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Associations--Community Facilities Loans
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: September 27, 2002 (Volume 67, Number 188)]
[Rules and Regulations]
[Page 60853-60854]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se02-1]
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Rules and Regulations
Federal Register
________________________________________________________________________
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.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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DEPARTMENT OF AGRICULTURE
Rural Housing Service
Rural Business Cooperative Service
Rural Utilities Service
Farm Service Agency
7 CFR Part 1942
Associations--Community Facilities Loans
AGENCY: Rural Housing Service, USDA.
ACTION: Final rule.
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SUMMARY: The Rural Housing Service (RHS) hereby amends the regulations
utilized to administer the Community Facilities loan program to remove
administrative requirements and the requirement to complete Forms RD
1942-14, 1942-43, and 1942-45 from Federal regulations. Forms RD 1942-
14, 1942-43, and 1942-45 are completed by Federal employees processing
loan requests to summarize information concerning project feasibility.
Removal of the forms from the regulation will allow us to consolidate
the forms and print a specialized project summary for each project from
information entered into the Rural Development automated system.
EFFECTIVE DATE: September 27, 2002.
FOR FURTHER INFORMATION CONTACT: Dan Spieldenner, Community Programs
Senior Loan specialist, Rural Housing Service, U.S. Department of
Agriculture, STOP 0787, 1400 Independence Avenue SW., Washington, DC
20250-0787, telephone: (202) 720-9700.
SUPPLEMENTARY INFORMATION:
Classification
This action is not subject to the provisions of Executive Order
12866 since it involves only internal Agency management. This action is
not published for proposed rulemaking because it involves only internal
Agency management and publication for notice and comment is not
necessary.
Programs Affected
The Catalog of Federal Domestic Assistance Program impacted by this
action is 10.766, Community Facilities Loans and Grants.
Intergovernmental Review
These loans are subject to the provisions of Executive Order 12372,
which require intergovernmental consultation with State and local
officials. RHS conducts intergovernmental consultations for each loan
in the manner delineated in 7 CFR, part 3015 subpart V.
Civil Justice Reform
This final 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) except as expressively provided in the regulation, no
retroactive effect will be given to this rule; and (3) administrative
proceedings of the National Appeals Division (7 CFR part 11) must be
exhausted before bringing suit in court challenging action taken under
this rule.
Environmental Impact Statement
The action has been reviewed in accordance with 7 CFR part 1940,
subpart G, ``Environmental Program.'' The Agency has determined 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, 42 U.S.C. 4321 et seq.,
an Environmental Impact Statement is not required.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. chapters 17A and 25, established 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 1 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, most cost-effective, or least burdensome 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.
Regulatory Flexibility Act
This 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.
Implementation
It is the policy of this Department that rules relating to public
property, loans, grants, benefits, or contracts shall comply with 5
U.S.C. 553, notwithstanding the exemption of that section with respect
to such rules. This action is not published for proposed rulemaking
because it involves only internal Agency management and publication for
notice and comment is unnecessary.
Paperwork Reduction Act
The information collection and recordkeeping requirements contained
in this regulation have been approved by the Office of Management and
Budget (OMB) under the provisions of 44 U.S.C. chapter 35 and were
assigned OMB control number 0575-0015 in accordance with the Paperwork
Reduction Act of 1995. Under the Paperwork Reduction Act of 1955, no
person is required to respond to a collection of information unless it
displays a valid OMB control number. This final rule does not impose
any new information or recordkeeping requirements.
[[Page 60854]]
Discussion
The Agency has determined that internal administrative forms
completed by Agency employees are not subject to Federal regulatory
requirements when information is obtained from other OMB-approved
forms. Removal of administrative processing requirements and
administrative forms will improve our ability to modernize our
documentation process used to determine project feasibility and
eligibility for program funding. We are developing a customized project
summary for each project with our automated system to replace Forms RD
1942-14, 1942-43, and 1942-45.
List of Subjects in 7 CFR Part 1942
Community Development, Community Facilities, Loan programs--Housing
and Community Development, Loan security, Rural areas, Waste treatment
and disposal--Domestic, Water supply--Domestic.
PART 1942--ASSOCIATIONS
1. The authority citation for part 1942 continues to read as
follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1932; 7 U.S.C. 1989; 16 U.S.C.
1005.
Subpart A--Community Facilities Loans
2. Section 1942.5 is amended by revising paragraphs (a)(1),
introductory, (a)(2), (a)(3), (b)(1)(ii)(C), the introductory text of
(c) and paragraph (c)(3) to read as follows:
Sec. 1942.5 Application review and approval.
(a) * * *
(1) The Rural Development manager will complete the project
summary, including written analysis and recommendations, and will
prepare a draft letter of conditions listing all the requirements that
the applicant must agree to meet within a specific time.
* * * * *
(2) The State staff engineer or architect, as appropriate, will
include a written analysis and recommendations on the project summary.
(1) The Chief, Community Programs or Community and Business
Programs, will review the assembled application and include in the
project summary a written analysis and recommendations, including the
availability of other credit and other eligibility determinations. The
draft letter of conditions will be reviewed and any necessary
modifications made.
(b) * * *
(1) * * *
(ii)* * *
(C) Community Facilities Project Summary.
(c) For all applications. All letters of conditions will be
addressed to the applicant, signed by the Rural Development Manager or
other Agency representative designated by the State Director, and
delivered to the applicant. Upon signing the letter of conditions, the
Rural Development Manager will send two copies of the letter of
conditions and two copies of the project summary to the State Director.
The State Director will immediately send one copy of the project
summary and a copy of the letter of conditions to the National Office,
Attention: Community Programs. The Rural Development Manager, with
assistance as needed from the State Office, will discuss the
requirements of the letter of conditions with the applicant's
representatives and afford them an opportunity to execute Form RD 1942-
46.
* * * * *
(3) If the applicant accepts the letter of conditions, the Rural
Development Manager will forward the executed Form RD 1942-46 and a
signed and an unsigned copy of Form RD 1940-1 to the State Director.
* * * * *
3. Section 1942.17(f) is amended by revising paragraph (f)(1) to
read as follows:
Sec. 1942.17 Community facilities.
* * * * *
(f) * * *--(1) General. Each loan will bear interest at the rate
prescribed in RD Instruction 440.1, exhibit B (available in any Rural
Development office). The interest rates will be set by Rural
Development at least for each quarter of the fiscal year. All rates
will be adjusted to the nearest one-eighth of 1 percent. The applicant
may submit a written request prior to loan closing that the interest
rate charged on the loan be the lower of the rate in effect at the time
of loan approval or the rate in effect at the time of loan closing. If
the interest rate is to be that in effect at loan closing, the interest
rate charged on a loan involving multiple advances of Rural Development
funds, using temporary debt instruments, shall be that in effect on the
date when the first temporary debt instrument is issued. If no written
request is received from the applicant prior to loan closing, the
interest rate charged on the loan will be the rate in effect at the
time of loan approval.
* * * * *
Subpart C--Fire and Rescue Loans
Sec. 1942.108 [Amended]
4. Section 1942.108(b) is removed and reserved.
Dated: September 20, 2002.
Arthur A. Garcia,
Administrator, Rural Housing Service.
[FR Doc. 02-24621 Filed 9-26-02; 8:45 am]
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