 

allowing the use of alternative 

communication methods to reflect 

advances in technology and shifting 

client engagement preferences. HUD 

agrees with the commenters that virtual 

or telephonic housing counseling 

increases flexibility, promotes 

convenience and access, responds to 

consumer preferences, and reduces cost 

barriers for clients and participating 

agencies. HUD believes that the housing 

counseling service formats provided for 

in this rulemaking, including 

telephonic, virtual, and collaborative 

online software, will sufficiently 

modernize a participating agency’s 

delivery of housing counseling services 

and related recordkeeping practices. 

HUD also agrees with commenters 

who state that this final rule creates the 

opportunity to broaden the reach of 

housing counseling. HUD recognizes 

that difficulties for many groups may 

include the distance and cost of travel 

to the nearest housing counseling 

agency, a lack of available 

transportation, or scheduling issues. 

Allowing for alternative methods of 

housing counseling will increase access 

to services for those groups of 

individuals mentioned by the 

commenters, including individuals with 

disabilities that may experience 

difficulty traveling, and those residing 

in rural areas that may face similar 

difficulties. 

HUD agrees with the commenters that 

state there are already proven benefits to 

this change and continued positive 

outcomes are likely. As some 

commenters indicated, HUD allowed for 

a temporary partial waiver of the inperson housing counseling requirement 

during the COVID–19 pandemic. During 

the pandemic, agencies adapted to 

alternative methods of service delivery 

that HUD determined were more 

practical, cost-effective, accessible, and 

without adverse compliance issues or 

negative financial impacts. 

Opposition to the Rule 

One commenter opposed HUD’s 

proposal. This commenter stated that 

persons seeking housing counseling are 

more likely than others to not have the 

ability to negotiate financing and real 

estate on their own, and online or 

remote interactions may increase 

barriers for those most at risk and in the 

most need. 

HUD Response: HUD believes that 

barriers to housing counseling should be 

eliminated and HUD will continue to 

review options that reduce barriers to 

housing counseling. Research shows 

that the impact of in-person services is 

no different from the impact of remote 

services.1 HUD continues to support inperson services to address each client’s 

unique situation. Increasing access to 

alternative methods of counseling does 

not diminish the importance of inperson counseling. Rather, it promotes 

choice in how a client meets their 

housing goal or addresses their housing 

problem. HUD’s revised regulations 

promote choice between virtual and inperson services by allowing all 

participating agencies to offer virtual 

and remote services, but this does not 

preclude participating agencies from 

offering in-person services. 

Additionally, any client seeking inperson housing counseling may express 

this preference at any time, and, if the 

participating agency does not provide 

in-person services, it must help ensure 

that that client’s preference is fulfilled 

by referring the client to a participating 

agency that does provide in-person 

services. 

Comments About ‘‘Guardrails To 

Mitigate Risks’’ 

Some commenters supported HUD’s 

proposal to include ‘‘safeguards’’ or 

‘‘guardrails’’ such as requiring 

participating agencies to have at least 

one year of experience in their chosen 

geographic area and ensuring that 

housing counselors understand local 

housing programs. A commenter stated 

that, regardless of the form or mode 

through which housing counseling 

services are provided, these safeguards 

are essential to ensure that such services 

continue to be efficient. 

One commenter requested 

clarification of the requirement for 

housing counselors to have functioned 

for at least a year in the geographical 

area set forth in the work plan. The 


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commenter suggested that virtual work 

should count toward this requirement 

and that this not be limited to having 

maintained a facility within the 

geographical area. Specifically, the 

commenter suggested that virtual work 

as provided under a contract with a 

housing market participant, such as a 

state agency or national non-profit 

working within the geographic area, 

should be evidence of such a working 

relationship. 

One commenter said that, as drafted, 

the proposed rule’s guardrails may pose 

barriers to a housing counseling 

agency’s ability to hire qualified staff 

who may not be from the area. The 

commenter suggested that HUD change 

its regulatory requirements to capture 

the following: ‘‘Housing Counselors 

must possess knowledge, or be able to 

attain knowledge, of the local housing 

market, establish working relationships 

with private and public community 

resources, demonstrating that the 

agency maintains a sufficient 

community base.’’ 

HUD Response: HUD agrees with the 

commenters that support the guardrails 

in place. The regulations will continue 

to require participating agencies to have 

functioned for at least a year in the 

geographic area set forth in their work 

plan (see 24 CFR 214.103(d)), and 

housing counseling staff to possess a 

working knowledge of HUD’s housing 

and single-family mortgage insurance 

programs, other state and local housing 

programs available in the community, 

consolidated plans, and the local 

housing market (see 24 CFR 214.103(h)). 

This experience and knowledge may be 

acquired through virtual or in-person 

work in the geographic area. These 

provisions ensure that participating 

agencies demonstrate knowledge and a 

connection to the community they 

serve, whether they choose to do so by 

providing virtual, in-person, or hybrid 

services. 

HUD recognizes that hiring qualified 

housing counseling staff may be 

challenging at times; however, HUD 

does not believe that the guardrails 

contribute to this challenge. Instead, 

promoting the choice to deliver 

counseling services via alternative 

methods may expand hiring 

opportunities by eliminating the barrier 

that physical presence in a geographical 

area may pose. Housing Counseling 

Agencies may also gain experience and 

knowledge of community resources via 

the use of software that connects 

counselors with local resources and aids 

in connecting clients to social service 

providers or programs in their area. 

Comments Requesting Clarification of 

‘‘Collaborative Online Software’’ 

One commenter requested that HUD 

clarify the meaning of ‘‘collaborative 

online software,’’ as the meaning was 

not clear in the proposed rule, and that 

HUD provide examples of which online 

software is sufficient and has the 

necessary security in place. 

HUD Response: HUD appreciates the 

opportunity to further clarify the term 

‘‘collaborative online software’’ as 

mentioned in the proposed rule. This 

term encompasses a range of virtual 

meeting tools designed to support 

collaboration and communication 

between the counselor and client. 

Specifically, these tools offer functions 

such as real-time messaging (chat), 

video conferencing, and the ability to 

share and collaborate on documents. 

Examples of such software include 

platforms like Zoom, Microsoft Teams, 

and Google Workspace. 

Regardless of the collaborative online 

software chosen, program participants 

must continue to follow HUD’s client 

confidentiality and privacy standards. 

HUD’s regulations at 24 CFR 214.315 

require that all information remains 

secure and private, no matter the 

method of service delivery. HUD 

encourages all participating agencies to 

conduct thorough due diligence when 

selecting any software to ensure it 

complies with all applicable security 

requirements and privacy laws, thereby 

safeguarding the integrity of client 

information and interactions. 

Comments Expressing Concern That 

The Rule Will Result in the 

Unavailability of In-Person Housing 

Counseling for Clients Who Need or 

Prefer That Format of Service Provision 

Some commenters emphasized that 

HUD’s regulations still need to be 

inclusive of those who need or would 

prefer in-person services. Some 

commenters stated that this flexibility is 

particularly important for the elderly, 

disabled persons, persons living on 

Native Lands, those who cannot access 

or use technology, and those who do not 

want to discuss the required 

information in a distanced, virtual 

format. 

Some commenters stated that the 

proposed rule already attempts to 

address these concerns by requiring 

participating agencies that choose not to 

provide in-person services to refer 

clients to local providers that do 

provide such services, when requested. 

One commenter stated that, even with 

this provision, there must be 

mechanisms in place to ensure there are 

enough providers who provide inperson housing counseling to meet any 

demand or need. Additionally, the 

commenter stated that participating 

housing counseling agencies should 

provide information about in-person 

and virtual housing counseling service 

options before any such services have 

commenced, in addition to when inperson services are requested, to 

provide consumers with more control in 

how they receive housing counseling 

services. 

One commenter asserted that HUD’s 

proposal lacks any requirements meant 

to address those with accessibility needs 

and older adults, which may result in 

additional barriers for these vulnerable 

populations when they seek out housing 

counseling services and ultimately 

prevent them from benefitting from 

proposed changes. 

HUD Response: HUD’s housing 

counseling program recognizes the 

importance of continuing to serve those 

clients who need or prefer in-person 

services, including individuals who 

belong to the groups identified by 

commenters and others who lack 

sufficient access to the necessary 

technology. The updated regulations do 

not preclude participating agencies from 

continuing to maintain a physical 

presence in the communities they serve 

and, if an agency is unable to serve the 

client in the format the client prefers or 

requires, the agency must, upon the 

client’s request, refer the client to 

another participating agency. 

The proposed rule amended the text 

of 24 CFR 214.300 to remind 

participating agencies that telephonic 

and collaborative online software, and 

any other form of counseling, must be 

accessible for persons with disabilities 

in accordance with section 504 of the 

Rehabilitation Act of 1973 (29 U.S.C. 

794), 24 CFR parts 8 and 9, and the 

Americans with Disabilities Act (42 

U.S.C. 12101 et seq.). Additionally, 

under HUD’s existing regulations at 24 

CFR 214.103(l)(3), which HUD is not 

substantively changing through this 

rulemaking, all housing counseling 

facilities of the HUD-approved agency 

and its branches, affiliates, and 

subgrantees must provide accessibility 

features or make alternate 

accommodations for persons with 

disabilities, in accordance with section 

504 of the Rehabilitation Act of 1973 (29 

U.S.C. 794), 24 CFR parts 8 and 9, and 

the Americans with Disabilities Act (42 

U.S.C. 12101 et seq.). 24 CFR 

214.103(l)(3). This includes the 

requirement that a participating agency 

must ensure effective communication 

with individuals with disabilities, 

including through the provision of 

appropriate auxiliary aids and services, 


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2 88 FR 5375, https://www.federalregister.gov/ 

documents/2023/01/27/2023-01635/initialproposals-for-updating-ombs-race-and-ethnicitystatistical-standards. 

regardless of whether it provides inperson or alternative format counseling 

services. 

Comments About HUD Grants for 

Technology and Program Purchases 

One commenter strongly urged HUD 

to consider allowing the use of HUD 

grants for technology and program 

purchases to further assist housing 

counseling agencies. This may include, 

but is not limited to, purchases of 

internet hotspots and/or devices to 

enhance access to areas without reliable 

internet and/or cellphone coverage. 

HUD Response: The commenter’s 

point is beyond the scope of this 

rulemaking; however, HUD’s housing 

counseling program recognizes the 

importance of technology and internet 

access in an increasingly hybrid and 

virtual office environment. Pursuant to 

the annual Grant Agreement and 

Uniform Guidance, HUD already allows 

reimbursement for technology 

purchases. 

Comments About Online Services To 

Locate Housing Counseling Facilities 

One commenter stated that the online 

services at hud.gov that assist users in 

locating nearby housing counseling 

facilities did not work. 

HUD Response: HUD publishes 

information about its housing 

counseling program and how to locate a 

housing counseling agency in an 

individual’s locale on the HUD website 

https://www.hud.gov/counseling and 

the Consumer Financial Protection 

Bureau’s website https://

www.consumerfinance.gov/find-ahousing-counselor/. If telephonic 

communication is preferred, please call 

800–569–4287 (202–708–1455 TTY). 

Comments Requesting New 

Requirements To Address Limited 

English Proficiency Concerns 

One commenter emphasized the need 

to ensure that HUD’s proposed changes 

do not inadvertently create barriers for 

low- and moderate-income Asian 

American, Native Hawaiian, and Pacific 

Islander individuals with limited 

English proficiency (LEP). The 

commenter recommended that HUD 

incorporate new provisions through this 

rulemaking that would help reduce 

language barriers. For example, the 

commenter suggested that HUD require 

that alternative communication meeting 

tools and methods be equipped with 

multilingual capabilities; that HUD 

ensure that housing counseling agencies 

are adequately resourced to hire and 

train linguistically capable and 

culturally competent housing 

counselors; that HUD ensure that 

compensation structures account for the 

added workload in LEP cases; and that 

HUD ensure the establishment of robust 

referral mechanisms that would account 

for LEP needs in the referral process. 

This commenter also urged HUD to 

consider how to collect disaggregated 

race and ethnicity data to help service 

providers reach certain populations. 

The commenter suggested using the data 

collection standards recently proposed 

by the Office of Management and 

Budget (OMB),2 but with additional 

disaggregation whenever possible. 

HUD Response: HUD agrees with the 

commenter and recognizes the 

importance of serving clients with 

limited English proficiency including 

Asian Americans, Native Hawaiians, 

and Pacific Islanders. However, many of 

the commenter’s proposed changes are 

outside the scope of this rulemaking, 

and HUD’s existing regulations account 

for the commenter’s concerns. HUD 

Housing Counseling Program 

regulations currently require all 

participating agencies to maintain 

‘‘housing counselor(s) who are fluent in 

the language of the clients they serve, or 

use the services of an interpreter, or 

must refer the client to an agency that 

can meet their client’s needs.’’ See 24 

CFR 214.103(g)(3). HUD is not 

proposing to amend this regulation 

through this rulemaking; this is an 

existing requirement. However, HUD is, 

in this rulemaking, emphasizing in new 

24 CFR 214.300(a)(4) that regardless of 

setting or format all participating 

agencies must continue to meet the 

requirements of 24 CFR 214.103(g), as 

well as 214.103(d) and 214.103(h). 

Additionally, Title VI of the Civil Rights 

Act of 1964 requires recipients of 

federal financial assistance to take 

reasonable steps to ensure meaningful 

access to their programs, services, and 

activities by individuals with LEP. This 

and other civil rights requirements 

apply to the Housing Counseling 

program. See 24 CFR 214.503 and 5.105. 

HUD agrees with the suggestion of 

using the data collection standards 

recently proposed by the Office of 

Management and Budget and already 

follows OMB’s Statistical Policy 

Directive No. 15: Standards for 

Maintaining, Collecting, and Presenting 

Federal Data on Race and Ethnicity (89 

FR 22182). 

Comments Suggesting Structural 

Changes for Housing Counseling 

Services 

One commenter suggested that HUD 

set up counseling service locations and 

counselors for first-time and lowincome homebuyers that would assist 

these buyers before closing, to help 

reduce the complexity of issues and the 

need for housing counselors later in the 

process. The commenter suggested that 

this counseling include basic home 

maintenance, improvement, and energy 

management, which would reduce costs 

for new homeowners and reduce the 

chances of default and foreclosure. The 

commenter also urged HUD to help 

educate new homeowners about how to 

recognize when they should seek 

housing counseling. 

HUD Response: HUD agrees with the 

commenter that pre-purchase clients 

benefit from understanding the 

obligations of homeownership after 

purchase, including basic home 

maintenance, improvement, and energy 

management. These topics are outside 

the scope of this rulemaking but are 

approved housing counseling, 

education, and outreach topics that 

participating agencies may provide to 

and discuss with clients under HUD 

regulations at 24 CFR 214.300(e) and the 

HUD Housing Counseling Handbook 

7610.1—REV 6, under the section titled, 

‘‘Approved Housing Counseling, 

Education, and Outreach Topics.’’ 

HUD also agrees with the commenter 

that homeowners could benefit from 

resolving or preventing mortgage 

delinquency and, though this topic is 

also outside the scope of this 

rulemaking, this topic is an approved 

housing counseling, education, and 

outreach topic that participating 

agencies may provide to and discuss 

with clients under HUD regulations at 

24 CFR 214.300(e) and the HUD 

Housing Counseling Handbook 7610.1— 

REV 6, under the sections titled ‘‘NonDelinquency Post-Purchase Counseling’’ 

and ‘‘Resolving or Preventing Forward 

or Reverse Mortgage Delinquency or 

Default.’’ 

Comments Requesting Information 

About the Housing Counseling Program 

One commenter requested more 

information about HUD’s Housing 

Counseling program. 

HUD Response: HUD publishes 

information about its housing 

counseling program and how to locate a 

housing counseling agency in an 

individual’s locale on the HUD website 

https://www.hud.gov/counseling. If 

telephonic communication is preferred, 


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please call 800–569–4287 (202–708– 

1455 TTY). 

Comments About HECM Counseling 

One commenter suggested that HUD 

pursue modernization efforts for HECM 

counseling. 

HUD Response: HECM counseling is 

outside the scope of this rulemaking, 

but HUD recently clarified, in its HUD 

Housing Counseling Handbook 7610.1 

REV.6, that agencies are allowed to 

provide HECM counseling using virtual 

meeting tools designed to support 

collaboration and communication 

between the counselor and client. 

IV. Findings and Certifications 

Regulatory Review—Executive Orders 

12866, 13563, and 14094 

Under Executive Order 12866 

(Regulatory Planning and Review), a 

determination must be made whether a 

regulatory action is significant and, 

therefore, subject to review by the Office 

of Management and Budget (OMB) in 

accordance with the requirements of the 

Order. Executive Order 13563 

(Improving Regulations and Regulatory 

Review) directs executive agencies to 

analyze regulations that are ‘‘outmoded, 

ineffective, insufficient, or excessively 

burdensome, and to modify, streamline, 

expand, or repeal them in accordance 

with what has been learned. Executive 

Order 13563 also directs that, where 

relevant, feasible, and consistent with 

regulatory objectives, and to the extent 

permitted by law, agencies are to 

identify and consider regulatory 

approaches that reduce burdens and 

maintain flexibility and freedom of 

choice for the public. Executive Order 

14094, entitled ‘‘Modernizing 

Regulatory Review’’ (hereinafter referred 

to as the ‘‘Modernizing E.O.’’), amends 

section 3(f) of Executive Order 12866 

(Regulatory Planning and Review), 

among other things. 

The final rule allows counseling 

agencies to provide services through 

virtual methods of service delivery and 

to refer clients who prefer in-person 

counseling to other agencies that offer 

that service. HUD is not changing other 

requirements, for example the 

requirement that a participating agency 

demonstrate knowledge of and a 

connection to the community they 

serve, and the requirement that a 

participating agency comply with state 

and local laws in each geographic area 

in which the participating agency 

operates. The final rule was not subject 

to OMB review. The final rule is not a 

‘‘significant regulatory action’’ as 

defined in Section 3(f) of Executive 

Order 12866 and is not an economically 

significant regulatory action. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.) generally requires 

an agency to conduct a regulatory 

flexibility analysis of any rule subject to 

notice and comment rulemaking 

requirements, unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. The changes 

described in this final rule will 

modernize the regulations governing 

HUD’s Housing Counseling Program to 

allow housing counseling agencies to 

use alternative communication 

methods, including virtual meeting 

tools, in lieu of providing in-person 

services. Participating agencies that do 

not provide in-person services will be 

required to refer clients to local 

providers that provide such services, 

when requested. The final rule will help 

reduce the costs of maintaining multiple 

physical locations, shifting the 

emphasis to demonstrating knowledge 

of the local housing market and 

community resources and whether a 

housing counseling agency has 

established a sufficient community base 

to operate in the area covered by its 

work plan. These revisions do not 

impose a significant economic impact 

on a substantial number of small 

entities. Therefore, the undersigned 

certifies that this rule will not have a 

significant impact on a substantial 

number of small entities. 

Environmental Impact 

This final rule does not direct, 

provide for assistance or loan and 

mortgage insurance for, or otherwise 

govern or regulate real property 

acquisition, disposition, leasing, 

rehabilitation, alteration, demolition, or 

new construction; or establish, revise, or 

provide for standards for construction or 

construction materials, manufactured 

housing, or occupancy. Accordingly, 

under 24 CFR 50.19(c)(1), this final rule 

is categorically excluded from 

environmental review under the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321). 

Executive Order 13132, Federalism 

Executive Order 13132 (entitled 

‘‘Federalism’’) prohibits an agency from 

publishing any rule that has federalism 

implications if the rule either: (i) 

imposes substantial direct compliance 

costs on State and local governments 

and is not required by statute, or (ii) 

preempts State law, unless the agency 

meets the consultation and funding 

requirements of section 6 of the 

Executive Order. This final rule does 

not have federalism implications and 

does not impose substantial direct 

compliance costs on State and local 

governments or preempt State law 

within the meaning of the Executive 

Order. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1531– 

1538) (UMRA) establishes requirements 

for Federal agencies to assess the effects 

of their regulatory actions on State, 

local, and Tribal governments, and on 

the private sector. This final rule does 

not impose any Federal mandates on 

any State, local, or Tribal governments, 

or on the private sector, within the 

meaning of the UMRA. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520), an agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information, 

unless the collection displays a 

currently valid Office of Management 

and Budget (OMB) control number. The 

information collection requirements 

contained in this final rule have been 

approved by OMB under the Paperwork 

Reduction Act and assigned OMB 

control numbers 2502–0574 and 2502– 

0614. 

List of Subjects in 24 CFR Part 214 

Administrative practice and 

procedure; Grant programs—housing 

and community development; Loan 

programs—housing and community 

development; Organization and 

functions (government agencies); 

Reporting and recordkeeping 

requirements. 

Accordingly, for the reasons stated in 

the preamble above, HUD amends 24 

CFR part 214 as follows: 

PART 214—HOUSING COUNSELING 

PROGRAM 

■ 1. The authority citation for part 214 

continues to read as follows: 

Authority: 12 U.S.C. 1701x, 1701x–1; 42 

U.S.C. 3535(d). 

■ 2. Revise § 214.103(l) to read as 

follows: 

§ 214.103 Approval Criteria. 

* * * * * 

(l) Facilities. All participating 

agencies must maintain at least one 

facility. All facilities must meet the 

following criteria: 

(1) Have a clearly identified space 

available for the provision of housing 

counseling services; 


lotter on DSK11XQN23PROD with RULES1
75502 Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Rules and Regulations 

(2) Provide privacy for counseling 

services and confidentiality of client 

records; and 

(3) Provide accessibility features or 

make alternative accommodations for 

persons with disabilities, in accordance 

with section 504 of the Rehabilitation 

Act of 1973 (29 U.S.C. 794), 24 CFR 

parts 8 and 9, and the Americans with 

Disabilities Act (42 U.S.C. 12101 et 

seq.). 

* * * * * 

■ 3. In § 214.300: 

■ a. Revise paragraph (a)(3); 

■ b. Redesignate paragraphs (a)(4) 

through (9) as paragraphs (5) through 

(10) respectively; and 

■ c. Add new paragraph (a)(4). 

The revision and addition read as 

follows: 

§ 214.300 Counseling Services. 

(a) * * * 

(3) Counseling may take place at the 

housing counseling agency facility or at 

an alternate location, and may be 

conducted by telephone, or via 

collaborative online software. Agencies 

must ensure that any telephonic or 

collaborative online software, or any 

form of counseling, is accessible for 

persons with disabilities, in accordance 

with section 504 of the Rehabilitation 

Act of 1973 (29 U.S.C. 794), 24 CFR 

parts 8 and 9, and the Americans with 

Disabilities Act (42 U.S.C. 12101 et 

seq.). All agencies participating in 

HUD’s Housing Counseling program 

must, upon a client’s request, refer 

clients to participating agencies that 

provide in-person counseling services in 

accordance with § 214.303(e). 

(4) Regardless of setting or format, all 

participating agencies must continue to 

meet the requirements of § 214.103(d), 

214.103(g), and 214.103(h). 

* * * * * 

Julia R. Gordon, 

Assistant Secretary for Housing—Federal 

Housing Commissioner. 

[FR Doc. 2024–20946 Filed 9–13–24; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2024–0852] 

Safety Zones; Annual Events in the 

Captain of the Port Eastern Great 

Lakes Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone for the Blazing Paddles 

Paddlefest 2024 marine event on 

September 15, 2024. Due to adverse heat 

conditions on June 22, 2024, the original 

event was cancelled and has been 

rescheduled for September 15, 2024. 

Additionally, the event course on the 

Cuyahoga River was altered to a reduced 

scale to accommodate the schedule 

change. The event course will be 

between the following positions: 

41°29′54.2′′ N 081°42′18.1′′ W and 

41°29′22.2′′ N 081°40′52.2′′ W. This 

action is necessary and intended for the 

safety of life and property on navigable 

waters during this event. During the 

enforcement period, no person or vessel 

may enter the respective safety zone 

without the permission of the Captain of 

the Port Eastern Great Lakes or a 

designated representative. 

DATES: The regulations listed in 33 CFR 

165.939 Table 165.939, will be enforced 

for the following event during the date 

and time indicated below: 

(a)(7) Blazing Paddles (Blazing 

Paddles Paddlefest 2024)—from 10:00 

a.m. through 3:00 p.m. on September 15, 

2024. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Petty Officer 

Cody Mayrer at Marine Safety Unit 

Cleveland’s Waterways Management 

Division; telephone 216–937–0111, 

email D09-SMB-MSUCLEVELANDWWM@uscg.mil 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce this safety zone for 

the Blazing Paddles annual event in the 

Captain of the Port Eastern Great Lakes 

Zone listed in 33 CFR 165.939, Table 

165.939. Pursuant to 33 CFR 165.23, 

entry into, transiting, or anchoring 

within this safety zone during the 

enforcement period is prohibited unless 

authorized by the Captain of the Port 

Eastern Great Lakes or his designated 

representative. Those seeking 

permission to enter the safety zone may 

request permission from the Captain of 

Port Eastern Great Lakes via channel 16, 

VHF–FM. Vessels and persons granted 

permission to enter the safety zone shall 

obey the directions of the Captain of the 

Port Eastern Great Lakes or his 

designated representative. While within 

a safety zone, all vessels shall operate at 

the minimum speed necessary to 

maintain a safe course. 

This notice of enforcement is issued 

under authority of 33 CFR 165.939 and 

5 U.S.C. 552(a). In addition to this 

notice of enforcement in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via Broadcast Notice to Mariners or 

Local Notice to Mariners. If the Captain 

of the Port Eastern Great Lakes 

determines that the safety zone need not 

be enforced for the full duration stated 

in this notice, the Broadcast Notice to 

Mariners will be cancelled. This 

notification is being issued by the Coast 

Guard Sector Eastern Great Lakes 

Prevention Department Head at the 

direction of the Captain of the Port. 

Dated: September 9, 2024. 

J.B. Bybee, 

Commander, U.S. Coast Guard, Sector 

Eastern Great Lakes Prevention Department 

Head. 

[FR Doc. 2024–21008 Filed 9–13–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2023–0481; FRL–11913– 

02–R5] 

Air Plan Approval; Indiana; Sulfur 

Dioxide 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the monitoring and compliance 

requirements for certain process heater 

stacks at Safety-Kleen Oil Recovery 

Company in Lake County, Indiana 

(Safety-Kleen). EPA is also approving 

small language clarifications and 

equipment listing revisions for SafetyKleen in the Indiana SIP for sulfur 

dioxide (SO2). EPA proposed to approve 

this action on June 24, 2024, and 

received no adverse comments. 

DATES: This final rule is effective on 

October 16, 2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2023–0481. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information (CBI), Proprietary Business 

Information (PBI), or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 


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