This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

85035 

Vol. 89, No. 207 

Friday, October 25, 2024 

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: Final rule. 

SUMMARY: The Rural Housing Service 

(RHS or Agency), a Rural Development 

(RD) agency of the United States 

Department of Agriculture (USDA), is 

amending the current regulation for the 

Off-Farm Labor Housing (Off-FLH) 

program to clarify the grant agreement 

term and adopt the period of 

performance as required by Federal 

award information requirements. The 

Agency expects the changes to clarify 

for applicants and grantees their 

obligations and requirements as Federal 

award recipients. 

DATES: Effective date: October 25, 2024. 

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. Summary of Comments and 

Responses 

Stakeholder input is vital to ensure 

that proposed changes to current 

regulations will support the Agency’s 

mission, while ensuring that new 

regulations and policies are reasonable 

and do not overly burden the Agency’s 

lenders and their customers. The Rural 

Housing Service (RHS) published a 

proposed rule in the Federal Register on 

September 12, 2023 (88 FR 62475) and 

a 60-day comment period was provided 

for the public to submit comments, 

which closed on November 13, 2023. 

The Agency did not receive any 

comments therefore, the final rule will 

publish with no changes from the 

published proposed rule. 

III. Discussion of the Final Rule 

This final rule is necessary to bring 

the current regulation at 7 CFR 3560.566 

into compliance with 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 time interval between the 

start and end date of a Federal award, 

which may include one or more budget 

periods. Identification of the period of 

performance in the Federal award 

consistent with 7 CFR 200.211(b)(5) 

does not commit the Federal agency to 

fund the award beyond the currently 

approved budget period.’’ 

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 changes in this final 

rulemaking will clarify the term of the 

grant agreement in 7 CFR 3560.566(c) 

and define a five-year fixed period of 

performance in 7 CFR 3560.566(d) so 

that applicants and grantees will have a 

better understanding of their obligations 

and requirements as Federal award 

recipients. 

IV. Summary of Rule Changes 

No comments were received from the 

public on the proposed rule that 

published in the Federal Register on 

September 12, 2023 (88 FR 62475). The 

following are the changes being made to 

7 CFR part 3560: 

(1) In 7 CFR 3560.566(c), the term of 

grant agreement will remain in effect for 

as long as there is a need for the 

housing, as determined by the Agency. 

(2) In 7 CFR 3560.566, a new 

paragraph will be added to define the 

grant period of performance as 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. 

V. 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, 


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85036 Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Rules and Regulations 

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 final rule has been determined to 

be non-significant and, therefore, was 

not reviewed by the Office of 

Management and Budget (OMB) under 

Executive Order 12866. 

Executive Order 12988, Civil Justice 

Reform 

This final rule has been reviewed 

under Executive Order 12988. In 

accordance with this rule: (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 final 

rule do not have any substantial direct 

effect on States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of Government. This 

Final 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 final rule has been reviewed in 

accordance with the requirements of 

Executive Order 13175, Consultation 

and Coordination with Indian Tribal 

Governments. Executive Order 13175 

requires Federal agencies to consult and 

coordinate with tribes on a governmentto-government basis on policies that 

have Tribal implications, including 

regulations, legislative comments or 

proposed legislation, and other policy 

statements or actions that have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Consultation is also required for any 

regulation that preempts Tribal law or 

that imposes substantial direct 

compliance costs on Indian Tribal 

governments and that is not required by 

statute. 

The Agency has determined that this 

final rule does not, to our knowledge, 

have Tribal implications that require 

formal Tribal consultation under 

Executive Order 13175. If a Tribe 

requests consultation, the RHS will 

work with the Office of Tribal Relations 

and USDA Rural Development’s Tribal 

Relations Team to ensure meaningful 

consultation is provided where changes, 

additions and modifications identified 

herein are not expressly mandated by 

Congress. 

National Environmental Policy Act 

In accordance with the National 

Environmental Policy Act of 1969, 

Public Law 91–190, this final rule has 

been reviewed in accordance with 7 

CFR part 1970 (‘‘Environmental Policies 

and Procedures’’). The Agency has 

determined that (i) this action meets the 

criteria established in 7 CFR 1970.53(f); 

(ii) no extraordinary circumstances 

exist; and (iii) the action is not 

‘‘connected’’ to other actions with 

potentially significant impacts, is not 

considered a ‘‘cumulative action’’ and is 

not precluded by 40 CFR 1506.1. 

Therefore, the Agency has determined 

that the action does not have a 

significant effect on the human 

environment, and therefore neither an 

Environmental Assessment nor an 

Environmental Impact Statement is 

required. 

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 final rule as not a major 

rule, as defined by 5 U.S.C. 804(2). 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601–602) (RFA) generally 

requires an agency to prepare a 

regulatory flexibility analysis of any rule 

subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act (‘‘APA’’) 

or any other statute. The Administrative 

Procedures Act exempts from notice and 

comment requirements rules ‘‘relating to 

agency management or personnel or to 

public property, loans, grants, benefits, 

or contracts’’ (5 U.S.C. 553(a)(2)), so 

therefore an analysis has not been 

prepared for this rule. 

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 

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 final rule contains no Federal 

mandates (under the regulatory 

provisions of title II of the UMRA) for 

State, local, and Tribal Governments or 

for the private sector. Therefore, this 

final rule is not subject to the 

requirements of sections 202 and 205 of 

the UMRA. 

Paperwork Reduction Act 

This final rule contains no new 

reporting or recordkeeping burdens 

under OMB control number 0572–0189 

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, which requires 

Government agencies in general to 

provide the public the option of 

submitting information or transacting 

business electronically to the maximum 

extent possible and to promote 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 

final 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, marital or familial status. 

Based on the review and analysis of the 

rule, and all available data, issuance of 

this final rule is not likely to negatively 

impact 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 


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Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Rules and Regulations 85037 

rights impact is likely to result from this 

final 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. The Assistance 

Listings are available at https://sam.gov/. 

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, or the 711 

Federal Relay Service. 

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. 

Severability 

It is USDA’s intention that the 

provisions of this final rule shall operate 

independently of each other. In the 

event that this final rule or any portion 

of this final rule is ultimately declared 

invalid or stayed as to a particular 

provision, it is USDA’s intent that the 

final rule nonetheless be severable and 

remain valid with respect to those 

provisions not affected by a declaration 

of invalidity or stayed. USDA concludes 

it would separately adopt all of the 

provisions contained in this final rule. 

List of Subjects in 7 CFR Part 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 is 

amending 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. 

Yvonne Hsu, 

Acting Administrator, Rural Housing Service. 

[FR Doc. 2024–24742 Filed 10–24–24; 8:45 am] 

BILLING CODE 3410–XV–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2024–1696; Project 

Identifier MCAI–2023–01234–A; Amendment 

39–22850; AD 2024–19–08] 

RIN 2120–AA64 

Airworthiness Directives; Diamond 

Aircraft Industries Inc. (Type 

Certificate Previously Held by Diamond 

Aircraft Industries GmbH) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2009–10– 

04 for certain Diamond Aircraft 

Industries GmbH (type certificate now 

held by Diamond Aircraft Industries 

Inc.) Model DA 40 and DA 40 F 

airplanes. AD 2009–10–04 required 

repetitively inspecting the nose landing 

gear (NLG) leg for cracks and replacing 

the NLG leg if cracks are found. Since 

the FAA issued AD 2009–10–04, 

Transport Canada updated mandatory 

continuing airworthiness information 

(MCAI) to correct this unsafe condition 

on these products. This AD results from 

changes made to the part replacement 

options and the repetitive inspections. 

This AD requires doing repetitive 

detailed inspections of the NLG leg 

pivot axle for cracking and if cracking 

is found replacing that part with a 

serviceable part. This AD also requires 

eventually replacing all NLG legs having 

certain part numbers with serviceable 

parts, if not already done, and prohibits 

installing affected parts. Replacing 

affected parts with serviceable parts is 

terminating action for the repetitive 

inspections specified in this AD. The 

FAA is issuing this AD to address the 

unsafe condition on these products. 

DATES: This AD is effective November 

29, 2024. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of November 29, 2024. 

ADDRESSES: 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2024–1696; 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 MCAI, any 

comments received, and other 

information. The address for Docket 

Operations is U.S. Department of 

Transportation, Docket Operations, M– 


ddrumheller on DSK120RN23PROD with RULES1