[Federal Register Volume 60, Number 104 (Wednesday, May 31, 1995)]
[Rules and Regulations]
[Pages 28319-28321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13243]



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DEPARTMENT OF AGRICULTURE
Rural Housing and Community Development Service
Rural Business and Cooperative Development Service
Rural Utilities Service
Consolidated Farm Service Agency

7 CFR Parts 1955, 1962, and 1965


Administrative Changes to Provide Authority to Approve Releases 
of Liability in Connection with Voluntary Liquidations

AGENCIES: Rural Housing and Community Development Service, Rural 
Business and Cooperative Development Service, Rural Utilities Service, 
and Consolidated Farm Service Agency, USDA.

ACTION: Final rule.

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SUMMARY: The Consolidated Farm Service Agency (CFSA) is the successor 
to the Farmers Home Administration pursuant to Section 226 of the 
Department of Agriculture Reorganization Act of 1994 (Pub. L. 103-354, 
October 13, 1994). The CFSA amends its Property Management, Chattel 
Property, and Real Property regulations to conform with changes made to 
its debt settlement regulations in April 1993. These conforming changes 
are made to give State Directors release of liability authority for 
borrowers whose total indebtness is less than one million dollars. The 
intended effect is to expedite the processing of requests from 
borrowers who are unable to repay all of their CFSA debts.

EFFECTIVE DATE: May 31, 1995.

FOR FURTHER INFORMATION CONTACT: Edward R. Yaxley, Jr., Senior Loan 
Officer, Farm Credit Programs Loan Servicing and Property Management 
Division, Consolidated Farm Service Agency, USDA, room 5449, South 
Agriculture Building, 14th and Independence Avenue SW., 
[[Page 28320]] Washington, DC 20250, telephone (202) 720-4572.

SUPPLEMENTARY INFORMATION:

Classification

    This action is not subject to the provisions of Executive Order 
12866 because it involves only internal agency management and it has no 
impact on CFSA borrowers or other members of the public. This action is 
not published for notice and comment under the Administrative Procedure 
Act since the changes only involve internal processing of documents by 
CFSA employees which will expedite the administrative review process 
for releases of liability, permitting more timely debt relief to CFSA 
borrowers, and consequently reducing the Agency's portfolio of inactive 
uncollectible accounts. It is published so that CFSA borrowers will be 
aware of the authority of State Directors to execute releases from 
liability for certain debts.
Paperwork Reduction Act

    The information collection requirements contained in these 
regulations have been approved by the Office of Management and Budget 
(OMB) under the provisions of 44 U.S.C. Chapter 35 and have been 
assigned OMB control numbers 057-0109 and 057-0086. This final rule 
does not revise or impose any new information collection requirement 
from those previously approved by OMB.

Background

    The CFSA amends its Property Management, Chattel Property, and Real 
Property regulations to conform with changes made to its debt 
settlement regulations on April 21, 1993 (58 FR 21344). These 
conforming changes are made to give State Directors release of 
liability authority for borrowers whose total indebtness (including 
principal, interest and other charges) is less than one million 
dollars. This action only involves internal processing of documents by 
CFSA employees which will expedite the administrative review process 
for releases of liability, permitting more timely debt relief to CFSA 
borrowers, and consequently reducing the Agency's portfolio of inactive 
uncollectible accounts. It is helpful to CFSA borrowers to know the 
authority levels for releases of liability by State Directors. The 
procedure for the release in all cases is set forth in 7 CFR part 1956, 
subpart B.
    CFSA amends subpart A of part 1955:
    (1) Section 1955.10(f)(2) to give State Directors authority to 
accept and process offers to convey real property when the unsatisfied 
CFSA indebtness is less than $1,000,000.
    (2) Section 1955.20(b)(2) to give State Directors authority to 
accept and process offers to convey chattel property when the 
unsatisfied CFSA indebtness is less than $1,000,000.
    CFSA amends subpart A of part 1962:
    (1) Section 1962.34(h) to give State Directors authority to approve 
the transfer and assumption of CFSA accounts to eligible and ineligible 
transferees and release the transferors of liability when the CFSA debt 
secured by chattels minus their market value is less than $1,000,000.
    CFSA amends subpart A of part 1965:
    (1) Section 1965.26(f)(5)(ii) to give State Directors authority to 
approve release of liability for borrowers whose outstanding CFSA debt 
after a cash sale of real property is less than $1,000,000.
    (2) Section 1965.27(f) to give State Directors authority to approve 
the transfer and assumption of CFSA accounts to eligible and ineligible 
transferees and release the transferors of liability when the CFSA debt 
secured by real property minus its market value is less than 
$1,000,000.

Programs Affected

    The programs are listed in the Catalog of Federal Domestic 
Assistance (CFDA) under:

10.404  Emergency Loans
10.406  Farm Operating Loans
10.407  Farm Ownership Loans
10.410  Low Income Housing Loans
10.411  Rural Housing Site Loans
10.415  Rural Rental Housing Loans
10.416  Soil and Water Loans
10.417  Very Low-Income Housing Repair Loans and Grants

Environmental Impact Statement

    This document has been reviewed in accordance with 7 CFR part 1940, 
subpart G, ``Environmental Program.'' CFSA 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, Pub. L. 91-190, an 
Environmental Impact Statement is not required.

List of Subjects

7 CFR Part 1955

    Foreclosure, Government acquired property.

7 CFR Part 1962

    Crops, Government property, Livestock, Loan programs--Agriculture, 
Rural areas.

7 CFR Part 1965

    Foreclosure, Loan programs--Agriculture, Rural areas.

    Therefore, chapter XVIII, title 7, Code of Federal Regulations is 
amended as follows:

PART 1955--PROPERTY MANAGEMENT

    1. The authority citation for part 1955 continues to read as 
follows:


    Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR 
2.23 and 2.70.

Subpart A--Liquidation of Loans Secured by Real Estate and 
Acquisition of Real and Chattel Property

    2. Section 1955.10 is amended by revising the third and the last 
sentences of paragraph (f)(2)(ii) to read as follows:
Sec. 1955.10  Voluntary conveyance of real property by the borrower to 
the Government.

* * * * *
    (f) * * *
    (2) * * *
    (ii) * * * When the Agency debt less the market value and prior 
liens is $1 million or more (including principal, interest and other 
charges), release of liability must be approved by the Administrator or 
designee; otherwise, the State Director must approve the release of 
liability. All cases requiring a release of liability will be submitted 
for review in accordance with exhibit A of subpart B of part 1956 of 
this chapter (available in any CFSA office).
* * * * *
    3. Section 1955.20 is amended by revising the third sentence of 
paragraph (b)(2) to read as follows:


Sec. 1955.20  Acquisition of chattel property.

* * * * *
    (b) * * *
    (2) * * * When the Agency debt less the market value and prior 
liens is $1 million or more (including principal, interest and other 
charges), release of liability must be approved by the Administrator or 
designee; otherwise, the State Director must approve the release of 
liability. * * *
* * * * *

PART 1962--PERSONAL PROPERTY

    4. The authority citation for part 1962 continues to read as 
follows:

    Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR 
2.23; 7 CFR 2.70. [[Page 28321]] 

Subpart A--Servicing and Liquidation of Chattel Security

    5. Section 1962.34 is amended by revising the second sentence of 
paragraph (h) to read as follows:

Sec. 1962.34  Transfer of chattel security and EO property and 
assumption of debts.

* * * * *

    (h) * * * When the Agency debt less the market value and prior 
liens is $1 million or more (including principal, interest and other 
charges), release of liability must be approved by the Administrator or 
designee; otherwise, the State Director must approve the release of 
liability. * * *

PART 1965--REAL PROPERTY

    6. The authority citation for part 1965 continues to read as 
follows:

    Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR 
2.23; 7 CFR 2.70.

Subpart A--Servicing of Real Estate Security for Farmer Program 
Loans and Certain Note-Only Cases

    7. Section 1965.26 is amended by revising the first sentence of 
paragraph (f)(5)(ii) to read as follows:

Sec. 1965.26  Liquidation action.

* * * * *

    (f) * * *

    (5) * * *

    (ii) When the Agency debt less the market value and prior liens is 
$1 million or more (including principal, interest and other charges), 
release of liability must be approved by the Administrator or designee; 
otherwise, the State Director must approve the release of liability. * 
* *

* * * * *

    8. Section 1965.27 is amended by revising the second sentence of 
paragraph (f) to read as follows:

Sec. 1965.27  Transfer of real estate security.

* * * * *

    (f) * * * When the Agency debt less the market value and prior 
liens is $1 million or more (including principal, interest and other 
charges), release of liability must be approved by the Administrator or 
designee; otherwise, the State Director must approve the release of 
liability. * * *

* * * * *

    Dated: May 3, 1995.

Eugene Moos,

Under Secretary, Farm and Foreign Agricultural Services.

    Dated: May 3, 1995.

Michael V. Dunn,

Acting Under Secretary, Rural Economic and Community Development.

[FR Doc. 95-13243 Filed 5-30-95; 8:45 am]

BILLING CODE 3410-07-V