Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices 12077 

Summary of Collection: USDA’s Food 

and Nutrition Service (FNS) depends 

upon the APEC study series to provide 

reliable, national estimates of errors and 

improper payments made to school 

districts in which the National School 

Lunch Program (NSLP) and School 

Breakfast Program (SBP) are operated. 

This is the fourth study in the APEC 

series and it will provide the required 

information for school year (SY) 2023– 

2024. 

The Payment Integrity Information 

Act of 2019 (PIIA) requires that FNS 

identify and reduce improper payments 

in these programs, including both 

underpayments and overpayments. In 

order to comply with the law, programs 

must have a statistically valid rate of 

improper payment below 10 percent, 

and programs out of compliance with 

PIIA are subject to increased scrutiny 

and reporting requirements. 

Need and Use of the Information: The 

specific study objectives of APEC IV are: 

Objective 1: Generate a national 

estimate of the annual amount of 

improper payments in the National 

School Lunch Program and School 

Breakfast Program based on SY 2023– 

2024 by replicating and refining the 

methodology used in prior APEC 

studies. Objective 2: Provide a robust 

examination of the relationship between 

error rates and student (household), 

school, and school food authority (SFA) 

characteristics. Objective 3: Conduct 

two sub-studies testing the effect that 

data collection methods have on 

responses. 

APEC IV will collect data to measure 

certification, aggregation, and meal 

claiming errors via in-person visits to 

SFAs and schools and surveys of SFA 

directors and households. Data 

collection will include (a) abstraction 

from income eligibility applications and 

categorical eligibility records; (b) 

abstraction of meal count and claiming 

records from SFAs, schools, States, and 

FNS administrative data; (c) an online 

survey of SFA directors; (d) meal 

observations in schools; and (e) a 

telephone survey of households. 

Description of Respondents: 

Individuals/Households, State, Local, or 

Tribal government. 

Number of Respondents: 13,068. 

Frequency of Responses: Reporting: 

Once, Annually. 

Total Burden Hours: 21,013. 

Ruth Brown, 

Departmental Information Collection 

Clearance Officer. 

[FR Doc. 2022–04478 Filed 3–2–22; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

Rural Housing Service 

[Docket No. RHS–19–MFH–0024] 

New Fee Structure for Section 538 

Guaranteed Rural Rental Housing 

Program Initial and Annual Guarantee 

Fees 

AGENCY: Rural Housing Service, USDA. 

ACTION: Notice. 

SUMMARY: The Rural Housing Service 

(RHS or the Agency), a Rural 

Development agency of the United 

States Department of Agriculture 

(USDA), is announcing a new fee 

structure for the Section 538 Guaranteed 

Rural Rental Housing Program (GRRHP) 

initial and annual guarantee fees. 

DATES: The effective date of the revised 

fees is April 4, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Tammy Daniels, Finance and Loan 

Analyst, Multi-Family Housing 

Production and Preservation Division, 

Rural Housing Service, USDA, STOP 

0781, 1400 Independence Avenue SW, 

Washington, DC 20250–0781, 

Telephone: (202) 720–0021 (this is not 

a toll-free number); email: 

tammy.daniels@usda.gov. 

SUPPLEMENTARY INFORMATION: 

Authority 

The RHS administers the 538 

Guaranteed Rural Rental Housing 

Program (GRRHP) loans under the 

authority of the Housing Act of 1949, as 

amended (42 U.S.C. 1490p–2) and 

operates under 7 CFR part 3565. As set 

forth in 7 CFR part 3565, the Agency 

will publish any changes to the fees in 

a Notice in the Federal Register. 

Background 

RHS administers the Section 538 

Guaranteed Rural Rental Housing 

Program (GRRHP) under the authority of 

the Housing Act of 1949, as amended 

(42 U.S.C. 1490p–2). Under the GRRHP, 

RHS guarantees loans for the 

development of housing and related 

facilities in rural areas. Section 538(g) 

authorizes the Secretary of Agriculture 

to charge certain fees to lenders for loan 

guarantees (see, 42 U.S.C. 1490p–2(g)). 

The fees charged are used to cover the 

costs of loan guarantees pursuant to the 

provisions of the Credit Reform Act of 

1990 (2 U.S.C. 661 et seq.). 

On December 3, 2020, the Agency 

published a final rule in the Federal 

Register at 85 FR 77985 with an 

effective date of January 4, 2021,which 

amended 7 CFR part 3565 by removing 

the stated amount that the Agency will 

charge for the initial and annual 

guarantee fees. This regulation update 

affords the program the flexibility and 

ability to create the maximum housing 

affordability to residents by lowering 

program costs when practical, without 

the need for a regulatory change. As 

stated in the final rule, if changes occur 

in the fee amounts, the Agency will 

release those changes through a Notice 

in the Federal Register and will provide 

guidance on how to process the loans 

which will be impacted by the new fee 

structure. Interested parties will be able 

to locate current fees on the Agency’s 

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

programs-services/multifamily-housingprograms/multifamily-housing-loanguarantees. 

New Fee Structure 

Projects with a fully executed (signed 

by both the Agency and Lender) 

conditional commitment as of the date 

this notice is published, or a loan 

obligated prior to October 1, 2021 are 

ineligible for the reduced fees. Loans in 

the following three categories will 

receive a greater reductions in the fees: 

(1) Green and Energy Efficient, (2) 

Preservation of Existing Section 515, 

514/516 Rural Development Properties, 

and (3) Workforce Housing. The overall 

status of the GRRHP portfolio is healthy. 

There is a low delinquency rate, the 

program operates at a negative subsidy, 

and the program has used all or most of 

its appropriations in the past 5 years. 

The initial and annual guarantee fee is 

usually passed on to the borrower. 

Reducing the fees will decrease the debt 

service for future loans which will 

ultimately decrease the rents and 

provide savings to the tenants, allow 

more funds to be allocated toward 

capital improvements while continuing 

to offset the cost to operate the program. 

On February 18, 2021, the Agency 

conducted a forum soliciting feedback 

from Section 538 lenders, borrowers, 

and program stakeholders. The general 

feedback was that the new fee structure 

for the initial and annual guarantee fees 

should take into account affordability 

and target projects whose rents are at 60 

percent Area Median Income (AMI) and 

have current government subsidies. The 

new fee structure being implemented 

has taken this into account by providing 

greater reduced fees for preservation of 

existing Section 515, 514/516 Rural 

Development properties. 

The annual fee will not be changed 

for existing Section 538 GRRHP loans. 

At the discretion of the Agency, Section 

538 GRRHP loans that are refinanced or 

modified after the revised fee structure 

goes into effect and can successfully 

demonstrate that the reduced fee results 


khammond on DSKJM1Z7X2PROD with NOTICES
12078 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices 

in capital improvements to the property 

or a reduction of rents, will be 

considered for eligibility of a reduced 

fee. Existing 538 GRRHP loans that are 

refinanced or modified, solely as part of 

an interest rate reduction, will not be 

eligible for reduced annual fees. The 

three categories that will receive a 

greater reduction in the fees are detailed 

as follows: 

1. Workforce Housing: Workforce Housing 

is defined as housing affordable to 

households earning between 60 and 120 

percent of area median income (AMI). By 

statute, the income in the 538 program is 

capped at 115 percent AMI. Properties with 

100 percent of the units affordable to 

households at 80 percent–115 percent AMI 

will be eligible for the reduced fee. 

2. Preservation of Existing Section 515, 

514/516 Rural Development Properties. 

3. Green and Energy Efficient Fee 

Structure: Upon submission of the 

application for existing properties that meet 

the requirement of the Green/Energy Efficient 

fee structure, the lender must collect from the 

borrower and submit to the Agency evidence 

that the specified, independent green 

building standard has been achieved. Owners 

may access the United States Environmental 

Protection Agency’s ENERGY STAR Portfolio 

Manager software at no cost. Evidence will be 

in the form of a copy of the Portfolio 

Manager’s report showing that the building 

performance is at or above 75 on the 1–100 

ENERGY STAR score in Portfolio Manager. 

For new construction and substantial 

rehabilitation or renovations, the lender and 

owner must certify that it will pursue and 

achieve an industry recognized standard for 

green building. That evidence must be 

submitted no more than 15 months after 

completion of construction or 15 months 

after break-even occupancy when those 

standards have been achieved. If these 

standards are not achieved, the Agency may 

impose protocols or restrictions to ensure the 

property is brought into compliance. 

Acceptable, independently verified 

standards include the Enterprise Green 

Communities Criteria; U.S. Green Building 

Council’s LEED–H, LEED–H Midrise, LEED– 

NC, or LEED for Existing Buildings: 

Operations & Maintenance; ENERGY STAR 

certification; EarthCraft House; EarthCraft 

Multifamily; Earth Advantage New Homes; 

Greenpoint Rated New Home; Greenpoint 

Rated Existing Home (Whole House or Whole 

Building label); the National Green Building 

Standard (NGBS); Passive Building 

Certification or EnerPHit Retrofits 

certification from the Passive House Institute 

US (PHIUS), International Passive House 

Association, or the Passive House Institute; 

and Living Building Challenge Certification 

from the International Living Future 

Institute, or other industry-recognized green 

building standards, in the sole discretion of 

Rural Development, Multi-Family Housing. 

These programs evolve and newer versions 

are published, sometimes annually. Projects 

must participate in the current version of the 

programs and must consult with the program 

provider for the most current, applicable and 

available programs for their project location. 

The Agency announces the new fee 

structure as follows: 

Initial guarantee fee 

(due prior to or at closing) 

Annual guarantee fee 

(due each year or portion of 

the year the guarantee 

remains in effect) * 

Basis points 

Basis points 

Amended Fee Structure ...................................................................................... 65 35 

Workforce Housing—Rents between 80%–115% AMI ....................................... 60 25 

Preservation of Existing Section 515, 514/516 Rural Development Properties 60 25 

Section 538 New Construction/Substantial Rehab w/Green ............................... 60 25 

* The annual guarantee fee is paid in advance. (Example: A loan that closes on December 31, 2021 will incur the annual fee for 2022). 

Non-Discrimination Statement 

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, or staff office; the USDA 

TARGET Center at (202) 720–2600 

(voice and TTY); 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.ocio.usda.gov/document/ 

ad-3027, 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 (ASCR) 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: OASCR.Program-Intake. 

Joaquin Altoro, 

Administrator, Rural Housing Service. 

[FR Doc. 2022–04442 Filed 3–2–22; 8:45 am] 

BILLING CODE 3410–XV–P 

COMMISSION ON CIVIL RIGHTS 

Agenda and Notice of a Public 

Meetings of the Maine Advisory 

Committee 

AGENCY: Commission on Civil Rights. 

ACTION: Announcement of a public 

meetings. 

SUMMARY: Notice is hereby given, 

pursuant to the provisions of the rules 

and regulations of the U.S. Commission 

on Civil Rights (Commission), and the 

Federal Advisory Committee Act 

(FACA), that the Maine State Advisory 

Committee to the Commission will hold 

virtual meetings for project planning on 

Thursday, March 31, 2022, at 2:00 p.m. 

(ET); Thursday, April 28, 2022, at 12:00 

p.m. (ET); and Wednesday, May 4, 2022, 

at 12:00 p.m. (ET). 

DATES: 


khammond on DSKJM1Z7X2PROD with NOTICES