[Federal Register Volume 79, Number 181 (Thursday, September 18, 2014)]
[Rules and Regulations]
[Pages 55965-55968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21704]
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DEPARTMENT OF AGRICULTURE
Rural Housing Service
Rural Business-Cooperative Services
Rural Utilities Service
Farm Service Agency
7 CFR Parts 1940, 1942, 1944, 1948, and 1980
RIN 0575-ZA01
Eliminate the 6-Day Reservation Period Requirement for Rural
Development Obligations
AGENCY: Rural Housing Service, Rural Business-Cooperative Service,
Rural Utilities Service, and Farm Service Agency, USDA.
ACTION: Direct final rule.
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SUMMARY: Rural Development (RD) is amending the regulations so that an
obligation date for all guaranteed loans, direct loans, and grants will
no longer be 6 working days from the date of request for reservation of
authority. This action is necessary as the 6-day reservation period
will be permanently removed from the Commercial Loan Servicing System
(CLSS), Guaranteed Loan System (GLS), and Program Loan Accounting
System (PLAS). The effect of this action will reduce system or manual
intervention when legislative mandates direct cutoff for obligations
and/or funding; eliminate program waivers on obligation date; increase
consistency with other RD programs; reduce risks with new system
implementations, such as the Financial Modernization Management
Initiative; and eliminate numerous reconciliation issues between
processed obligations and actual obligations for internal RD reports
and USDA reporting requirements.
DATES: This rule will become effective January 16, 2015 without further
action, unless the Agency receives written adverse comments on or
before November 17, 2014. If the Agency receives adverse comments, the
Agency will publish a timely document in the Federal Register
withdrawing the amendment.
Any adverse comments received will be considered under the proposed
rule published in this edition of the Federal Register in the proposed
rule section. A second public comment period will not be held. Written
comments must be received by the Agency or carry a postmark no later
than November 17, 2014.
ADDRESSES: You may submit comments to this rule by any of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Submit written comments via the U.S. Postal Service
to the Branch Chief, Regulations and Paperwork Management Branch, U.S.
Department of Agriculture, STOP 0742, 1400 Independence Avenue SW.,
Washington, DC 20250-0742.
Hand Delivery/Courier: Submit written comments via Federal
Express Mail or other courier service requiring a street address to the
Branch Chief, Regulations and Paperwork Management Branch, U.S.
Department of Agriculture, 300 7th Street SW., 7th Floor, Washington,
DC 20024.
All written comments will be available for public inspection during
regular work hours at 300 7th Street SW., 7th Floor address listed
above.
FOR FURTHER INFORMATION CONTACT: Ms. Amanda Lammering, Rural
Development, U.S. Department of Agriculture, 4300 Goodfellow Blvd., FC-
33, St. Louis, MO 63120; email: [email protected];
telephone (314) 457-4058; or Ms. Kristen Landwehr, Rural Development,
U.S. Department of Agriculture, 4300 Goodfellow Blvd., FC-33, St.
Louis, MO 63120; email: [email protected]; telephone (314)
457-4180.
SUPPLEMENTARY INFORMATION:
Background
Various RD automated accounting systems are designed to process
obligations for Business, Community Facility, and Water and
Environmental direct loan, guaranteed loan, and grant programs using a
6-day reservation period. The 6-day reservation period is a system edit
in the PLAS, GLS, and CLSS that assigns an obligation date to an RD
funded project 6 working days from the date funds are reserved.
When RD programs are funded through a continuing resolution, the
accounting systems must be modified to waive the 6-day reservation
edit. In Fiscal Year 2011, RD received six continuing resolutions
followed by four continuing resolutions in Fiscal Year 2012 which
resulted in cumbersome systems' modifications. These modifications have
caused undue hardship to RD staff due to last minute continuing
resolution decisions, manual system adjustments needed, and time
consuming coordination efforts.
Several new RD programs have not implemented a 6-day reservation
period for obligations. Under the American Recovery and Reinvestment
Act of 2009 (ARRA) the Business and Industry (B&I) Guaranteed Loan
Program disabled the 6 day reservation period along with the
Biorefinery Assistance Program of the 2008 Farm Bill. Additionally,
Rural Electric and Telecommunication, Single Family Housing, and Multi-
Family Housing loans do not have a 6-day reservation requirement when
obligating program funds.
To maintain consistency and uniformity across RD's automated
accounting systems, RD will be removing the 6-day reservation system
edit on obligations. As automation for this enhancement is completed,
program staffs will have immediate knowledge of approved obligations as
opposed to showing the obligations on reserved status. Field office
personnel will adhere to a 6-working day waiting period prior to
notifying an applicant/lender of loan and/or grant approval. Rural
Development believes the removal of the 6-day reservation period on
obligations for guaranteed loans, direct loans, and grants to be a
noncontroversial change to the regulations with no impact on the
public.
Programs Affected
The programs described by this rule are listed in the Catalog of
Federal Domestic Assistance Programs under number(s) 10.350 Technical
Assistance to Cooperatives, 10.352 Value-Added Producer Grants, 10.420
Rural Self-Help Housing Technical Assistance, 10.433 Rural Housing
Preservation Grants, 10.446 Rural Community Development Initiative,
10.759 Part 1774 Special Evaluation Assistance for Rural
[[Page 55966]]
Communities and Household Program (SEARCH), 10.760 Water and Waste
Disposal Systems for Rural Communities, 10.761 Technical Assistance and
Training Grants, 10.762 Solid Waste Management Grants, 10.763 Emergency
Community Water Assistance Grants, 10.766 Community Facilities Loans
and Grants, 10.767 Intermediary Relending Program, 10.768 Business and
Industry Loans, 10.769 Rural Business Enterprise Grants, 10.770 Water
and Waste Disposal Loans and Grants (section 306C), 10.771 Rural
Cooperative Development Grants, 10.773 Rural Business Opportunity
Grants, 10.778 Research on the Economic Impact of Cooperatives, 10.781
Water and Waste Disposal Systems for Rural Communities--ARRA, 10.854
Rural Economic Development Loans and Grants, 10.856 1890 Land Grant
Institutions Rural Entrepreneurial Outreach Program, 10.858 Denali
Commission Grants and Loans, 10.862 Household Water Well System Grant
Program, 10.864 Grant Program to Establish a Fund for Financing Water
and Wastewater Projects, 10.866 Repowering Assistance, 10.868 Rural
Energy for America Program, 10.870 Rural Micro entrepreneur Assistance
Program.
Executive Order 12866--Classification
This rule has been determined to be not significant for purposes of
Executive Order 12866 and therefore has not been reviewed by the Office
of Management and Budget (OMB).
Non-Discrimination Statement
The U.S. Department of Agriculture (USDA) prohibits discrimination
in all its programs and activities on the basis of race, color,
national origin, age, disability, and where applicable, sex, marital
status, familial status, parental status, religion, sexual orientation,
genetic information, political beliefs, reprisal, or because of all or
part of an individual's income is derived from any public assistance
program. (Not all prohibited bases apply to all programs.) Persons with
disabilities who require alternative means for communication of program
information (Braille, large print, audiotape, etc.) should contact
USDA's TARGET Center at (202) 720-2600 (voice and TDD).
If you wish to file a Civil Rights program complaint of
discrimination, complete the USDA Program Discrimination Complaint
Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or
call (866) 632-9992 to request the form. You may also write a letter
containing all of the information requested in the form. Send your
completed complaint form or letter to us by mail at U.S. Department of
Agriculture, Director, Office of Adjudication, 1400 Independence Avenue
SW., Washington, DC 20250-9410, by fax (202) 690-7442 or email at
[email protected]. Individuals who are deaf, hard of hearing or
have speech disabilities and you wish to file a program complaint
please contact USDA through the Federal Relay Service at (800) 877-8339
or (800) 845-6136 (in Spanish). USDA is an equal opportunity provider
and employer.
Civil Rights Impact Statement
No major civil rights impact is likely to result from the
announcement of this notice. It will not have a negative civil rights
impact on very-low income, low income, and moderate income and minority
populations.
Environmental Impact Statement
This document has been reviewed in accordance with 7 CFR part 1940,
subpart G, ``Environmental Program.'' Rural Development 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 (NEPA) of 1969,
42 U.S.C. 4321 et seq., an Environmental Impact Statement is not
required.
Executive Order 12372, Intergovernmental Consultation
This program is not subject to the requirements of Executive Order
12372, ``Intergovernmental Review of Federal Programs,'' as implemented
under USDA's regulations at 7 CFR part 3015.
Executive Order 12988, Civil Justice
This direct 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) no retroactive effect will be given this
rule; and (3) administrative proceedings in accordance with the
regulations of the Department of Agriculture's National Appeals
Division (7 CFR part 11) must be exhausted before bringing suit in
court challenging action taken under this rule unless those regulations
specifically allow bringing suit at an earlier time.
Executive Order 13132, Federalism
The policies contained in this direct 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. Nor does this
rule impose substantial direct compliance costs on State and local
governments. Therefore, consultation with states is not required.
Regulatory Flexibility Act Certification
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. This rule,
however, is not subject to the APA under 5 U.S.C 553(a)(2) and 5 U.S.C.
553(b)(3)(A) nor any other statute.
Unfunded Mandates
Title II of the Unfunded Mandate Reform Act of 1995 (UMRA, Pub. L.
104-4) requires Federal agencies to assess the effects of their
regulatory actions on State, local, or Tribal governments or the
private sector. Agencies generally must prepare a written statement,
including a cost benefit analysis, for proposed and final rules with
Federal mandates that may result in expenditures of $100 million or
more in any 1 year for State, local, or Tribal governments, in the
aggregate, or to the private sector. UMRA generally requires agencies
to consider alternatives and adopt the more cost effective or least
burdensome alternative that achieves the objectives of the rule.
This direct final rule contains no Federal mandates (under the
regulatory provisions of Title II of the Unfunded Mandates Reform Act
of 1995) 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 Unfunded Mandates Reform Act of 1995.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
This executive order imposes requirements on Rural Development in
the development of regulatory policies that have tribal implications or
preempt tribal laws. Rural Development has determined that the final
rule does not have a substantial direct effect on one or more Indian
tribe(s) or on either the relationship or the distribution of powers
and responsibilities between the Federal Government and Indian tribes.
Thus, this final rule is not subject to the requirements of Executive
Order 13175. If a tribe determines that this rule has implications of
which Rural
[[Page 55967]]
Development is not aware and would like to engage with Rural
Development on this rule, please contact Rural Development's Native
American Coordinator at [email protected].
Paperwork Reduction Act
This rule does not contain any information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
E-Government Act Compliance
Rural Development is committed to complying with the E-Government
Act, to promote the use of the Internet and other information
technologies to provide increased opportunities for citizen access to
Government information and services, and for other purposes.
List of Subjects
7 CFR Part 1940
Agriculture, Grant programs-agriculture, Grant programs-housing and
community development, Loan programs-agriculture, Loan programs-housing
and community development, Rural areas.
7 CFR Part 1942
Business and industry, Community facilities, Grant programs-
business, Grant programs-housing and community development, Grant
programs-Indians, Indians, Loan programs-agriculture, Loan programs-
housing and community development, Loan programs-Indians, Loan
programs-natural resources, Rural areas, Waste treatment and disposal,
Water supply, Watersheds.
7 CFR Part 1944
Administrative practice and procedure, Cooperatives, Grant programs
housing and community development, Loan programs-housing and community
development, Rural areas.
7 CFR Part 1948
Community facilities, Grant programs-housing and community
development, Rural areas.
7 CFR Part 1980
Agriculture, Business and industry, Community facilities, Disaster
assistance, Loan programs-agriculture, Loan programs-business, Loan
programs-housing and community development, Rural areas.
For the reasons set forth in the preamble, chapter XVIII, title 7,
of the Code of Federal Regulations is amended as follows:
CHAPTER XVIII--RURAL HOUSING SERVICE, RURAL BUSINESS-COOPERATIVE
SERVICE, RURAL UTILITIES SERVICE, AND FARM SERVICE AGENCY,
DEPARTMENT OF AGRICULTURE
PART 1940--GENERAL
0
1. The authority citation for part 1940 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; and 42 U.S.C. 1480.
Subpart L--Methodology and Formulas for Allocation of Loan and
Grant Program Funds
0
2. Amend Sec. 1940.588 by revising paragraph (i) to read as follows:
Sec. 1940.588 Business and Industry Guaranteed and Direct Loans
* * * * *
(i) Availability of the allocation. See Sec. 1940.552(i) of this
subpart.
* * * * *
PART 1942--ASSOCIATIONS
0
3. The authority citation for part 1942 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989.
Subpart A--Community Facility Loans
0
4. Amend Sec. 1942.5 by revising paragraph (d)(4) and the first
sentence of paragraph (d)(6) to read as follows:
Sec. 1942.5 Application review and approval.
* * * * *
(d) * * *
(4) The date the applicant is notified of loan and/or grant
approval is six working days from the date funds are reserved unless an
exception is granted by the National Office.
* * * * *
(6) Loan approval and applicant notification will be accomplished
by the State Director or designee by mailing to the applicant, 6
working days from the obligation date, a copy of Form FmHA or its
successor agency under Public Law 103-354 1940-1 which has been
previously signed by the applicant and loan approval official. * * *
* * * * *
PART 1944--HOUSING
0
5. The authority citation for part 1944 continues to read as follows:
Authority: 5 U.S.C. 301; 42 U.S.C. 1480.
Subpart K--Technical and Supervisory Assistance Grants
0
6. Amend Sec. 1944.533 by revising the last sentence of paragraph
(f)(2)(i) and the introductory text of paragraph (f)(4) to read as
follows:
Sec. 1944.533 Grant approval and announcement.
* * * * *
(f) * * *
(2) * * *
(i) * * * The obligation date will be the date the request for
obligation is processed.
* * * * *
(4) An executed form FmHA or its successor agency under Public Law
103-354 1940-1 will be sent to the applicant along with an executed
copy of the Grant Agreement and scope of work 6 working days from the
date funds are obligated.
* * * * *
PART 1948--RURAL DEVELOPMENT
0
7. The authority citation for part 1948 continues to read as follows:
Authority: 5 U.S.C. 301, 7 U.S.C. 1932 note.
Subpart B--Section 601 Energy Impacted Area Development Assistance
Program
0
8. Amend Sec. 1948.92 by revising the last sentence of paragraph
(g)(3) and paragraph (g)(8) to read as follows:
Sec. 1948.92 Grant approval and fund obligation.
* * * * *
(g) * * *
(3) * * * The obligation date will be the date the request for
obligation is processed.
* * * * *
(8) An executed copy of Form FmHA or its successor agency under
Public Law 103-354 440-1 shall be sent to the applicant along with an
executed copy of the grant agreement and scope of work 6 working days
from the date funds are obligated.
* * * * *
PART 1980--GENERAL
0
9. The authority citation for part 1980 continues to read as follows:
Authority: 5 U.S.C. 301 and 7 U.S.C. 1989. Subpart E also issued
under 7 U.S.C. 1932(a).
Subpart E--Business and Industrial Loan Program
0
10. In Sec. 1980.452 under the heading ``Administrative'', revise the
fifth
[[Page 55968]]
sentence of paragraph D.6. introductory text and the third sentences of
paragraph D.6.d. to read as follows:
Sec. 1980.452 FmHA or its successor agency under Public Law 103-354
evaluation of application.
* * * * *
D. * * *
6. * * * Notice of approval to lender will be accomplished by
providing or sending the lender the signed copy of Form FmHA or its
successor agency under Public Law 103-354 1940-3 and Form FmHA or its
successor agency under Public Law 103-354 449-14 six working days from
the date funds are reserved, unless an exception is granted by the
National Office. * * *
* * * * *
(d) * * * The obligation date will be the date of the request for
reservation of authority which is being processed in the Finance
Office. * * *
* * * * *
Dated: August 7, 2014.
Doug O'Brien,
Under Secretary, Rural Development.
Dated: September 3, 2014.
Michael Scuse,
Under Secretary, Farm and Foreign Agricultural Services.
[FR Doc. 2014-21704 Filed 9-17-14; 8:45 am]
BILLING CODE 3410-XT-P