Rural Development Regulations-Update to FmHA References and to Census References
Federal RegisterFeb 24, 2015
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DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Parts 1709, 1714, 1735, 1737, 1738, 1739, 1740, 1774, 1775, 1776, 1777, 1778, 1779, 1780, 1781, and 1783
Rural Business-Cooperative Service
Rural Housing Service
Rural Utilities Service
Farm Service Agency
7 CFR Parts 1806, 1810, 1822, 1900, 1901, 1902, 1910, 1924, 1925, 1927, 1940, 1942, 1944, 1948, 1950, 1951, 1955, 1956, 1957, 1962, and 1980
Rural Housing Service
7 CFR Parts 3550, 3560, 3570, and 3575
Rural Business-Cooperative Service
Rural Utilities Service
7 CFR Parts 4274, 4279, 4280, 4284, 4288, and 4290
RIN 0570-AA30
Rural Development Regulations—Update to FmHA References and to Census References
AGENCY:
Rural Business-Cooperative Service, Rural Housing Service, Rural Utilities Service, Farm Service Agency, U.S. Department of Agriculture (USDA).
ACTION:
Direct final rule.
SUMMARY:
Rural Development (RD) is amending its regulations by updating references to the Farmers Home Administration (FmHA) and clarifying and updating references to the census data. These actions will provide consistency in terminology between program regulations. In addition, clarifying and updating references to census data is needed to account for changes to the decennial Census, which, starting with the 2010 decennial Census is no longer reporting income and unemployment data. Additional revisions are being implemented to show the regulations that do not apply to the Farm Service Agency (FSA) and to remove outdated or unnecessary language.
DATES:
This rule will become effective April 27, 2015 without further action unless the Agency receives significant written adverse comments or written notices of intent to submit adverse comments on or before March 26, 2015. If the Agency receives significant adverse comments or notices, the Agency will publish a timely notice in the
Federal Register
withdrawing those provisions on which adverse comment were received.
ADDRESSES:
You may submit adverse comments or notice of intent to submit adverse 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 the 300 7th Street SW., 7th Floor address listed above.
FOR FURTHER INFORMATION CONTACT:
Kenneth Meardon, Policy Advisor, Rural Business-Cooperative Service, U.S. Department of Agriculture, STOP 3201, 1400 Independence Avenue SW., Washington, DC 20250-3225; email:
ken.meardon@wdc.usda.gov;
telephone (202) 260-8296.
SUPPLEMENTARY INFORMATION:
Classification
This rule has been determined to be not significant for purposes of Executive Order 12866 and has not been reviewed by the Office of Management and Budget.
Catalog of Federal Domestic Assistance
RD's programs affected by this rulemaking are shown in the Catalog of Federal Domestic Assistance (CFDA) with numbers as indicated:
10.350—Technical Assistance to Cooperatives
10.352—Value-Added Producer Grants (4284)
10.405—Farm Labor Housing Loans and Grants (3560)
10.410—Very Low to Moderate Income Housing Loans (Section 502 Rural Housing Loans) (3550)
10.415—Rural Rental Housing Loans
10.420—Rural Self-Help Technical Assistance
10.427—Rural Rental Assistance Payments (3560)
10.433—Rural Housing Preservation Grants
10.438—Rural Rental Housing Program—Guaranteed Loans
10.441—Technical and Supervisory Assistance Grants
10.448—Rural Housing Service Multi-Family Housing Rural Housing Voucher Demonstration Program (3560)
10.759—Special Evaluation Assistance for Rural Communities and Households Program (SEARCH) (1774)
10.760—Water and Waste Disposal Systems for Rural Communities (1779, 1780)
10.761—Technical Assistance and Training Grants (1775)
10.762—Solid Waste Management Grants (1775)
10.763—Emergency Community Water Assistance Grants (1778)
10.766—Community Facilities Loans and Grants (3570, 3575)
10.767—Intermediary Relending Program (4274)
10.768—Business and Industry Guaranteed Loan Program (4279)
10.769—Rural Business Enterprise Grant Program
10.770—Water and Waste Disposal Loans and Grants (Section 306C) (1777)
10.771—Rural Cooperative Development Grants
10.773—Rural Business Opportunity Grant Program
10.781—Water and Waste Disposal Systems for Rural Communities—ARRA (1780)
10.782—Appropriate Technology Transfer for Rural Areas (4284)
10.850—Rural Electrification Loans and Loan Guarantees (1714)
10.851—Rural Telephone Loans and Loan Guarantees (1735)
10.854—Rural Economic Development Loans and Grants (4280)
10.857—State Bulk Fuel Revolving Fund Grants
10.858—RUS Denali Commission Grants and Loans
10.859—Assistance to High Energy Cost—Rural Communities (1709)
10.860—Rural Business Investment Program (4290)
10.861—Public Television Station Digital Transition Grant Program (1740)
10.862—Water and Waste Disposal Systems for Rural Communities (1776)
10.863—Community Connect Grant Program (1739)
10-864—Grant Program to Estabish a Fund for Financing Water and Wastewater Projects (1783)
10.865—Biorefinery Assistance (4279)
10.866—Repowering Assistance Program (4288)
10.867—Bioenergy Program for Advanced Biofuels (4288)
10.868—Rural Energy for America Program (4280)
10.870—Rural Microentrepreneur Assistance Program
10.871—Small Socially-Disadvantaged Producer Grants (4284)
10.886—Rural Broadband Access Loans and Loan Guarantees (1738)
All active CFDA programs can be found at
www.cfda.gov
under “Department of Agriculture, Rural
Development.” Programs not listed in this section or not listed on the CFDA Web site but are still being serviced by RD will nevertheless be covered by the requirements of this action.
Executive Order 12372, Intergovernmental Review of Federal Programs
This action is not subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials.
Executive Order 12988, Civil Justice Reform
This rule has been reviewed under Executive Order 12988, Civil Justice Reform. RD has determined that this rule meets the applicable standards provided in section 3 of the Executive Order. Additionally, (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 to the rule; and (3) administrative appeal procedures, if any, must be exhausted before litigation against the Department or its agencies may be initiated, in accordance with the regulations of the National Appeals Division of USDA at 7 CFR part 11.
Environmental Impact Statement
This document has been reviewed in accordance with 7 CFR part 1940, subpart G, “Environmental Program.” RD 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.
Unfunded Mandates Reform Act
This 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. Thus, this rule is not subject to the requirements of sections 202 and 205 of the Unfunded Mandates Reform Act of 1995.
Regulatory Flexibility Act
Under section 605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b), RD certifies that this rule will not have a significant economic impact on a substantial number of small entities because the action will not affect a significant number of small entities as defined by the Regulatory Flexibility Act (5 U.S.C. 501). RBS made this determination based on the fact that this action only impacts internal Agency procedures for determining how much of available program funds are allocated to each state. Small entities will not be impacted to a greater extent than large entities.
Executive Order 13132, Federalism
The policies contained in this 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.
Executive Order 13175, Consultation and Coordination With Indian Tribal Governments
This executive order imposes requirements on RD in the development of regulatory policies that have Tribal implications or preempt tribal laws. RD has determined that the rule does not, to our knowledge, 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 rule is not subject to the requirements of Executive Order 13175. If a Tribe determines that this rule has implications of which RD is not aware and would like to engage with RD on this rule, please contact RD's Native American Coordinator at (202) 690-1681 or
AIAN@wdc.usda.gov.
Paperwork Reduction Act
There are no reporting and recordkeeping requirements associated with this rule.
E-Government Act Compliance
RD 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 citizens to access Government information and services electronically.
I. Background and Discussion
RD is amending numerous RD regulations in two broad areas—references to the Farmners Home Administration and references to Bureau of Census data. For those RD regulations affected by these two areas, RD is also making several additional changes by updating the text with regard to applicability of the regulations to the FSA; removing or updating outdated text, as applicable; and removing unnecessary text.
II. Discussion of Changes
A. Farmers Home Administration (FmHA)
Many RD regulations still contain references to the Farmers Home Administration, or FmHA, which was the predecessor agency to both RD and FSA.
FmHA references most frequently encountered in RD regulations are in reference to forms, instructions, and addresses. RD is either removing references that are no longer necessary or updating the FmHA references to reflect the appropriate entity, as applicable. New references will be to RD, Agency, to the specific RD agency (Rural Business-Cooperative Service, Rural Housing Service, Rural Utilities Service), to the “government,” or to the United States, depending on the context of the regulation. Where necessary in individual RD regulations, definitions have been changed or added to reflect the new reference(s).
B. Census References
Many RD regulations refer to census data as the source to be used for various popluation-, income-, and unemployment-related data. RD is amending those portions of its regulations that reference U.S. Bureau of Census (Census Bureau) and its data primarily due to changes in the data being reported by the Census Bureau in the decennial Census.
Other changes are being implemented to further consistency among RD programs in referencing sources to be used for population-related data requirements and provisions and to provide clarification of how provisions are implemented. Finally, RD is removing outdated or unnecessary text.
The following paragraphs discuss these changes.
1.
Census Bureau data.
RD allocates the funding for a number of its programs using formulas that rely on data supplied by the Census Bureau, frequently as found in the decennial Census. Most RD regulations refer to this as “using the latest census data available” or similar language.
Starting with the 2010 census, however, the Census Bureau no longer reports income data in the decennial Census. Thus, RD needs to identify an alternative source for income-related data.
After examining several alternative data sources, RD determined that income data published by the Census Bureau in the American Community
Survey (ACS), as found in the 5-year survey component of the ACS, provides the best source of data for estimates of state-level income and poverty data, even though such are no longer being published in the decennial Census. RD is also aware that the data contained in the ACS may not meet the needs of a specific program and that the ACS may at some point in the future be replaced or discontinued. For these reasons, RD is using “5-year income data from the American Community Survey (ACS) or, if needed, other Census Bureau data” to indicate the source of the data to be used.
In some instances, RD regulations refer to using other data sources for income-related data if the ACS or Census Bureau data are outdated. RD is retaining that concept where it currently exists, but modifying the language to address the revision noted in the preceding paragraph.
2.
Consistency and clarification.
As described below, RD is making several changes to create consistency between the RD programs.
a. Whenever a regulation is directing the use of the decennial Census as the data source, RD is using “the most recent decennial Census of the United States (decennial Census)” consistently throughout the RD regulations. This change brings consistency among the three RD agencies and their regulations.
b. RD regulations apply not only to what most people understand as the 50 states of the United States, but also to the U.S. Virgin Islands, Puerto Rico, Guam, American Samoa, the Marshall Islands, etc. The decennial Census does not report population for most of these territories. Some, but not all, of the RD regulations clearly identify how population data are to be obtained for these other areas. To make this consistent, RD is revising text to make clear in all its regulations the data sources to be used. Specifically, if the decennial Census does not provide the applicable population information, then RD will determine the applicable population data based on available population data.
C. FSA Related Changes
When they were operating as the Farmers Home Adminstration, RD and FSA shared many regulations. With RD and FSA now separate entities, many of the regulations in 7 CFR no longer apply to FSA. Some of these regulations have already been identified as no longer being applicable to FSA. There are a few regulations, however, that still need to be identified as no being applicable to FSA and RD is adding text to that effect. The regulations are: 7 CFR 1900 subpart A, 7 CFR 1902 subpart A, and 7 CFR 1910 subpart B.
D. Outdated and/or Unnecessary Text in Those Parts and Subparts That Contain Either Reference to Census Bureau or FmHA
Once RD identified those CFR parts that need updating with regard to references to FmHA and the Census Bureau, RD also identified a number of other outdated or unnecessary material, and thus is revising such material. In brief, these changes:
• Remove reference to Rand McNally and Company as an alternative source of population data (7 CFR 1735.2, 7 CFR 1737.2);
• Remove references to a Federal Communications Commission Web site and to a Census Tiger Map (7 CFR 1740.8(b)(1)(i) and (c)(1);
• Remove a series of Agency forms from 7 CFR 1980, Subpart E and their conforming references. Specifically, RD will no longer publish in the CFR RD forms identified as: (1) Appendix A, (2) Appendix B, (3) Appendix F, (4) Exhibits A through C to Appendix I to Subpart E of Part 1980, and (5) Exhibits A through C to Appendix K to Subpart E of Part 1980. The applicable forms will continue to be available in RD offices and through RD's Web site;
• Remove reference to the year 2000 as it currently modifies “Census block” in 7 CFR 1709(b);
• Remove the first paragraph in the definition of Rural and rural area in 7 CFR 3575.1. This paragraph references Fiscal Year 1999 and is thus obsolete; and
• Update the reference to the Legislative Affairs and Public Information Staff (LAPIS) with the Legislative and Public Affairs Staff (LAPAS) (7 CFR parts 1942, 1944, 1948, and 1980).
E. Other
For the Rural Economic Development Loan and Grant (REDLG) program, RD is modifying both the definition of Rural or rural area” (7 CFR 4280.3) and the scoring criterion associated with the decline in population for the county where the project is physically located (7 CFR 4280.42(b)(7)).
RD is modifying the definition of “Rural or rural area” for REDLG to make the definition consistent with the definition for “rural or rural area” found in the Rural Microentrepreneur Assistance Program (RMAP), whose definition is more comprehensive and consistent with other definitions with Rural Business-Cooperative Service programs.
RD is modifying the identified scoring criterion by adding reference to making the calculation using the an “equivalent time frame” in those instances where data is used from a data source other than the decennial Census.
List of Subjects
7 CFR Part 1709
Administrative practice and procedure, Electric utilities, Grant programs—energy, Rural areas.
7 CFR Part 1714
Electric power, Loan programs—energy, Rural areas.
7 CFR Part 1735
Loan programs—communications, Reporting and recordkeeping requirements, Rural areas, Telephone.
7 CFR Part 1737
Loan programs—communications, Reporting and recordkeeping requirements, Rural areas.
7 CFR Part 1738
Broadband, Loan programs—communications, Rural areas, Telecommunications, Telephone.
7 CFR Part 1739
Broadband, Grant programs—Communications, Rural areas, Telecommunications, Telephone.
7 CFR Part 1740
Grant programs—Digital televisions; Communications, Rural areas, Television.
7 CFR Part 1774
Community development, Grant programs, Reporting and recordkeeping requirements, Rural areas, Waste treatment and disposal, Water supply.
7 CFR Part 1775
Business and industry, Community development, Community facilities, Grant programs—housing and community development, Reporting and recordkeeping requirements, Rural areas, Waste treatment and disposal, Water supply, Watersheds.
7 CFR Part 1776
Agriculture, Community development, Community facilities, Credit, Grant programs—housing and community development, Nonprofit organizations, Reporting and recordkeeping requirements, Rural areas, Waste treatment and disposal, Water pollution control, Water resources, Water supply, Watersheds.
7 CFR Part 1777
Community development, Community facilities, Grant programs—housing and community development, Loan programs—housing and community development, Reporting and recordkeeping requirements, Rural areas, Waste treatment and disposal, Water supply, Watersheds.
7 CFR Part 1778
Community development, Community facilities, Grant programs—Housing and Community development, Reporting and recordkeeping requirements, Rural areas, Waste treatment and disposal, Water supply, Watersheds.
7 CFR Part 1779
Loan programs—housing and community development, Rural areas, Waste treatment and disposal, Water supply.
7 CFR Part 1780
Community development, Community facilities, Grant programs—housing and community development, Loan programs—housing and community development, Reporting and recordkeeping requirements, Rural areas, Waste treatment and disposal, Water supply, Watersheds.
7 CFR Part 1781
Community development, Community facilities, Loan programs—housing and community development, Reporting and recordkeeping requirements, Rural areas, Waste treatment and disposal, Water supply, Watersheds.
7 CFR Part 1783
Business and industry, Community development, Community facilities, Grant programs—housing and community development, Reporting and recordkeeping requirements, Rural areas, Waste treatment and disposal, Water supply, Watersheds.
7 CFR Part 1806
Agriculture, Flood insurance, Loan programs—agriculture, Loan programs—housing and community development, Low and moderate income housing, Rural areas.
7 CFR Part 1810
Agriculture, Loan programs—agriculture, Loan programs—Housing and community development, Low and moderate income housing, Rural areas.
7 CFR Part 1822
Loan programs—Housing and community development, Low and moderate income housing, Nonprofit organizations, Rural areas.
7 CFR Part 1900
Administrative practice and procedure, Authority delegations (Government agencies), Conflict of interests, Government employees, Grant programs—agriculture, Grant programs—housing and community development, Loan programs—agriculture, Loan programs—housing and community development, Reporting and recordkeeping requirements, Rural areas.
7 CFR Part 1901
Agriculture, Civil rights, Fair housing, Grant programs—agriculture, Grant programs—housing and community development, Grant programs—Indians, Historic preservation, Indians, Intergovernmental relations, Loan Programs—agriculture, Loan programs—housing and community development, Marital status discrimination, Minimum wages, Religious discrimination, Reporting and recordkeeping requirements, Rural areas, Sex discrimination.
7 CFR Part 1902
Accounting; Banks, banking; Grant programs—agriculture, Grant programs—housing and community development; Loan programs—agriculture; Loan programs—housing and community development, Reporting and recordkeeping requirements.
7 CFR Part 1910
Agriculture, Credit, Loan programs—agriculture, Loan programs—housing and community development, Low and moderate income housing, Reporting and recordkeeping requirements.
7 CFR Part 1924
Agriculture, Administrative practice and procedures, Claims, Credit, Grant programs—housing and community development, Housing Standards, Loan programs-agriculture, Low and moderate income housing, Manufactured homes, Reporting and recordkeeping requirements, Rural areas.
7 CFR Part 1925
Agriculture, Loan programs—agriculture, Loan programs—housing and community development, Low and moderate income housing, Rural areas, Taxes.
7 CFR Part 1927
Agriculture, Loan programs—agriculture, Loan programs—housing and community development, Low and moderate income housing, Rural areas.
7 CFR Part 1940
Agriculture, Environmental protection, Flood plains, Grant programs—agriculture, Grant programs-housing and community development, Loan programs-agriculture, Loan programs—housing and community development, Low and moderate income housing, Reporting and recordkeeping requirements, Rural areas, Truth in lending.
7 CFR Part 1942
Business and industry, Community facilities, Fire prevention, 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, Reporting and recordkeeping requirements, Rural areas, Waste treatment and disposal, Water supply, Watersheds.
7 CFR Part 1944
Administrative practice and procedure, Aged, Cooperatives, Fair housing, Grant programs—housing and community development, Home improvement, Individuals with disabilities, Loan programs—housing and community development, Low and moderate income housing, Manufactured homes, Migrant labor, Rent subsidies, Reporting requirements, Rural areas.
7 CFR Part 1948
Coal, Community facilities, Grant programs—housing and community development, Reporting and recordkeeping requirements,Rural areas, Uranium.
7 CFR Part 1950
Accounting, Loan programs—agriculture, Loan programs—housing and community development, Military personnel, Rural areas.
7 CFR Part 1951
Accounting, Claims, Community facilities, Credit, Disaster assistance, Government employees, Grant programs—housing and community development, Housing, Income taxes, Loan programs—agriculture, Loan programs—housing and community development, Low and moderate income housing, Reporting and recordkeeping requirements, Rural areas, Wages.
7 CFR Part 1955
Agriculture, Drug traffic control, Government property, Loan programs—agriculture, Loan programs—housing
and community development, Low and moderate income housing, Rural areas.
7 CFR Part 1956
Accounting, Business and industry, Claims, Loan programs—agriculture, Loan programs—housing and community development, Reporting and recordkeeping requirements, Rural areas.
7 CFR Part 1957
Loan programs—housing and community development, Low and moderate income housing, Rural areas.
7 CFR Part 1962
Agriculture, Bankruptcy, Drug traffic control, Government property, Loan programs—agriculture, Loan programs—housing and community development, Rural areas.
7 CFR Part 1980
Agriculture, Business and industry, Community facilities, Credit, Disaster assistance, Livestock, Loan programs—agriculture, Loan programs—business, Loan programs—housing and community development, Low and moderate income housing, Reporting and recordkeeping requirements, Rural areas.
7 CFR Part 3550
Administrative practice and procedure, Environmental impact statements, Fair housing, Grant programs—housing and community development, Housing, Loan programs—housing and community development, Low and moderate income housing, Manufactured homes, Reporting and recordkeeping requirements, Rural areas.
7 CFR Part 3560
Accounting, Administrative practice and procedure, Aged, Conflict of interests, 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, Rent subsidies, Reporting and recordkeeping requirements, Rural areas.
7 CFR Part 3570
Administrative practice and procedure, Fair Housing, Grant programs—housing and community development, ousing, Low and moderate income housing, Reporting and recordkeeping requirements, Rural areas.
7 CFR Part 3575
Loan programs—agriculture.
7 CFR Part 4274
Community development, Loan programs—business, Reporting and recordkeeping requirements, Rural areas.
7 CFR Part 4279
Loan programs—business, Reporting and recordkeeping requirements, Rural areas.
7 CFR Part 4280
Loan programs—Business and industry, Economic development, Energy, Energy efficiency improvements, Feasibility studies, Grant programs, Guaranteed loan programs, Renewable energy systems, Rural areas.
7 CFR Part 4284
Business and industry, Community development, Community facilities, Grant programs—housing and community development, Loan programs—housing and community development, Reporting and recordkeeping requirements, Rural areas, Waste treatment and disposal, Water supply.
7 CFR Part 4288
Administrative practice and procedure, Energy—advanced biofuel, Renewable biomass, Reporting and recordkeeping.
7 CFR Part 4290
Community development, Government securities, Grant programs—business, Securities, Small businesses.
For the reasons discussed above, Rural Development is amending chapters XVII, XVIII, XXXV, and XLII of title 7, of the Code of Federal Regulations as follows
CHAPTER XVII—RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE
PART 1709—ASSISTANCE TO HIGH ENERGY COST COMMUNITIES
1. The authority citation for part 1709 continues to read as follows:
Authority:
5 U.S.C. 301, 7 U.S.C. 901
et seq.
Subpart B—RUS High Energy Cost Grant Program
§ 1709.107
[Amended]
2. Amend § 1709.107(b) by removing “2000 Census block” and adding “Census block according to the most recent decennial Census of the United States (decennial Census)” in its place.
3. Revise § 1709.123(c)(2) to read as follows:
§ 1709.123
Evaluation criteria and weights.
(c) * * *
(2)
Rurality.
Priority consideration may be given to proposals that serve smaller rural communities. Applications will be scored based on the population of the largest incorporated cities, towns or villages or census designated places included within the grant's proposed target area as determined using the population figures from the most recent decennial Census. If the applicable population figure cannot be based on the most recent decennial Census, RD will determine the applicable population figure based on available population data.
Subpart C—Bulk Fuel Revolving Fund Grant Program
4. Revise § 1709.210(c)(3) to read as follows:
§ 1709.210
Application process.
(c) * * *
(3)
Assessment of needs and potential beneficiaries.
The application must provide estimates of the number, location and population of potentially eligible areas in the State and their estimated fuel needs and costs. The section must also describe the criteria used to identify eligible areas, including the characteristics that make fuel deliveries by surface transport impossible or impracticable. The description of beneficiary communities should provide a detailed breakdown of the density profile of the area to be served by eligible projects. Indicate to what extent persons in eligible areas live outside of communities of 2,500 persons or more, communities of 5,000 or more or outside of communities of 20,000 or more. All population estimates should be based on the most recent decennial Census of the United States. If the applicable population estimate cannot be based on the most recent decennial Census, RD will determine the applicable population figure based on available population data. All representations should be supported with exhibits such as maps, summary tables and references to official information sources.
PART 1714—PRE-LOAN POLICIES AND PROCEDURES FOR INSURED ELECTRIC LOANS
5. The authority citation for part 1714 continues to read as follows:
Authority:
7 U.S.C. 901
et seq.;
1921
et seq.;
and 6941
et seq.
Subpart A—General
6. Revise the second and third sentences in § 1714.5(d) to read as follows:
§ 1714.5
Determination of interest rates on municipal rate loans.
(d) * * * The method used to determine this rate is set forth in the regulations of the Rural Housing Service at 7 CFR 1942.17(f)(1) and (4). Pursuant to the RUS rule, the interest rates are set using as guidance the average of the Bond Buyer Index for the four weeks prior to the first Friday of the last month before the beginning of the quarter. * * *
7. Revise § 1714.7(b)(2)(i) and (ii) to read as follows:
§ 1714.7
Interest rate cap.
(b) * * *
(2) * * *
(i) To qualify under the consumer income test, the borrower must include in its loan application information about the location of its residential consumers. The borrower must provide to RUS, based on the most recent data available at the time of loan application, either the number of consumers in each county it serves or the number of consumers in each census tract it serves. Using 5-year income data from the American Community Survey (ACS) or, if needed, other Census Bureau data, RUS will compare, on a weighted average basis, the average per capita and median household income of the counties or census tracts served by the borrower with state figures.
(ii) If there is reason to believe that the ACS or other Census Bureau data does not accurately represent the economic conditions of the borrower's consumers, the reasons will be documented and the borrower may furnish, or RD may obtain, additional information regarding such economic conditions. Information must consist of reliable data from local, regional, State, or Federal sources or from a survey conducted by a reliable impartial source. The Administrator has the sole discretion to determine whether such data submitted by the borrower is sufficient to determine whether the borrower qualifies under the consumer income test.
PART 1735—GENERAL POLICIES, TYPES OF LOANS, LOAN REQUIREMENTS-TELECOMMUNICATIONS PROGRAM
8. The authority citation for part 1735 continues to read as follows:
Authority:
7 U.S.C. 901
et seq.,
1921
et seq.,
and 6941
et seq.
Subpart A—General
9. In § 1735.2, revise the definition of “Rural area” to read as follows:
§ 1735.2
Definitions.
Rural area
means any area of the United States, its territories and insular possessions (including any area within the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau) not included within the boundaries of any incorporated or unincorporated city, village or borough having a population exceeding 5,000 inhabitants. The population figure is obtained from the most recent decennial Census of the United States (decennial Census). If the applicable population figure cannot be obtained from the most recent decennial Census, RD will determine the applicable population figure based on available population data. For purposes of the “rural area” definition, the character of an area is determined as of a time the initial loan for the system is made.
Subpart B—Loan Purposes and Basic Policies
10. Revise § 1735.10(g) to read as follows:
§ 1735.10
General.
(g) For the purpose of paragraph (a)(2) of this section, rural areas means any area that is not located within a city, town, or incorporated area that has a population of greater than 20,000 inhabitants or within an urbanized area contiguous and adjacent to a city or town that has a population of greater than 50,000 inhabitants. For the purpose of the definition of rural area,
(1) The population figure is obtained from the most recent decennial Census of the United States (decennial Census). If the applicable population figure cannot be obtained from the most recent decennial Census, RD will determine the applicable population figure based on available population data; and
(2) An urbanized area means a densely populated territory as defined in the most recent decennial Census.
PART 1737—PRE-LOAN POLICIES AND PROCEDURES COMMON TO INSURED AND GUARANTEED TELECOMMUNICATIONS LOANS
11. The authority citation for part 1737 continues to read as follows:
Authority:
7 U.S.C. 901
et seq.,
1921
et seq.;
Pub. L. 103-354, 108 Stat. 3178 (7 U.S.C. 6941
et.seq.
).
12. In § 1737.2, revise the definition of “Rural area” to read as follows:
§ 1737.2
Definitions.
Rural area
means any area of the United States, its territories and possessions (including any area within the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau) not included within the boundaries of any incorporated or unincorporated city, village or borough having a population exceeding 5,000 inhabitants. The population figure is obtained from the most recent decennial Census of the United States. If the applicable population figure cannot be obtained from the most recent decennial Census, RD will determine the applicable population figure based on available population data. For purposes of the “rural area” definition, the character of an area is determined as of a time the initial loan for the system is made.
PART 1738—RURAL BROADBAND ACCESS LOANS AND LOAN GUARANTEES
13. The authority citation for part 1738 continues to read as follows:
Authority:
Pub. L. 107-171, 7 U.S.C. 901
et seq.
Subpart A—General
14. In § 1738.2(a), revise the definition of “Rural area” to read as follows:
§ 1738.2
Definitions.
(a) * * *
Rural area
means any area, as confirmed by the most recent decennial Census of the United States (decennial Census), which is not located within:
(i) A city, town, or incorporated area that has a population of greater than 20,000 inhabitants; or
(ii) An urbanized area contiguous and adjacent to a city or town that has a population of greater than 50,000
inhabitants. For purposes of the definition of rural area, an urbanized area means a densely populated territory as defined in the most recent decennial Census.
PART 1739—BROADBAND GRANT PROGRAM
15. The authority citation for part 1739 continues to read as follows:
Authority:
Title III, Pub. L. 108-199, 118 Stat. 3.
16. In § 1739.3, revise the definition of “Rural area” to read as follows:
§ 1739.3
Definitions.
Rural area
means any area, as confirmed by the most recent decennial Census of the United States (decennial Census), which is not located within:
(1) A city, town, or incorporated area that has a population of greater than 20,000 inhabitants; or
(2) An urbanized area contiguous and adjacent to a city or town that has a population of greater than 50,000 inhabitants. For purposes of the definition of rural area, an urbanized area means a densely populated territory as defined in the most recent decennial Census.
PART 1740—PUBLIC TELEVISION STATION DIGITAL TRANSITION GRANT PROGRAM
17. The authority citation for part 1740 continues to read as follows:
Authority:
Consolidated Appropriations Act, 2005; Title III: Rural Development Programs; Rural Utilities Service; Distance Learning, Telemedicine, and Broadband Program; Pub. L. 108-447.
Subpart A—Public Televsion Station Digital Transition Grant Program
§ 1740.8
[Amended]
18. Amend § 1740.8 by:
a. In paragraph (b)(1)(i), removing “
http://www.fcc.gov/fcc-bin/audio/tvq.html
” and removing “, overlaid on a Census Tiger Map. The map also shows counties covered” and
b. In paragraph (c)(1), removing the last sentence.
PART 1774—SPECIAL EVALUATION ASSISTANCE FOR RURAL COMMUNITIES AND HOUSEHOLDS PROGRAM
19. The authority citation for part 1774 continues to read as follows:
Authority:
7 U.S.C. 1926(a)(2)(C).
Subpart A—General Provisions
20. In § 1774.2, revise the definitions of “Financially distressed area” and “Rural area” to read as follows:
§ 1774.2
Definitions.
Financially distressed area.
An area is considered financially distressed if the median household income of the area to be served is either below the poverty line or below 80 percent of the statewide non-metropolitan median household income according to the 5-year income data from the American Community Survey (ACS) or, if needed, other Census Bureau data. If there is reason to believe that the ACS or other Census Bureau data does not accurately represent the median household income of the area to be served, the reasons will be documented and the borrower may furnish, or RD may obtain, additional information regarding such median household income data. Information must consist of reliable data from local, regional, State or Federal sources or from a survey conducted by a reliable impartial source.
Rural area.
For the purposes of this SEARCH program, any area not in a city or town with a population of 2,500 or fewer, according to the most recent decennial Census of the United States (decennial Census). If the applicable population figure cannot be obtained from the most recent decennial Census, RD will determine the applicable population figure based on available population data.
PART 1775—TECHNICAL ASSISTANCE GRANTS
21. The authority citation for part 1775 continues to read as follows:
Authority:
5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.
Subpart A—General Provisions
22. In § 1775.2, revise the definition of “Rural area” to read as follows:
§ 1775.2
Definitions.
Rural area.
Any area not in a city or town with a population in excess of 10,000, according to the most recent decennial Census of the United States. If the applicable population figure cannot be obtained from the most recent decennial Census, RD will determine the applicable population figure based on available population data.
PART 1776—HOUSEHOLD WATER WELL SYSTEM GRANT PROGRAM
23. The authority citation for part 1776 continues to read as follows:
Authority:
7 U.S.C. 1926e.
Subpart A—General
24. In § 1776.3, revise the definition of “Eligible individual” to read as follows:
§ 1776.3
Definitions.
Eligible individual
means an individual who is a member of a household the members of which have a combined income (for the most recent 12-month period for which the information is available) that is not more than 100 percent of the median nonmetropolitan household income for the State or territory in which the individual resides, according to 5-year income data from the American Community Survey (ACS) or, if needed, other Census Bureau data. If there is reason to believe that the ACS or other Census Bureau data does not accurately represent the median nonmetropolitan household income for the State or territory in which the individual resides, the reasons will be documented and the applicant may furnish, or RD may obtain, additional information regarding such median household income data. Information must consist of reliable data from local, regional, State or Federal sources or from a survey conducted by a reliable impartial source.
PART 1777—SECTION 306C WWD LOANS AND GRANTS
25. The authority citation for part 1777 continues to read as follows:
Authority:
5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.
26. In § 1777.4, revise the definition of “Rural areas” to read as follows:
§ 1777.4
Definitions.
Rural areas.
Includes unincorporated areas and any city or town with a population not in excess of 10,000 inhabitants located in any of the 50 States, the Commonwealth of Puerto Rico, the Western Pacific Territories, Marshall Islands, Federated States of Micronesia, Republic of Palau, and the U.S. Virgin Islands. The population figure is obtained from the most recent decennial Census of the United States. If the applicable population figure cannot be obtained from the most recent decennial Census, RD will determine
the applicable population figure based on available population data.
27. Revise § 1777.12(a)(1) to read as follows:
§ 1777.12
Eligibility.
(a) * * *
(1) Per capita income of the residents is not more than 70 percent of the most recent national average per capita income, as determined by 5-year income data from the American Community Survey (ACS) or, if needed, other Census Bureau data. If there is reason to believe that the ACS or other Census Bureau data does not accurately represent the per capita income of the residents, the reasons will be documented and the borrower/applicant may furnish, or RD may obtain, additional information regarding such per capita income data. Information must consist of reliable data from local, regional, State or Federal sources or from a survey conducted by a reliable impartial source, and
PART 1778—EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE GRANTS
28. The authority citation for part 1778 continues to read as follows:
Authority:
5 U.S.C. 301, 7 U.S.C. 1989; 16 U.S.C. 1005.
29. In § 1778.4, revise the definition of “Rural areas” to read as follows:
§ 1778.4
Definitions.
Rural areas.
Includes any area not in a city or town with a population in excess of 10,000 inhabitants located in any of the fifty States, the Commonwealth of Puerto Rico, the Western Pacific Territories, Marshall Islands, Federated States of Micronesia, Republic of Palau, and the U.S. Virgin Islands. The population figure is obtained from the most recent decennial Census of the United States (decennial Census). If the applicable population figure cannot be obtained from the most recent decennial Census, RD will determine the applicable population figure based on available population data.
30. Revise § 1778.10(a)(1) and (2) to read as follows:
§ 1778.10
Restrictions.
(a) * * *
(1) Assist any city or town with a population in excess of 10,000 inhabitants. The population figure is obtained from the most recent decennial Census. If the applicable population figure cannot be obtained from the most recent decennial Census, RD will determine the applicable population figure based on available population data. Facilities financed by RUS may be located in non-rural areas. However, loan and grant funds may be used to finance only that portion of the facility serving rural areas, regardless of facility location.
(2) Assist a rural area that has a median household income in excess of the statewide nonmetropolitan median household income as determined by 5-year income data from the American Community Survey (ACS) or, if needed, other Census Bureau data. If there is reason to believe that the ACS or other Census Bureau data does not accurately represent the median household income of the rural area, the reasons will be documented and the applicant may furnish, or RD may obtain, additional information regarding such median household income data. Information must consist of reliable data from local, regional, State or Federal sources or from a survey conducted by a reliable impartial source.
§ 1778.13
[Amended]
31. Amend § 1778.13(b) by removing “decennial census of the United States” and adding “decennical Census” in its place.
PART 1779—WATER AND WASTE DISPOSAL PROGRAMS GUARANTEED LOANS
32. The authority citation for part 1779 continues to read as follows:
Authority:
5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.
33. In § 1779.2, revise the definition of “Rural and rural area” to read as follows:
§ 1779.2
Definitions.
Rural and rural area.
Any area not in a city or town with a population in excess of 10,000 inhabitants. The population figure is obtained from the most recent decennial Census of the United States (decennial Census). If the applicable population figure cannot be obtained from the most recent decennial Census, RD will determine the applicable population figure based on available population data.
PART 1780—WATER AND WASTE LOANS AND GRANTS
34. The authority citation for part 1780 continues to read as follows:
Authority:
5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.
Subpart A—General Policies and Requirements
35. Revise the second, third, and fourth sentences of § 1780.1(b) to read as follows:
§ 1780.1
General.
(b) * * * The median household income of the service area and the nonmetropolitan median household income of the State will be determined from income data from 5-year income data from the American Community Survey (ACS) or, if needed, other Census Bureau data. If there is reason to believe that the ACS or other Census Bureau data does not accurately represent the median household income within the area to be served, the reasons will be documented and the applicant may furnish, or RD may obtain, additional information regarding such median household income data. Information must consist of reliable data from local, regional, State or Federal sources or from a survey conducted by a reliable impartial source. * * *
36. In § 1780.3, revise the definition of “Rural and rural areas” to read as follows:
§ 1780.3
Definitions and grammatical rules of construction.
Rural and rural areas
means any area not in a city or town with a population in excess of 10,000 inhabitants. The population figure is obtained from the most recent decennial Census of the United States (decennial Census). If the applicable population figure cannot be obtained from the most recent decennial Census, RD will determine the applicable population figure based on available population data.
37. Revise § 1780.18(c)(2)(ii) to read as follows:
§ 1780.18
Allocation of program funds.
(c) * * *
(2) * * *
(ii) The data sources for each criterion identified in paragraph (c)(2) of this section are specified in paragraphs (c)(2)(ii)(A) through (C) of this section. Each criterion is assigned a specific weight according to its relevance in determining need. The percentage representing each criterion is multiplied by the weight factor and summed to arrive at a State factor (SF). The SF cannot exceed 0.05, as follows:
SF = (criterion in paragraph (b)(2)(i)(A) of this section × 50 percent) + (criterion in paragraph (b)(2)(i)(B) × 25 percent) + (criterion in paragraph (b)(2)(i)(C) of this section × 25 percent)
(A) For the criterion specified in paragraph (b)(2)(i)(A) of this section, the most recent decennial Census data.
(B) For the criterion specified in paragraph (b)(2)(i)(B) of this section, 5-year income data from the American Community Survey (ACS) or, if needed, other Census Bureau data.
(C) For the criterion specified in paragraph (b)(2)(i)(C) of this section, the most recent Bureau of Labor Statistics data.
Subpart B—Loan and Grant Application Processing
38. Revise § 1780.49(b)(2) to read as follows:
§ 1780.49
Rural or Native Alaskan villages.
(b) * * *
(2)
Rural or Native Alaskan village.
A rural or Native Alaskan community which meets the definition of a village under State statutes and does not have a population in excess of 10,000 inhabitants according to the most recent decennial Census.
PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES
39. The authority citation for part 1781 continues to read as follows:
Authority:
5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.
§ 1781.2
[Amended]
40. Amend the first sentence of § 1781.2(a) by removing “, successor to the Farmers's Home Administration” in the first sentence.
PART 1783—REVOLVING FUNDS FOR FINANCING WATER AND WASTEWATER PROJECTS (REVOLVING FUND PROGRAM)
41. The authority citation for part 1783 continues to read as follows:
Authority:
7 U.S.C. 1926 (a)(2)(B).
Subpart A—General
42. In § 1783.3, revise the definition of “Rural and rural area” to read as follows:
§ 1783.3
What definitions are used in this regulation?
Rural and rural area
means a city, town or unincorporated area that has a population of no more than 10,000 inhabitants. The population figure is obtained from the most recent decennial Census of the United States (decennial Census). If the applicable population figure cannot be obtained from the most recent decennial Census, RD will determine the applicable population figure based on available population data.
CHAPTER XVIII—RURAL HOUSING SERVICE, RURAL BUSINESS-COOPERATIVE SERVICE, RURAL UTILITIES SERVICE, AND FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
PART 1806—INSURANCE
43. The authority citation for part 1806 continues to read as follows:
Authority:
5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.
Subpart A—Real Property Insurance
§ 1806.1
[Amended]
44. Amend § 1806.1 by:
a. In paragraph (a), removing “Rural Housing Service (RHS). Any references herein to the Farmers Home Administration (FmHA) or its employees are intended to mean FSA or RHS, as applicable, and their employees.” and adding “Rural Housing Service (RHS), herein referred to as the “Agency.” in its place;
b. In paragraphs (b) and (d), removing “the FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place; and
c. In paragraph (e), removing “Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place and removing “interest of the FmHA or its successor agency under Public Law 103-354” and adding “interest of RD” in its place.
§ 1806.2
[Amended]
45. Amend § 1806.2 by:
a. In paragraph (b)(5)(i), removing “FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place;
b. In paragraphs (b)(6) introductory text and (b)(6)(i), removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
c. In paragraphs (b)(9) and (b)(10) introductory text, removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “the Agency” in their place;
d. In paragraph (b)(11) introductory text:
i. Removing “FmHA or its successor agency under Public Law 103-354 has” and adding “the Agency has” in its place; and
ii. Removing “FmHA or its successor agency under Public Law 103-354 will” and adding “the Agency will” in its place;
iii. Removing “Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place;
d. In paragraph (b)(11)(ii), removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place;
e. In paragraph (b)(11)(iii), removing “FmHA or its successor agency under Public Law 103-354 is” and adding “the Agency is” in its place and removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place;
f. In paragraph (b)(11)(iv) introductory text, removing “FmHA or its successor agency under Public Law 103-354” and adding “The Agency” in its place;
g. In paragraph (b)(11)(iv)(A), removing “United States of America (Farmers Home Administration or its successor agency under Public Law 103-354)” and adding “United States of America (Rural Development)” in its place and removing “naming FmHA or its successor agency under Public Law 103-354” and adding “naming the Agency” in its place;
h. In paragraph (b)(11)(iv)(B), removing “United States of America (Farmers Home Administration or its successor agency under Public Law 103-354)” and adding “United States of America (Rural Development)” in its place and removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place;
i. In paragraph (b)(11)(iv)(C), removing “the Farmers Home Admnistration or its successor agency under Public Law 103-354” and adding “Rural Development” in its place;
j. In paragraph (c), removing “Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place and removing “in which the FmHA or its successor agency under Public Law 103-354” and adding “in which the Agency” in its place;
k. In paragraph (d)(1) introductory text, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
l. In paragraph (d)(1)(iii)(B), removing “FmHA or its successor agency under Public Law 103-354” and adding “the” in its place;
m. In paragraph (d)(2), removing “against the FmHA or its successor agency under Public Law 103-354” and adding “against the Agency” in its place and removing “FmHA or its successor agency under Public Law 103-354 mortgage” and adding “Agency mortgage” in its place; and
n. In paragraph (e), removing “FmHA or its successor agency under Public Law 103-354 loan” and adding “Agency loan” in its place and removing “for FmHA or its successor agency under Public Law 103-354 loans” and adding “for the Agency loans” in its place.
§ 1806.3
[Amended]
46. Amend § 1806.3 by:
a. In paragraphs (a)(1), (b), and (c)(1)(v), removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Agency” in their place;
b. In paragraph (c)(1)(vii), removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Agency” in their place; and
c. In paragraph (c)(1)(viii), removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Agency” in their place.
§ 1806.4
[Amended]
47. Amend § 1806.4 by:
a. In paragraph (a)(2)(ii), removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “RD” in their place;
b. In paragraph (a)(4), removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
c. In paragraph (b)(1), removing “upon demand to FmHA or its successor agency under Public Law 103-354” and adding “upon demand to the Agency” in its place and removing “FmHA or its successor agency under Public Law 103-354 Instruction” and adding “RD Instruction” in its place; and
d. In paragraph (b)(2)(i), removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “the Agency” in their place.
§ 1806.5
[Amended]
48. Amend § 1806.5 by:
a. In paragraphs (a) introductory text and (i)(2)(ii), removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
b. In paragraph (a)(1), removing “the FmHA or its successor agency under Public Law 103-354 ” and adding “the Agency” in its place;
c. In paragraph (a)(1), removing “FmHA or its successor agency under Public Law 103-354 was” and adding “the Agency was” in its place;
d. In paragraphs (a)(2), (b)(1), and (b)(2) introductory text, removing “FmHA or its successor agency under Public Law 103-354 ” and adding “Agency” in its place;
e. In paragraph (b)(2)(i), removing “FmHA or its successor agency under Public Law 103-354's” and adding “the Agency's” in its place and removing “jointly to the FmHA or its successor agency under Public Law 103-354” and adding “jointly to the Agency” in its place;
f. In paragraph (c)(1)(iii), removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place;
g. In paragraphs (c)(1)(iv) and (e)(2), removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
h. In paragraph (g) introductory text, removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Agency” in its place;
i. In paragraphs (g)(2) and (h), removing “FmHA or its successor agency under Public Law 103-354 ” and adding “Agency” in its place; and
j. In paragraph (i)(2), removing “FmHA or its successor agency under Public Law 103-354 official” and adding “Agency official” in its place and removing “whether FmHA or its successor agency under Public Law 103-354” and adding “whether the Agency” in its place.
§ 1806.6
[Amended]
49. Amend § 1806.6 by:
a. In the introductory text, removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “the Agency” in its place;
b. In paragraph (a)(1) introductory text, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
c. In paragraph (a)(1)(ii), removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
d. In paragraph (a)(1)(iii), removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Agency” in their place;
e. In paragraph (a)(1)(v), removing “FmHA or its successor agency under Public Law 103-354 Instruction” and adding “RD Instruction” in its place and removing “FmHA or its successor agency under Public Law 103-354 account” and adding “Agency account” in its place;
f. In paragraph (a)(1)(vii), removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
g. In paragraph (c)(2), removing “FmHA or its successor agency under Public Law 103-354 as mortgagee” and adding “Agency as mortgagee” in its place and removing “FmHA or its successor agency under Public Law 103-354 Instruction” and adding “RD Instruction” in its place; and
h. In paragraph (c)(3), removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place and removing “from the FmHA or its successor agency under Public Law 103-354” and adding “from the Agency” in its place.
Subpart B—National Flood Insurance
§ 1806.21
[Amended]
50. Amend § 1806.21(a) by removing “Farmers Home Administration (FmHA) or its successor agency under Public Law 103-354” and adding “Rural Development and Farm Service Agency, herein referred to as the “Agency”,” in its place.
§ 1806.22
[Amended]
51. Amend § 1806.22 by:
a. In the paragraph heading of paragraph (b), removing “Farmers Home Administration or its successor agency under Public Law 103-354” and adding “The Agency” in its place; and
b. In the first sentence of paragraph (b), removing “the FmHA or its successor agency under Public Law 103-354 National Office” and adding “the National Office” in its place.
§ 1806.23
[Amended]
52. Amend § 1806.23(a) by removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place.
§ 1806.25
[Amended]
53. Amend § 1806.25 by:
a. In the introductory text, removing “FmHA or its successor agency under Public Law 103-354” and adding “The Agency” in its place and
b. In paragraph (c)(4), removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place.
PART 1810—INTEREST RATES, TERMS, CONDITIONS, AND APPROVAL AUTHORITY
54. The authority citation for part 1810 continues to read as follows:
Authority:
7 U.S.C. 1989; 14 U.S.C. 1480; 7 CFR 2.23; 7 CFR 2.70.
Subpart A—Interest Rates, Amortization, Guarantee Fee, Annual Charge, and Fixed Period
§ 1810.1
[Amended]
55. Amend § 1810.1 by:
a. In paragraph (a), removing “FmHA or its successor Agency under Public Law 103-354” and adding “the Agency (Rural Business-Cooperative Service and Rural Housing Service of the U.S. Department of Agriculture)” in its place; and
b. In paragraph (b), removing “Farmers Home Administration or its successor agency under Public Law 103-354” and adding “U.S. Department of Agriculture” in its place.
§ 1810.2
[Amended]
56. Amend § 1810.2(b) and (c) by removing “FmHA or its successor Agency under Public Law 103-354” and adding “the Agency” in their place.
PART 1822—Rural Housing Loans and Grants
57. The authority citation for part 1822 continues to read as follows:
Authority:
42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR 2.23; 7 CFR 2.70.
Subpart G—Rural Housing Site Loan Policies, Procedures, and Authorizations
§ 1822.261
[Amended]
58. Amend § 1822.261 by removing “assistance to FmHA or its successor agency under Public Law 103-354” and adding “Rural Development (RD)” in its place and removing “with an FmHA or its successor agency under Public Law 103-354 employee” and adding “with an RD employee” in its place.
§ 1822.264
[Amended]
59. Amend § 1822.264(b) by removing “The Farmers Home Administration (FmHA) or its successor agency under Public Law 103-354” and adding “RHS” in its place.
§ 1822.265
[Amended]
60. Amend § 1822.265(a) by removing “FmHA or its successor agency under Public Law 103-354”.
§ 1822.266
[Amended]
61. Amend § 1822.266(e)(4) by removing “FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place.
§ 1822.267
[Amended]
62. Amend § 1822.267 by:
a. In paragraph (b), removing “FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place;
b. In paragraph (d), removing “using a form entitled, “((Rural Housing Site) Loan to Nonprofit Corporation)” available at all FmHA or its successor agency under Public Law 103-354 offices”;
c. In paragraph (e), removing “, and certain information in a guide entitled “Planning and Developing Building Sites” available at all FmHA or its successor agency under Public Law 103-354 offices”;
d. In paragraph (h), removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place;
e. In paragraph (i), removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Rural Development” in its place; and
f. In paragraph (k)(2), removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place;
g. In paragraph (l)(2) introductory text, removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place;
h. In paragraph (l)(2)(i), removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Rural Development” in its place;
i. In paragraph (l)(4), removing “FmHA or its successor agency under Public Law 103-354” and adding “Rural Development” in its place; and
j. In paragraph (l)(5), removing “FmHA or its successor agency under Public Law 103-354's” and adding “The government's” in its place.
§ 1822.268
[Amended]
63. Amend § 1822.268(a) by:
a. Removing “charged by FmHA or its successor agency under Public Law 103-354” and adding “charged by Rural Development” in its place;
b. Removing “FmHA or its successor agency under Public Law 103-354 Instruction” and adding “RD Instruction” in its place; and
c. Removing “FmHA or its successor agency under Public Law 103-354 office” and adding “RD office” in its place.
§ 1822.270
[Amended]
64. Amend § 1822.270(a) introductory text by removing “FmHA or its successor agency under Public Law 103-354 loan” and adding “RD” in its place.
§ 1822.271
[Amended]
65. Amend § 1822.271 by:
a. In paragraph (b)(3)(ii), removing “FmHA or its successor agency under Public Law 103-354” and adding “Rural Development” in its place and
b. In paragraph (e), removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs in the column labeled “Form No.” and adding “RD” in its place.
§ 1822.274
[Amended]
66. Amend § 1822.274 by:
a. In paragraph (b) first sentence, removing “Form FmHA or its successor agency under Public Law 103-354 1927-1 (state), Real Estate Mortgage for ___,” will” and adding “Form RD 3550-14, “Real Estate Mortgage or Deed of Trust for (state),” will” in its place and in the first paragraph of the quoted material in the third sentence by removing “basis for the FmHA or its successor agency under Public Law 103-354” and adding “basis for Rural Development” in its place; and
b. In paragraph (c)(2), removing “FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place.
§ 1822.275
[Amended]
67. Amend § 1822.275(a) by removing “FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place.
§ 1822.278
[Amended]
68. Amend § 1822.278(g) by:
a. In the first sentence, removing “Form FmHA or its successor agency under Public Law 103-354 1927-1 (state), Real Estate ___for___(Direct Loan),” will” and adding “Form RD 3550-14, “Real Estate Mortgage or Deed of Trust for (state),” will” in its place; and
b. In the first paragraph of the quoted material in the third sentence, removing “basis for the FmHA or its successor agency under Public Law 103-354” and adding “basis for Rural Development” in its place.
PART 1900—GENERAL
69. The authority citation for part 1900 continues to read as follows:
Authority:
5 U.S.C. 301; 7 U.S.C. 1989; 7 U.S.C. 6991,
et seq.;
42 U.S.C. 1480; Reorganization Plan No. 2 of 1953 (5 U.S.C. App.).
§ 1900.1
[Amended]
70. Amend § 1900.1 by:
a. Removing “the Farmers Home Administration or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place; and
b. Adding “This subpart is inapplicable to Farm Service Agency, Farm Loan Programs.” at the end of the section.
§ 1900.2
[Amended]
71. Amend § 1900.2 introductory text and paragraph (g) by removing “the Farmers Home Administration or its successor Agency under Public Law 103-354” wherever it occurs and adding “Rural Development” in its place.
§ 1900.3
[Amended]
72. Amend § 1900.3 by removing “the Farmers Home Administration or its successor Agency under Public Law 103-354” wherever it occurs and adding “Rural Development” in its place.
§ 1900.5
[Amended]
73. Amend § 1900.5 by removing “the FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place.
§ 1900.6
[Amended]
74. Amend § 1900.6(a) and (b) by removing “Farmers Home Administration or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place.
§ 1900.7
[Amended]
75. Amend § 1900.7 by removing “Administrator of the Farmers Home Administration or its successor agency under Public Law 103-354” and adding “Under Secretary for Rural Development” in its place.
Subpart C—Applicability of Federal Law
§ 1900.101
[Amended]
76. Amend § 1900.101 by:
a. In the introductory text, removing “Agency” and adding “Rural Development” in its place;
b. In paragraph (a), removing “Farmers Home Administration (FmHA) or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place; and
c. In paragraph (b), removing “FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place.
§ 1900.102
[Amended]
77. Amend § 1900.102 by removing “FmHA or its successor Agency under Public Law 103-354” and “Farmers Home Administration or its successor Agency under Public Law 103-354” wherever they occur and adding “Rural Development” in their place.
Subpart D—Processing and Servicing Rural Development Assistance to Employees, Relatives, and Associates
78. Revise the heading of Subpart D to read as set forth above.
79. Revise § 1900.151(a) introductory text and (b) to read as follows:
§ 1900.151
General.
(a) The Standards of Ethical Conduct for Employees of the Executive Branch requires the maintenance of high standards of honesty, integrity, and impartiality by employees. To reduce the potential for employee conflict of interest, any processing, approval, servicing or review activity, including access through automated information systems, is conducted only by authorized Rural Development employees who:
(b) No provision of this subpart takes precedence over individual program requirements or restrictions relating to eligibility for Rural Development assistance to Rural Development employees, members of families of employees, close relatives, or business or close personal associates of employees.
§ 1900.152
[Amended]
80. Amend § 1900.152 by:
a. Removing “FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” wherever it occurs in its place in the following definitions:
i. `Applicant or borrower';
ii. `Assistance';
iii. `Employee'; and
iv. `Recipient'; and
b. Removing “an FmHA or its successor Agency under Public Law 103-354” and adding “a Rural Development” in its place in the definition of `Conflict of Interest'.
81. Revise § 1900.153 to read as follows:
§ 1900.153
Identifying and reporting an employee relationship.
(a)
Responsibility of applicant.
When an application for assistance is filed, the processing official asks if there is any known relationship or association with a Rural Development employee. The applicant is required to disclose the requested information under pertinent program regulations.
(b)
Responsibility of the Rural Development employee.
A Rural Development employee who knows he or she is related to or associated with an applicant or recipient, regardless of whether the relationship or association is known to others, is required to notify the Rural Development official who is processing or servicing the assistance, in writing. RD Guide Letter 1900-D-1 (available in any RD office) may be used as the notice. If the appropriate official is not known, the State Director should be notified. Regardless of whether the relationship or association is defined in § 1900.152, if the employee believes there may be a potential conflict of interest, the Rural Development official who is processing or servicing the assistance may be notified and special handling requested. An employee's request that the case receive special handling is usually honored.
(c)
Responsibility of the Rural Development official.
When any relationship or association is identified, the Rural Development official completes and submits RD Guide Letter 1900-D-2 to the State Director (or Administrator, under paragraph (e) of this section or § 1900.155(a)). When completed, RD Guide Letter 1900-D-3 is returned by the State Director, the processing official;
(d)
Relationship or association established after application for Rural Development assistance.
If a relationship or association is established after an application has been filed or assistance has been provided, both recipient and employee are required to notify the Rural Development official as described in paragraphs (a) and (b) of this section.
(e)
Relationship or association with a State Office, Finance Office or National Office employee.
If an identified relationship or association is with an employee at a State Office (other than a State Director), Finance Office or National Office, the processing/servicing official completes and submits RD Guide Letter 1900-D-2 to the State Director in the normal manner. The State Director reviews the information, determines the need for special handling, designates the processing/servicing official, completes and submits RD Guide Letter 1900-D-3 to the Administrator for written concurrence. When the Administrator's concurrence is received, the State Director returns completed RD Guide Letter 1900-D-3 to the original official who completes the action described in paragraph (c) of this section.
(f)
Relationship or association with a State Director.
If an identified relationship or association is with a State Director, the processing/servicing official completes and submits RD Guide Letter 1900-D-2 to the Administrator. The Administrator reviews, determines the need for special handling, designates the processing/servicing official, completes and returns RD Guide Letter 1900-D-3 to the original official who completes the action described in paragraph (c) of this section.
(g)
Change in relationship or association, status of Rural Development assistance, or employee's duty station.
If the relationship or
association has changed, the application denied or the assistance otherwise terminated, or Rural Development employee's duty station changed, the designated processing/servicing official completes RD Guide Letter 1900-D-2 with the new information and submits it. The review process takes place as described in paragraphs (a) through (e) of this section to determine if processing/servicing activity may return to normal or requires another change. If the assistance is denied or otherwise terminated, the designated official notifies the original official.
§ 1900.155
[Amended]
82. Amend § 1900.155(a) by removing “FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place.
§ 1900.156
[Amended]
83. Amend § 1900.156(g) by removing “FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place.
PART 1901—PROGRAM-RELATED INSTRUCTIONS
84. The authority citation for part 1901 continues to read as follows:
Authority:
5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.
Subpart K—Certificates of Beneficial Ownership and Insured Notes
§ 1901.501
[Amended]
85. Amend § 1901.501 by removing “Farmers Home Administration (FmHA) or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place.
86. Revise § 1901.503(a)(2) through (a)(7), (a)(9), (a)(10), (a)(12), (a)(13), (a)(15) through (a)(17), (a)(19), and (b)(1) through (b)(6) to read as follows:
§ 1901.503
Definitions.
(a) * * *
(2)
Certificate.
A certificate of beneficial ownership issued by Rural Development under this subpart.
(3)
Director, Finance Office.
The Director or the Insured Loan Officer of the Finance Office of Rural Development.
(4)
Rural Development.
The United States acting through the Rural Housing Service, the Rural Utilities Service, or the Rural Business-Cooperative Service or their successor agencies.
(5)
Finance Office.
The office which maintains the Rural Development finance records. It is located at 1520 Market Street, St. Louis, Missouri 63103. (Phone: 314-425-4400)
(6)
Fixed period.
Any time interval (preceding an option period) during which the insured holder is not entitled to require Rural Development to purchase the insured note, as specified in the insurance agreement.
(7)
Insurance agreement.
The entire contract evidencing and setting forth the terms and conditions of Rural Development insurance of the payment for the insured note. The insurance agreement with respect to any particular loan may be evidenced by Form RD 440-5, “Insurance Endorsement (Insured Loan),” RD 440-30, “Insurance Endorsement (Insure Loans),” or any other form or forms prescribed by the National Office and executed by an authorized official of Rural Development. It may include such provisions as, for example, an agreement of Rural Development to purchase or repurchase the loan, or to make supplementary payments from the insurance fund.
(9)
Insured holder.
The current owner of an insured note other than Rural Development, according to the records of Rural Development as insurer of the note.
(10)
Insured note.
Any promissory note or bond evidencing an insured loan regardless of whether it is held by Rural Development in the insurance fund, by a private holder, or by Rural Development as trustee.
(12)
National Office.
The Administrator or other authorized officer of Rural Development in Washington, DC.
(13)
Option period.
Any period during which the insured holder has the optional right to require Rural Development to purchase the insured note, as specified in the insurance agreement.
(15)
Private buyer.
A buyer of an insured note other than Rural Development.
(16)
Private holder.
An insured holder other than Rural Development.
(17)
Repurchase agreement.
A provision in the insurance agreement obligating Rural Development to buy the insured note at the option of the holders.
(19)
State Director.
The State Director of Rural Development for the State in which is located the real estate improved, purchased, or refinanced with the loan evidenced by the insured note.
(b) * * *
(1)
Reserve bank.
The Federal Reserve Bank of New York (and any other Federal Reserve Bank which agrees to issue securities in book-entry form) as fiscal agent of the United States acting on behalf of Rural Development and, when indicated, acting in its individual capacity.
(2)
Rural Development security.
A certificate representing beneficial ownership of notes, bonds, debentures, or other similar obligations held by Rural Development under the Consolidated Farm and Rural Development Act and title V of the Housing Act of 1949, issued in the form of a definitive Rural Development security or a book-entry Rural Development security.
(3)
Definitive Rural Development security.
A Rural Development security in engraved on printed form.
(4)
Book-entry Rural Development security.
A Rural Development security in the form of an entry made as prescribed in this subpart on the records of a Reserve bank.
(5)
Pledge.
A pledge of, or any other security interest in, Rural Development securities as collateral for loans or advances, or to secure deposits of public moneys or the performance of an obligation.
(6)
Date of call.
The date fixed in the official notice of call published in the
Federal Register
on which Rural Development will make payment of the security before maturity in accordance with its terms.
§ 1901.504
[Amended]
87. Amend § 1901.504 by removing “FmHA or its successor Agency under Public Law 103-354 financing” and adding “Rural Development financing” in its place and by removing “FmHA or its successor Agency under Public Law 103-354's fiscal agents” and adding “Rural Development's fiscal agents” in its place.
§ 1901.505
[Amended]
88. Amend § 1901.505 section heading and paragraphs (a)(1), (a)(2), and (b) by removing “FmHA or its successor Agency under Public Law 103-354” wherever it occurs and adding “Rural Development” in its place.
§ 1901.506
[Amended]
89. Amend § 1901.506 by:
a. Removing “FmHA or its successor Agency under Public Law 103-354” each time it appears and adding “Rural Development” in the following places:
i. The section heading;
ii. Paragraphs (a)(1), (a)(2), (a)(3);
iii. Paragraphs (b)(1) introductory text, (b)(2), (b)(3), (b)(4), (b)(5);
iv. Paragraphs (c)(1) introductory text, (c)(1)(i), (c)(1)(iv), (c)(2), (c)(3), (c)(4), (c)(5);
v. Paragraphs (d) paragraph heading, (d)(1), (d)(2);
vi. Paragraph (e) paragraph heading and text;
vii. Paragraph (f)(1);
viii. Paragraph (g) paragraph heading and text;
ix. Paragraph (h)(1); and
b. In paragraph (f)(2), removing “the Farmers Homes Administration or its successor agency under Public Law 103-354” and “Farmers Homes Administration or its successor agency under Public Law 103-354” and adding “Rural Development” in their place.
90. Amend § 1901.507 by:
a. Revising the section heading to read as set forth below;
b. In paragraphs (b)(1) and (b)(3), removing “FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place;
c. In paragraph (c)(1), removing “FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place;
d. In paragraph (d)(1), removing “FmHA or its successor Agency under Public Law 103-354” wherever it occurs and adding “Rural Development” in its place;
e. Removing in paragraph (d)(2) “Farmers Home Administration or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place;
f. In paragraph (d)(3), removing “FmHA or its successor Agency under Public Law 103-354” wherever it occurs and adding “Rural Development” in its place; and
g. Revising paragraph (e) to read as follows:
§ 1901.507
Certificates of beneficial ownership by the Rural Development Finance Office.
(e)
Assignments.
Assignments of certificates should be executed by the owner or the owner's authorized representative in the presence of an officer authorized to certify assignments. Registered certificates may be assigned to a specified transferee or to Rural Development for redemption or for exchange for other certificates offered at maturity. Assignments to “United States, Rural Development,” “Farmers Home Administration for Transfer,” or “Rural Development for Exchange” will not be accepted unless supplemented by specific instructions by or in behalf of the owner. If an alteration or erasure has been made in an assignment, a new assignment from the assignor should be obtained. Otherwise, an affidavit or explanation by the person responsible for the alteration or erasure should be submitted for consideration.
§ 1901.508
[Amended]
91. Amend § 1901.508 by:
a. In the introductory text and in paragraphs (a)(1) through (a)(4), removing “FmHA or its successor Agency under Public Law 103-354” wherever it occurs and adding “Rural Development” in its place;
b. In paragraph (b)(1)(i), removing “Form FmHA or its successor Agency under Public Law 103-354” and adding “Form RD” in its place;
c. In paragraph (b)(2), removing “FmHA or its successor Agency under Public Law 103-354 is requested” and adding “Rural Development is requested” in its place and removing “Form FmHA or its successor Agency under Public Law 103-354” and adding “Form RD” in its place;
d. In paragraph (b)(3), removing “Form FmHA or its successor Agency under Public Law 103-354” and adding “Form RD” in its place and removing “made to FmHA or its successor Agency under Public Law 103-354” and adding “made to Rural Development” in its place;
e. In paragraph (b)(4):
i. Removing “Form FmHA or its successor Agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place;
ii. Removing “records of FmHA or its successor Agency under Public Law 103-354” and adding “records of Rural Development” in its place; and
iii. Removing “by FmHA or its successor Agency under Public Law 103-354” and adding “by Rural Development” in its place;
f. In paragraph (b)(5):
i. Removing “by FmHA or its successor Agency under Public Law 103-354” wherever it occurs and adding “by Rural Development” in its place;
ii. Removing “Form FmHA or its successor Agency under Public Law 103-354” and adding “Form RD” in its place; and
iii. Removing “However, FmHA or its successor Agency under Public Law 103-354” and adding “However, Rural Development” in its place; and
g. In the heading to paragraph (c) and in paragraphs (c)(1) introductory text, (c)(2), and (d), removing “FmHA or its successor Agency under Public Law 103-354” wherever it occurs and adding “Rural Development” in its place.
§ 1901.509
[Amended]
92. Amend § 1901.509 by:
a. In paragraph (a), removing “FmHA or its successor Agency under Public Law 103-354's” wherever it occurs and adding “Rural Development's” in its place;
b. In paragraphs (b) introductory text, (b)(1) introductory text, and (b)(1)(iii), removing “FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place;
c. In paragraph (b)(5):
i. Removing “and FmHA or its successor Agency under Public Law 103-354” and adding “and Rural Development” in its place;
ii. Removing “to FmHA or its successor Agency under Public Law 103-354” and adding “to Rural Development” in its place; and
iii. Removing “by FmHA or its successor Agency under Public Law 103-354” and adding “by Rural Development” in its place; and
d. In paragraph (b)(6), removing “the Farmers Home Administration or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place; and
e. In paragraph (d), removing “FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place.
PART 1902—SUPERVISED BANK ACCOUNTS
93. The authority citation for part 1902 continues to read as follows:
Authority:
5 U.S.C. 301; 7 U.S.C. 1989; 7 U.S.C. 6991,
et seq.;
42 U.S.C. 1480; Reorganization Plan No. 2 of 1953 (5 U.S.C. App.).
Subpart A—Supervised Bank Accounts of Loan, Grant, and Other Funds
§ 1902.1
[Amended]
94. Amend § 1902.1 introductory text by adding at the end of the section “This subpart is inapplicable to Farm Service Agency, Farm Loan Programs.”
§ 1902.4
[Amended]
95. Amend § 1902.4 by:
a. In paragraph (a)(1), removing “FmHA or its successor agency under Public Law 103-354” and adding “government” in its place; and
b. In paragraph (b)(2):
i. Removing “the FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place;
ii. Removing “FmHA or its successor Agency under Public Law 103-354 will” and adding “Rural Development will” in its place; and
iii. Removing “Form FmHA or its successor Agency under Public Law 103-354” and adding “Form RD” in its place.
§ 1902.9
[Amended]
96. Amend § 1902.9 in the heading of paragraph (a) by removing “FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place.
§ 1902.10
[Amended]
97. Amend § 1902.10 by:
a. In paragraph (b), removing “FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place; and
b. In paragraph (c), removing “Form FmHA or its successor Agency under Public Law 103-354” and adding “Form RD” in its place.
§ 1902.15
[Amended]
98. Amend § 1902.15 by:
a. In the introductory text:
i. Removing “When FmHA or its successor Agency under Public Law 103-354” and adding “When Rural Development” in its place;
ii. Removing “Form FmHA or its successor Agency under Public Law 103-354” and adding “Form RD” in its place; and
iii. Removing “FmHA or its successor Agency under Public Law 103-354's” and adding “Rural Development's” in its place.
b. In paragraphs (a) and (c)(1)(i) introductory text, removing “FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place;
c. In paragraph(c)(1)(i)(B), removing “FmHA or its successor Agency under Public Law 103-354's” and adding “Rural Development's” in their place;
d. In paragraph (c)(1)(i)(C), removing “FmHA or its successor Agency under Public Law 103-354” wherever it occurs and adding “Rural Development” in its place;
e. In paragraph (c)(1)(ii):
i. Removing “FmHA or its successor Agency under Public Law 103-354 indebtedness” and adding “Rural Development indebtedness” in its place;
ii. Removing “FmHA or its successor Agency under Public Law 103-354 borrower” and adding “Rural Development borrower” in its place; and
iii. Removing “the FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place; and
f. In paragraphs (c)(1)(iii) and (c)(2)(i), removing “FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place.
§ 1902.16
[Amended]
99. Amend § 1902.16 by:
a. In paragraph (c), removing “FmHA or its successor agency under Public Law 103-354s” and adding “Rural Development” in its place; and
b. In paragraph (d) by removing “of FmHA or its successor agency under Public Law 103-354's” and adding “due to Rural Development” in its place.
PART 1910—GENERAL
100. The authority citation for part 1910 continues to read as follows:
Authority:
5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.
Subpart B—Credit Reports
100. Section 1910.51 is revised to read as follows:
§ 1910.51
Purpose.
This subpart prescribes the policies and procedures of Rural Development for individual and joint type credit reports. Credit reports will be ordered to determine the eligibility of applicants requesting Rural Development loans. A nonrefundable fee will be charged the applicant. This subpart is inapplicable to Farm Service Agency, Farm Loan Programs.
Subpart C—Commercial Credit Reports
101. Revise the first sentence of § 1910.101 to read as follows:
§ 1910.101
Preface.
This subpart (§§ 1910.101 through 1910.150) describes the procedure to be used by Rural Development in obtaining commercial credit reports. * * *
PART 1924—CONSTRUCTION AND REPAIR
102. The authority citation for part 1924 continues to read as follows:
Authority:
5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.
Subpart A—Planning and Performing Construction and Other Development
§ 1924.1
[Amended]
103. Amend § 1924.1 by removing “Farmers Home Administration (FmHA) or its successor agency under Public Law 103-354” and adding “Agency” in its place.
§§ 1924.3, 1924.4, 1924.5, 1924.6, 1924.8, 1924.9, 1924.10, and 1924.13
[Amended]
102. Remove “FmHA or its successor agency under Public Law 103-354” wherever it occurs and add “Agency” in its place in the following places:
a. Section 1924.3;
b. Section 1924.4(d), (f), and (p);
c. Section 1924.5(d)(1) introductory text wherever it occurs, (d)(1)(iv), (d)(1)(v), (f)(1)(i), (f)(1)(iii)(C)(
4
), (f)(2)(iii), (f)(2)(xii) wherever it occurs, (g)(3), and (i)(4);
d. Section 1924.6(a)(6), (a)(8), (a)(10)(ii) wherever it occurs, and (a)(11)(iv);
e. Section 1924.8(e);
f. Section 1924.9(b)(7);
g. Section 1924.10(c)(1) wherever it occurs; and
h. Section 1924.13(a) introductory text, (a)(1), (a)(3), (a)(5)(i)(B) wherever it occurs, (a)(5)(ii)(C), (a)(5)(vi), (b)(2)(v), (e)(1) introductory text wherever it occurs, (e)(1)(iii)(B)(
2
), (e)(2)(i)(B), (e)(2)(ii)(A), and (e)(2)(vii).
§§ 1924.5, 1924.6, 1924.9, 1924.10, 1924.11, 1924.12, and 1924.13
[Amended]
103. Remove “FmHA or its successor agency under Public Law 103-354” wherever it occurs and add “RD” in its place in the following places:
a. Section 1924.5(b) wherever it occurs, (f)(1)(iii)(F), (f)(2)(i), (g)(1) introductory text, and (g)(2);
b. Section 1924.6(a)(10)(iv) wherever it occurs, (a)(11)(iii), (a)(12)(ii), (a)(12)(iii) wherever it occurs, (a)(12)(v)(A), (a)(12)(vi)(C)(
2
)(
i
), (a)(12)(vi)(C)(
2
)(
ii
), (b)(3)(i) wherever it occurs, (b)(3)(ii)(C), and (b)(3)(ii)(G);
c. Section 1924.9(c) wherever it occurs;
d. Section 1924.10(a)(4), (c)(2)(i), and (c)(2)(ii);
e. Section 1924.11(c);
f. Section 1924.12(a), (d)(1), and (d)(2); and
g. Section 1924.13(e)(1)(ii) introductory text wherever it occurs and (e)(2)(x).
§§ 1924.4, 1924.5, 1924.6, 1924.9, and 1924.13
[Amended]
104. Remove “FmHA or its successor agency under Public Law 103-354” wherever it occurs and add “the Agency” in its place in the following places:
a. Section 1924.4(h)(1), (h)(8), and (n);
b. Section 1924.5(d)(1)(i)(E)(
1
), (f)(1)(ii), (f)(1)(iii)(C), (f)(2) introductory text, (f)(2)(vii), and (f)(2)(viii);
c. Section 1924.6(a)(2)(vi), (a)(3)(iii)(B), (a)(3)(iv)(D), (a)(3)(iv)(F), (a)(11)(iv) wherever it occurs, (a)(12)(v)(C) wherever it occurs, (a)(12)(vi)(C)(
1
)(
ii
), and (b)(3)(ii)(F);
d. Section 1924.9(d) and (e); and
e. Section 1924.13(a)(5)(i)(F), (a)(5)(iii)(C), (b)(2) wherever it occurs, (e)(1)(i)(D), (e)(1)(i)(E), (e)(1)(iii)(B)(
3
), (e)(1)(vi)(A) wherever it occurs, (e)(1)(vii)(A)(
4
), (e)(1)(vii)(B)(
3
), (e)(2)(i)(D), (e)(2)(ii)(C), (e)(2)(iii)(C), (e)(2)(ix)(A) wherever it occurs, and (e)(2)(ix)(B).
§ 1924.5
[Amended]
105. Amend § 1924.5 by:
a. In paragraph (d)(1)(ii), removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Rural Development” in its place;
b. In paragraph (f) introductory text, removing “FmHA or its successor agency under Public Law 103-354's” and adding “the Agency's” in its place;
c. In paragraph (f)(1)(iii), removing “FmHA or its successor agency under Public Law 103-354” and adding “The Agency” in its place;
d. In paragraph (f)(2)(iii):
i. Removing “FmHA or its successor agency under Public Law 103-354 for” and adding “Agency for” in its place;
ii. Removing “that FmHA or its successor agency under Public Law 103-354 will” and adding “the Agency will” in its place; and
iii. Removing “Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place;
e. In paragraph (h) introductory text:
i. Removing “of FmHA or its successor agency under Public Law 103-354” and adding “of the Agency” in its place; and
ii. Removing “FmHA or its successor agency under Public Law 103-354 forms” and adding “RD forms” in its place; and
f. in paragraph (i)(5), removing “FmHA or its successor agency under Public Law 103-354” and adding “The Agency” in its place.
§ 1924.6
[Amended]
106. Amend § 1924.6 by:
a. In paragraph (a)(1), removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place and removing “(including FmHA or its successor agency under Public Law 103-354)” and adding “(including the Agency)” in its place;
b. In paragraph (a)(3)(ii), removing “(including FmHA or its successor agency under Public Law 103-354)” and adding “(including the Agency)” in its place and removing “FmHA or its successor agency under Public Law 103-354 will be” and adding “The Agency will be” in its place;
c. In paragraph (a)(3)(iii)(A):
i. Removing “FmHA or its successor agency under Public Law 103-354 prior” and adding “the Agency prior” in its place;
ii. Removing “the owner and FmHA or its successor agency under Public Law 103-354” and adding “the owner and the Agency” in its place;
iii. Removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place; and
iv. Removing “all FmHA or its successor agency under Public Law 103-354” and adding “all Agency” in its place.
d. In paragraph (a)(11)(i), removing “FmHA or its successor agency under Public Law 103-354 employee” and adding “Agency employee” in its place and removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place;
e. In paragraph (a)(12)(v)(B), removing “provide FmHA or its successor agency under Public Law 103-354” and adding “provide the Agency” in its place and removing “FmHA or its successor agency under Public Law 103-354 official” wherever it occurs and adding “Agency official” in its place;
f. In paragraph (a)(12)(vi)(B):
i. Removing “FmHA or its successor agency under Public Law 103-354 loan” and adding “Agency loan” in its place;
ii. Removing “by FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “by the Agency” in its place;
iii. Removing “of FmHA or its successor agency under Public Law 103-354” and adding “of the Agency” in its place; and
iv. Removing “the owner and FmHA or its successor agency under Public Law 103-354” and adding “the owner and the Agency” in its place; and
g. In paragraph (a)(12)(vi)(C) introductory text:
i. Removing “the FmHA or its successor agency under Public Law 103-354 loan” and adding “Agency loan” in its place;
ii. Removing “FmHA or its successor agency under Public Law 103-354 will” and adding “the Agency will” in its place; and
iii. Removing “Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place.
§ 1924.9
[Amended]
107. Amend § 1924.9 by:
a. In paragraph (a):
i. Removing “Rural Development office” and adding “Agency office” in its place;
ii. Removing “RHS or its successor agency under Public Law 103-354 inpections” wherever it occurs and adding “Agency inspections” in its place; and
iii. Removing “RHS or its successor agency under Public Law 103-354 has” and adding “the Agency has” in its place; and
b. In paragraph (b)(2), removing “the FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place.
§ 1924.10
[Amended]
108. Amend § 1924.10(a)(3) by removing “FmHA or its successor agency under Public Law 103-354's security” and adding “the Agency's security” in its place and removing “FmHA or its successor agency under Public Law 103-354 security” and adding “Agency security” in its place.
§ 1924.12
[Amended]
109. Amend § 1924.12 by:
a. In paragraph (b):
i. Removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place;
ii. Removing “the owner and FmHA or its successor agency under Public Law 103-354” and adding “the owner and the Agency” in its place; and
iii. Removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place;
b. In paragraph (c), removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place and removing “FmHA or its successor agency under Public Law 103-354 office” and adding “Agency office” in its place; and
c. In paragraph (d)(4), removing “notifies FmHA or its successor agency under Public Law 103-354” and adding “notifies the Agency” in its place and removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place.
§ 1924.13
[Amended]
110. Amend § 1924.13 by:
a. In paragraph (a)(4)(iii), removing “The Farmers Home Administration or its successor agency under Public Law 103-354” and adding “The Agency” in its place and removing “FmHA or its successor agency under Public Law 103-354 Approval Official” and adding “Agency Approval Official” in its place;
b. In paragraph (e)(1)(ii)(F):
i. Removing “to FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “to the Agency” in its place;
ii. Removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place; and
iii. Removing “FmHA or its successor agency under Public Law 103-354 regulations” and adding “Agency regulations” in its place;
c. In paragraph (e)(1)(ii)(G), removing “FmHA or its successor agency under Public Law 103-354 offices” and adding
“Agency offices” in its place, and removing “Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place;
d. In paragraph (e)(1)(ii)(H), removing “The Farmers Home Administration or its successor agency under Public Law 103-354” and adding “The Agency” in its place and removing “FmHA or its successor agency under Public Law 103-354 Official” and adding “Agency Official” in its place;
e. In paragraph (e)(1)(iv):
i. Removing “FmHA or its successor agency under Public Law 103-354 with” and adding “the Agency with” in its place;
ii. Removing “Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place;
iii. Removing “FmHA or its successor agency under Public Law 103-354 offices” and adding “Agency offices” in its place; and
iv. Removing “FmHA or its successor agency under Public Law 103-354 personnel” and adding “Agency personnel” in its place;
f. In paragraph (e)(1)(v) introductory text:
i. Removing “Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place;
ii. Removing “FmHA or its successor agency under Public Law 103-354 office” wherever it occurs and adding “Agency office” in its place;
iii. Removing “FmHA or its successor agency under Public Law 103-354 will” and adding “the Agency will” in its place;
iv. Removing “FmHA or its successor agency under Public Law 103-354 contractor” and adding “Agency contractor” in its place;
v. Removing “FmHA or its successor agency under Public Law 103-354 contracts” and adding “Agency contracts” in its place; and
vi. Removing “FmHA or its successor agency under Public Law 103-354 personnel” and adding “Agency personnel” in its place;
g. In paragraph (e)(1)(v)(A), removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place and removing “to FmHA or its successor agency under Public Law 103-354” and adding “to the Agency” in its place;
h. In paragraph (e)(1)(v)(B):
i. Removing “the owner and FmHA or its successor agency under Public Law 103-354” and adding “the owner and the Agency” in its place;
ii. Removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place;
iii. Removing “prior to FmHA or its successor agency under Public Law 103-354” and adding “prior to the Agency” in its place; and
iv. Removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place;
i. In paragraph (e)(1)(v)(C):
i. Removing “Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place;
ii. Removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place; and
iii. Removing “FmHA or its successor agency under Public Law 103-354 office” and adding “Agency office” in its place;
j. In paragraph (e)(1)(v)(D), removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place and removing “FmHA or its successor agency under Public Law 103-354 regulations” and adding “Agency regulations” in its place;
k. In paragraph (e)(1)(v)(E):
i. Removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place;
ii. Removing “FmHA or its successor agency under Public Law 103-354 reserves” and adding “The Agency reserves” in its place;
iii. Removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place; and
iv. Removing “to FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “to the Agency” in its place;
l. In paragraph (e)(1)(v)(G):
i. Removing “Forms FmHA or its successor agency under Public Law 103-354” and adding “Forms RD” in its place;
ii. Removing “FmHA or its successor agency under Public Law 103-354 1944-31” and adding “RD 1944-31” in its place;
iii. Removing “FmHA or its successor agency under Public Law 103-354 Instruction” and adding “RD Instruction” in its place; and
iv. Removing “FmHA or its successor agency under Public Law 103-354 office” wherever it occurs and adding “Agency office” in its place;
m. In paragraph (e)(1)(v)(I):
i. Removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place;
ii. Removing “FmHA or its successor agency under Public Law 103-354 Instruction” and adding “RD Instruction” in its place; and
iii. Removing “FmHA or its successor agency under Public Law 103-354 office” and adding “Agency office” in its place;
n. In paragraph (e)(1)(vi) introductory text, removing “Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place and removing “FmHA or its successor agency under Public Law 103-354 as shown” and adding “the Agency as shown” in its place;
o. In paragraph (e)(2)(i)(G), removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place and removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place;
p. In paragraph (e)(2)(i)(H), removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place and removing “to FmHA or its successor agency under Public Law 103-354” and adding “to the Agency” in its place;
q. In paragraph (e)(2)(viii) introductory text:
i. Removing “Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place;
ii. Removing “FmHA or its successor agency under Public Law 103-354 office” and adding “Agency office” in its place;
iii. Removing “FmHA or its successor agency under Public Law 103-354 contractor” and adding “Agency contractor” in its place; and
iv. Removing “FmHA or its successor agency under Public Law 103-354 contracts” and adding “Agency contracts” in its place;
r. In paragraph (e)(2)(viii)(A):
i. Removing “Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place;
ii. Removing “FmHA or its successor agency under Public Law 103-354 regulations” and adding “Agency regulations” in its place;
iii. Removing “FmHA or its successor agency under Public Law 103-354 reserves” and adding “The Agency reserves” in its place;
iv. Removing “to FmHA or its successor agency under Public Law 103-354” and adding “to the Agency” in its place;
v. Removing “FmHA or its successor agency under Public Law 103-354
office” and adding “Agency office” in its place; and
vi. Removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place;
s. In paragraph (e)(2)(viii)(B):
i. Removing “FmHA or its successor agency under Public Law 103-354 must” and adding “the Agency must” in its place;
ii. Removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place; and
iii. Removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place;
t. In paragraph (e)(2)(viii)(D):
i. Removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place;
ii. Removing “FmHA or its successor agency under Public Law 103-354 Instruction” and adding “RD Instruction” in its place; and
iii. Removing “FmHA or its successor agency under Public Law 103-354 office” and adding “Agency office” in its place; and
u. In paragraph (e)(2)(ix):
i. Removing “FmHA or its successor agency under Public Law 103-354 District” and adding “Agency District” in its place;
ii. Removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place;
iii. Removing “to FmHA or its successor agency under Public Law 103-354” and adding “to the Agency” in its place;
iv. Removing “FmHA or its successor agency under Public Law 103-354 Representative” and adding “Agency Representative” in its place; and
v. Removing “FmHA or its successor agency under Public Law 103-354 does not” and adding “the Agency does not” in its place.
Exhibit B to Subpart A [Amended]
111. Amend Exhibit B to Subpart A of Part 1924 by:
a. In the introductory text:
i. Removing “of FmHA or its successor agency under Public Law 103-354” and adding “of the Agency” in its place;
ii. Removing “Farmers Home Administration (FmHA) or its successor agency under Public Law 103-354” and adding “Agency” in its place; and
iii. Removing “an FmHA or its successor agency under Public Law 103-354” and adding “an Agency” in its place;
b. In paragraph I.B, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
c. In paragraph III.B:
i. Removing “an FmHA or its successor agency under Public Law 103-354” and adding “an Agency” in its place;
ii. Removing “local FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “local Agency” in its place; and
iii. Removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place;
d. In paragraph IV, removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place;
e. In paragraph V introductory text, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
f. In paragraph V.D introductory text, removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place;
g. In paragraph V.E, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
h. In paragraph V.H, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
i. In paragraph V.J, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
j. In paragraph VI.A introductory text, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
k. In paragraph VI.A.3, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
l. In paragraph VII.C introductory text, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
m. In paragraph IX, removing “FmHA or its successor agency under Public Law 103-354 will” and adding “The Agency will” in its place and removing “of the FmHA or its successor agency under Public Law 103-354” and adding “of the Agency” in its place;
n. In paragraph X.B, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
o. In paragraph X.C, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
p. In Attachment 1 to Exhibit B by:
i. In the introductory text, removing “Farmers Home Administration (FmHA) or its successor agency under Public Law 103-354” and adding “Agency” in its place and removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
ii. In paragraph A.10, removing “FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place; and
iii. In paragraph B.4(c), removing “FmHA or its successor agency under Public Law 103-354” and adding “U.S. Department of Agriculture,” in its place;
q. In Attachment 2 to Exhibit B by:
i. In the second introductory paragraph, removing “Farmers Home Administration (FmHA) or its successor agency under Public Law 103-354” and adding “Agency” in its place;
ii. In paragraph 2, removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place;
iii. In paragraph 3, removing “local FmHA or its successor agency under Public Law 103-354” and adding “local Agency” in its place;
iv. In paragraph 3, removing “FmHA or its successor agency under Public Law 103-354 Instruction” and adding “RD Instruction” in its place;
v. In paragraph 3, removing “FmHA or its successor agency under Public Law 103-354 Thermal” and adding “Agency Thermal” in its place;
vi. In paragraph 6 and the second undesginated concluding paragraph, removing “FmHA or its successor agency under Public Law 103-354 personnel” and adding “RD personnel” in its place;
vii. In paragraph 6, removing “FmHA or its successor agency under Public Law 103-354 State” and adding “Agency State” in its place; and
viii. In paragraph 6, removing “FmHA or its successor agency under Public Law 103-354 inspection” and adding “RD inspection” in its place; and
r. In Attachment 5 to Exhibit B by removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Agency” in its place.
Exhibit C to Subpart A [Amended]
112. Amend Exhibit C to Subpart A of Part 1924 by:
a. In paragraphs II.A introductory text and V.B introductory text, removing “any FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “any Agency” in its place;
b. In paragraphs IV introductory text and IV.A introductory text, removing
“Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place; and
c. In paragraph IV.A.1, removing “FmHA or its successor agency under Public Law 103-354 form” and adding “RD form” in its place.
Exhibit D to Subpart A [Amended]
113. Amend Exhibit D to Subpart A of Part 1924 by removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Agency” in its place in the following places:
a. Paragraph IV.A;
b. Paragraph IV.C.1.a;
c. Paragraph IV.C.1.b;
d. Paragraph IV.C.2.b; and
e. Paragraph V.A.
Exhibit H to Subpart A [Amended]
114. Amend Exhibit H to Subpart A of Part 1924 by:
a. In paragraph II, removing “Farmers Home Administration (FmHA) or its successor agency under Public Law 103-354” and adding “Agency” in its place;
b. In paragraph IV.B, removing “FmHA or its successor agency under Public Law 103-354 requires” and adding “the Agency requires” in its place and removing “FmHA or its successor agency under Public Law 103-354 County” and adding “Agency County” in its place;
c. In paragraph IV.C, removing “FmHA or its successor agency under Public Law 103-354 requires” and adding “the Agency requires” in its place and removing “FmHA or its successor agency under Public Law 103-354 County” and adding “Agency County” in its place;
d. In paragraph IV.D, removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Agency” in its place; and
e. In paragraph IV.E, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place.
Exhibit I to Subpart A [Amended]
115. Amend Exhibit I to Subpart A of Part 1924 by:
a. Removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “the Agency” in its place in the following places:
i. Paragraph 300-3; and
ii. Paragraph 302-2.5; and
b. Removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Agency” in its place in the following places:
i. Paragraph 302-2.3;
ii Paragraph 303-1.
Exhibit J to Subpart A [Amended]
116. Amend Exhibit J to Subpart A of Part 1924, Part A by:
a. In Section I:
i. Removing “FmHA or its successor agency under Public Law 103-354 field” and adding “Agency field” in its place;
ii. Removing “FmHA or its successor agency under Public Law 103-354 housing” and adding “Agency housing” in its place;
iii. Removing “FmHA or its successor agency under Public Law 103-354 may” and adding “The Agency may” in its place; and
iv. Removing “FmHA or its successor agency under Public Law 103-354 will” and adding “The Agency will” in its place;
b. In Section II introductory text by:
i. Removing “FmHA or its successor agency under Public Law 103-354 has” and adding “The Agency has” in its place;
ii. Removing “to FmHA or its successor agency under Public Law 103-354” and adding “to the Agency” in its place; and
iii. Removing “of FmHA or its successor agency under Public Law 103-354” and adding “of Agency” in its place;
c. In Section II.B:
i. Removing “FmHA or its successor agency under Public Law 103-354 field” and adding “Agency field” in its place;
ii. Removing “FmHA or its successor agency under Public Law 103-354 loan” and adding “Agency loan” in its place;
iii. Removing “FmHA or its successor agency under Public Law 103-354/MPS” and adding “Agency/MPS” in its place; and
iv. Removing “FmHA or its successor agency under Public Law 103-354 in that” and adding “the Agency in that” in its place;
d. In Section III:
i. In the definition of `Manufactured Home” removing “FmHA or its successor agency under Public Law 103-354's” and adding “the Agency's” in its place; and
ii. In the definition of `Permanent Perimeter Enclosure' removing “FmHA or its successor agency under Public Law 103-354 adopted” and adding “Agency adopted” in its place;
e. In Section IV, removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place;
f. In Section V:
i. In the introductory text, removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place;
ii. In Section V.2, removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place and removing “to FmHA or its successor agency under Public Law 103-354” and adding “to the Agency” in its place; and
iii. In Section V.2.B introductory text, removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place and removing “FmHA or its successor agency under Public Law 103-354 regulations” and adding “Agency regulations” in its place;
Exhibit J to Subpart A [Amended]
117. Amend Exhibit J to Subpart A of Part 1924, Part B by:
a. In Section I.C removing “FmHA or its successor agency under Public Law 103-354's” and adding “the Agency's” in its place;
b. In Section I.I, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
c. In Section II.A introductory text, removing “FmHA or its successor agency under Public Law 103-354/MPS” and adding “Agency/MPS” in its place and removing “to FmHA or its successor agency under Public Law 103-354” and adding “to the Agency” in its place;
d. In Section II.A.1, removing “FmHA or its successor agency under Public Law 103-354/MPS” and adding “Agency/MPS” in its place and removing “to FmHA or its successor agency under Public Law 103-354” and adding “to the Agency” in its place;
e. In Section II.A.2, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
f. In Section II.A.4, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
g. In Section II.A.6, removing “FmHA or its successor agency under Public Law 103-354 adopted” and adding “Agency adopted” in its place and removing “to FmHA or its successor agency under Public Law 103-354” and adding “to the Agency” in its place;
h. In Section II.A.8, removing “FmHA or its successor agency under Public Law 103-354's” and adding “the Agency's” in its place;
i. In Section II.C.1, removing “FmHA or its successor agency under Public Law 103-354/MPS” wherever it occurs and adding “Agency/MPS” in its place;
j. In Section II.C.2, removing “FmHA or its successor agency under Public
Law 103-354/MPS” and adding “Agency/MPS” in its place;
k. In Section III.A, removing “FmHA or its successor agency under Public Law 103-354/MPS” and adding “Agency/MPS” in its place;
l. In Section III.C, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
m. In Section IV.A.1, removing “FmHA or its successor agency under Public Law 103-354/MPS” and adding “Agency/MPS” in its place; and
n. In Section IV.C.2, removing “FmHA or its successor agency under Public Law 103-354/MPS” and adding “Agency/MPS” in its place and removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place;
Exhibit J to Subpart A [Amended]
118. Amend Exhibit J to Subpart A of Part 1924, Part C by:
a. In Section I introductory text, removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place;
b. In Section I.B, removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Agency” in its place;
c. In Section I.C:
i. Removing “FmHA or its successor agency under Public Law 103-354 County” and adding “Agency County” in its place;
ii. Removing “FmHA or its successor agency under Public Law 103-354/MPS” and adding “Agency/MPS” in its place; and
iii. Removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place; and
d. In Section V.A, removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place.
Exhibit J to Subpart A [Amended]
119. Amend Exhibit J to Subpart A of Part 1924, Part D, Inspection of Development Works, Section II.D by removing “FmHA or its successor agency under Public Law 103-354's” and adding “the Agency's” in its place.
Exhibit K to Subpart A [Amended]
120. Amend Exhibit K to Subpart A of Part 1924 by:
a. In Section I, removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place;
b. In Section II, removing “FmHA or its successor agency under Public Law 103-354's” wherever it occurs and adding “the Agency's” in its place and removing “between FmHA or its successor agency under Public Law 103-354” and adding “between the Agency” in its place; and
c. In Section III, removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place.
Exhibit L to Subpart A [Amended]
121. Amend Exhibit L to Subpart A of Part 1924 by:
a. In Section I introductory text, removing “Farmers Home Administration (FmHA) or its successor agency under Public Law 103-354” and adding “the Agency” in its place;
b. In Section I.A, removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place;
c. In Section I.B, removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place;
d. In Section I.C, removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place;
e. In Section II.B, removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “the Agency” in its place;
f. In Section III.E, removing “if FmHA or its successor agency under Public Law 103-354” and adding “if the Agency” in its place and removing “FmHA or its successor agency under Public Law 103-354 inspections” wherever it occurs and adding “Agency inspections” in its place;
g. In Section IV.A(6), removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
h. In Section IV.B(1), removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
i. In Section IV.B(2), removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place; and
j. In Attachment 1, removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place.
Subpart C—Planning and Performing Site Development Work
§§ 1924.103 and 1924.119
[Amended]
122. Amend §§ 1924.103 and 1924.119 by removing “FmHA” and adding “RD” in its place and by removing “(available in any RHS field office)” wherever it occurs.
Subpart F—Complaints and Compensation for Construction Defects
§ 1924.251
[Amended]
123. Amend § 1924.251 by removing “Farmers Home Administration (FmHA) or its successor agency under Public Law 103-354” and adding “Rural Development” in its place.
§§ 1924.252, 1924.253, 1924.258, 1924.260, 1924.261, 1924.262, 1924.265, 1924.266, 1924.274, and 1924.276
[Amended]
124. Remove “FmHA or its successor agency under Public Law 103-354” wherever it occurs and add “Rural Development” in its place in the following places:
a. Section 1924.252;
b. Section 1924.253;
c. Section 1924.258;
d. Section 1924.260;
e. Section 1924.261;
f. Section 1924.262;
g. Section 1924.265;
h. Section 1924.266;
i. Section 1924.274; and
j. Section 1924.276.
§ 1924.259
[Amended]
125. Amend § 1924.259 by:
a. In paragraph (a), removing “a format specified by FmHA or its successor agency under Public Law 103-354 (available in any FmHA or its successor agency under Public Law 103-354 office)” and adding “a Rural Development approved format” in its place and removing “FmHA or its successor agency under Public Law 103-354 will” and adding “Rural Development will” in its place;
b. In paragraph (b), removing “FmHA or its successor agency under Public Law 103-354 using a format specified by FmHA or its successor agency under Public Law 103-354 (available in any FmHA or its successor agency under Public Law 103-354 office)” and adding “Rural Development using a Rural Development approved format” in its place;
c. In paragraphs (c), (d), and (e) introductory text, removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Rural Development” in its place;
d. In paragraph (e)(2) introductory text, removing “FmHA or its successor agency under Public Law 103-354's findings” and adding “the findings” in its place; and
e. In paragraphs (e)(2)(i), (e)(2)(ii), (e)(3), and (e)(4), removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Rural Development” in its place.
§ 1924.271
[Amended]
126. Amend § 1924.271 by removing “to FmHA or its successor agency under Public Law 103-354” and adding “to Rural Development” in its place and by removing “(available in any FmHA or its successor agency under Public Law 103-354 office)”.
§ 1924.273
[Amended]
127. Amend § 1924.273 by removing “(available in any FmHA or its successor agency under Public Law 103-354 office)”.
PART 1925—TAXES
128. The authority citation for part 1925 continues to read as follows:
Authority:
5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.
Subpart C—Planning and Performing Site Development Work
§ 1925.2
[Amended]
129. Amend § 1925.2 by removing “Farmers Home Administration (FmHA) or its successor agency under Public Law 103-354” and adding “Agency” in its place.
§ 1925.3
[Amended]
130. Amend § 1925.3(c) by removing “FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place.
§ 1925.4
[Amended]
131. Amend § 1925.4 by:
a. In paragraph (a), removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Agency” in its place; and
b. In paragraph (b), removing “FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place.
PART 1927—TITLE CLEARANCE AND LOAN CLOSING
132. The authority citation for part 1927 continues to read as follows:
Authority:
5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.
Subpart B—Real Estate Title Clearance and Loan Closing
§ 1927.52
[Amended]
133. Amend § 1927.52 by removing the definition of “FSA” and revising the definitions of “Agency”, “National Office”, “RHS”, and “State Office” to read as follows:
§ 1927.52
Definitions.
Agency.
The Rural Housing Service (RHS) or its successor agency.
National Office.
The National Headquarters Office of RHS.
RHS.
The Rural Housing Service, an agency of the United States Department of Agriculture, or its successor agency.
State Office.
This term refers to the Rural Development State Director.
PART 1940—GENERAL
134. 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 I—Truth in Lending-Real Estate Settlement Procedures
§ 1940.401
[Amended]
135. Amend § 1940.401 by:
a. Removing “Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place; and
b. In paragraph (d)(4)(iii), removing “by FmHA or its successor agency under Public Law 103-354 to the FmHA or its successor agency under Public Law 103-354 County Office” and adding “by Rural Development to the Rural Development County Office” in its place.
§ 1940.406
[Amended]
136. Amend § 1940.406 by removing “Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place.
Subpart L—Methodology and Formulas for Allocation of Loan and Grant Program Funds
§ 1940.551
[Amended]
137. Amend § 1940.551 by:
a. In paragraph (a), removing “Administrator of the Farmers Home Administration (FmHA) or its successor agency under Public Law 103-354” and adding “Administrator for the Rural Business-Cooperative Service or the Administrator for the Rural Housing Service, as applicable,” in its place; and
b. In paragraph (c), removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Rural Development” in its place.
§§ 1940.552, 1940.557, 1940.578, and 1940.585
[Amended]
138. Amend §§ 1940.552(e), 1940.577(b)(2), 1940.578(k), and 1940.585(g) by removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Rural Development” in its place.
139. Revise § 1940.560(b)(3) to read as follows:
§ 1940.560
Guaranteed Rural Rental Housing Program.
(b) * * *
(3) State's percentage of National average cost per unit. The data source for the criterion specified in paragraph (b)(1) of this section is the most recent decennial Census of the United States (decennial Census). The data source for the criterion specified in paragraph (b)(2) of this section is 5-year income data from the American Community Survey (ACS) or, if needed, other Census Bureau data. The data source for the criterion specified in paragraph (b)(3) of this section is the cost per unit data using the applicable maximum per unit dollar amount limitations under section 207(c) of the National Housing Act, which can be obtained from the Department of Housing and Urban Development. The percentage representing each criterion is multiplied by the weight assigned and totaled to arrive at a State factor.
State Factor = (criterion No. 1 × weight of 40%) + (criterion No. 1 × weight of 40%) + (criterion No. 1 × weight of 20%)
140. In § 1940.563, revise paragraph (b)(4) and add paragraph (b)(5) to read as follows:
§ 1940.563
Section 502 non-subsidized guaranteed Rural Housing (RH) loans.
(b) * * *
(4) State's percentage of the national number of rural renter households paying more than 35 percent of income for rent. The data source for each criterion is specified in paragraph (b)(5) of this section. Each criterion is assigned a specific weight according to its relevance in determining need. The percentage representing each criterion is multiplied by the weight factor and summed to arrive at a basic State factor (SF) as follows:
SF = (criterion 1 × weight of 30%) + (criterion 2 × weight of 10%) + (criterion 3 × weight of 30%) + (criterion 4 × weight of 30%)
(5) The data source for the criteria specified in paragraphs (b)(1) and (b)(2) of this section is the most recent decennial Census. The data source for the criteria specified in paragraph (b)(3) and (b)(4) of this section is 5-year income data from the American
Community Survey (ACS) or, if needed, other Census Bureau data.
141. In § 1940.564, revise paragraph (b)(4) and add paragraph (b)(5) to read as follows:
§ 1940.564
Section 502 subsidized guaranteed Rural Housing loans.
(b) * * *
(4) State's percentage of the national number of rural renter households paying more than 35 percent of income for rent. The data source for each criterion is specified in paragraph (b)(5) of this section. Each criterion is assigned a specific weight according to its relevance in determining need. The percentage representing each criterion is multiplied by the weight factor and summed to arrive at a basic State factor (SF) as follows:
SF = (criterion 1 × weight of 30%) + (criterion 2 × weight of 10%) + (criterion 3 × weight of 30%) + (criterion 4 × weight of 30%)
(5) The data source for the criteria specified in paragraphs (b)(1), (b)(2), and (b)(4) of this section is the most recent decennial Census. The data source for the criterion specified in paragraph (b)(3) of this section is 5-year income data from the American Community Survey (ACS) or, if needed, other Census Bureau data.
142. Revise § 1940.566(b)(2) to read as follows:
§ 1940.566
Section 504 Housing Repair loans.
(b) * * *
(2) State's percentage of the National number of rural households below 50 percent of area median income. The data source for the first criterion is the most recent decennial Census data. The data source for the second criterion is 5-year income data from the American Community Survey (ACS) or, if needed, other Census Bureau data. Each criterion is assigned a specific weight according to its relevance in determining need. The percentage representing each criterion is multiplied by the weight factor and summed to arrive at a basic State factor (SF).
SF = (criterion No. 1 × weight of 50%) + (criterion No. 2 × weight of 50%)
143. Revise § 1940.567(b)(3) to read as follows:
§ 1940.567
Section 504 Housing Repair grants.
(b) * * *
(3) State's percentage of the National number of rural households below 50 percent of area median income. The data source for the first two of these criteria is the most recent decennial Census data. The data source for the third criterion is the 5-year data from the American Community Survey (ACS) or, if needed, other Census Bureau data. Each criterion is assigned a specific weight according to its relevance in determining need. The percentage representing each criterion is multiplied by the weight factor and summed to arrive at a basic State factor (SF).
SF = (criterion No. 1 × weight of 33 1/3%) + (criterion No. 2 × weight of 33 1/3%) + (criterion No. 3 × weight of 33 1/3%)
144. Revise § 1940.575(b)(3) to read as follows:
§ 1940.575
Section 515 Rural Rental Housing (RRH) loans.
(b) * * *
(3) State's percentage of National rural families with incomes below the poverty level. The data source for the first two of these criterion is the most recent decennial Census data. The data source for the third criterion is the 5-year data from the American Community Survey (ACS) or, if needed, other Census Bureau data. Each criterion is assigned a specific weight according to its relevance in determining need. The percentage representing each criterion is multiplied by the weight assigned and summed to arrive at a State factor (SF).
SF = (criterion No. 1 × weight of 33 1/3%) + (criterion No. 2 × weight of 33 1/3%) + (criterion No. 3 × weight of 33 1/3%)
145. Revise § 1940.585(b)(2) to read as follows:
§ 1940.585
Community Facility loans.
(b) * * *
(2) The data source for the first criterion is the most recent decennial Census data. The data source for the second criterion is the 5-year data from the American Community Survey (ACS) or, if needed, other Census Bureau data. The data source for the third criterion is the most recent Bureau of Labor Statistics data. Each criterion is assigned a specific weight according to its relevance in determining need. The percentage representing each criterion is multiplied by the weight factor and summed to arrive at a State factor (SF). The SF cannot exceed 0.05.
SF = (criterion (b)(1)(i) × 50 percent) + (criterion (b)(1)(ii) × 25 percent) + (criterion (b)(1)(iii) × 25 percent)
146. Amend § 1940.591 by:
a. Revising paragraph (b)(2); and
b. In paragraph (g), removing “(available in any FmHA or its successor agency under Public Law 103-354 office).”
The revision reads as follows:
§ 1940.591
Community Program Guaranteed loans.
(b) * * *
(2) The data source for the first criterion is the most recent decennial Census data. The data source for the second criterion is the 5-year data from the American Community Survey (ACS) or, if needed, other Census Bureau data. The data source for the third criterion is the most recent Bureau of Labor Statistics data. Each criterion is assigned a specific weight according to its relevance in determining need. The percentage representing each criterion is multiplied by the weight factor and summed to arrive at a State factor (SF). The SF cannot exceed 0.05.
SF = (criterion (b)(1)(i) × 50 percent) + (criterion (b)(1)(ii) × 25 percent) + (criterion (b)(1)(iii) × 25 percent)
147. Revise § 1940.592(b)(2) to read as follows:
§ 1940.592
Community facilities grants.
(b) * * *
(2) The data source for the first criterion is the most recent decennial Census data. The data source for the second criterion is the 5-year data from the American Community Survey (ACS) or, if needed, other Census Bureau data. Each criterion is assigned a specific weight according to its relevance in determining need. The percentage representing each criterion is multiplied by the weight factor and summed to arrive at a State factor (SF).
SF (criterion (b)(1)(i) × 50 percent) + (criterion (b)(1)(ii) × 50 percent)
Subpart T—System for Delivery of Certain Rural Development Programs
§ 1940.951
[Amended]
148. Amend § 1940.951 by:
a. In the introductory text, removing “Farmers Home Administration (FmHA) or its successor agency under Public Law 103-354” and adding “Rural Development” in its place; and
b. In paragraph (d), removing “FmHA or its successor agency under Public
Law 103-354” and adding “Rural Development” in its place.
§ 1940.953
[Amended]
149. Amend § 1940.953 by:
a. In the definition of `Administrator', removing “FmHA or its successor agency under Public Law 103-354” and adding “Rural Business—Cooperative Service, Rural Housing Service, or Rural Utilities Service” in its place; and
b. In the defintion of `State Director', removing “FmHA or its successor agency under Public Law 103-354” and adding “Rural Development” in its place.
§§ 1940.956, 1940.957, 1940.960, and 1940.969
[Amended]
150. Remove “FmHA or its successor agency under Public Law 103-354” wherever it occurs and add “Rural Development” in its place in the following places:
a. Section 1940.956;
b. Section 1940.957(d);
c. Section 1940.960(a); and
d. Section 1940.969.
§ 1940.961
[Amended]
151. Amend § 1940.961 by:
a. In paragraph (a)(1), removing “FmHA Instruction” and adding “RD Instruction” in its place and removing “FmHA or its successor agency under Public Law 103-354 State” and adding “RD State” in its place;
b. In paragraph (a)(2), removing “FmHA or its successor agency under Public Law 103-354” and adding “Rural Development” in its place; and
c. In paragraph (d)(1), removing “FmHA Instruction” and adding “RD Instruction” in its place.
§ 1940.965
[Amended]
152. Amend § 1940.965 by removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Rural Development” in its place.
§ 1940.968
[Amended]
153. Amend § 1940.968 by:
a. In paragraph (a), removing “FmHA or its successor agency under Public Law 103-354's” and adding “Rural Development's” in its place;
b. In paragraphs (c) and (d), removing “FmHA or its successor agency under Public Law 103-354” and adding “Rural Development” in its place;
c. In paragraph (h)(4), removing “FmHA Instruction” and adding “RD Instruction” in its place and removing “FmHA or its successor agency under Public Law 103-354 office” and adding “Rural Development office” in its place;
d. In paragraph (i)(2)(vii), removing “FmHA or its successor agency under Public Law 103-354” and adding “Rural Development” in its place;
e. In paragraph (i)(3)(i), removing “FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place;
f. In paragraph (i)(3)(ii), removing “FmHA or its successor agency under Public Law 103-354” and adding “Rural Development” in its place;
g. In paragraph (i)(3)(iii), removing “FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place;
h. In paragraph (i)(3)(iv), removing “FmHA Instruction” and adding “RD Instruction” in its place and removing “FmHA or its successor agency under Public Law 103-354 office” and adding “Rural Development office” in its place;
i. In paragraph (j)(2):
i. Removing “Exhibit A (available from any FmHA or its successor agency under Public Law 103-354RD State Office), shall be attached to and become a permanent part of Form FmHA or its successor agency under Public Law 103-354 1940-A and the following paragraphs will appear in the comment section of that form:” and adding “Exhibit A of this subpart (available from any Rural Development State Office) shall be attached to and become a permanent part of Form RD 1940-1 and the following paragraphs will appear in the comment section of that form:” in its place;
ii. Removing “FmHA or its successor agency under Public Law 103-354 7 CFR part 1940” and adding “7 CFR part 1940” in its place; and
iii. Removing “approved by FmHA or its successor agency under Public Law 103-354” and adding “approved by Rural Development” in its place;
j. In paragraph (j)(4), removing “Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place and removing “FmHA or its successor agency under Public Law 103-354 will retain” and adding “Rural Development will retain” in its place;
k. In paragraph (j)(6), removing “FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place; and
l. In paragraphs (j)(7) and (l), removing “FmHA or its successor agency under Public Law 103-354” and adding “Rural Development” in its place.
PART 1942—ASSOCIATIONS
154. 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 Loan
§ 1942.1
[Amended]
155. Amend § 1942.1 by:
a. In paragraph (b), removing “FmHA or its successor agency under Public Law 103-354's” and adding “Agency's” in its place;
b. In paragraph (c), removing “FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place; and
c. In pragraph (d), removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Agency” in its place.
§ 1942.2
[Amended]
156. Amend § 1942.2:
a. In paragraph (a)(1), removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “RD's” in its place;
b. In paragraph (a)(2)(iv), removing “by FmHA or its successor agency under Public Law 103-354” and adding “by RD” in its place;
c. In paragraph (a)(3), removing “FmHA or its successor agency under Public Law 103-354 funding” and adding “Agency funding” in its place and removing “FmHA or its successor agency under Public Law 103-354 will issue” and adding “the Agency will issue” in its place;
d. In paragraph (a)(4), removing “FmHA or its successor agency under Public Law 103-354” and “Farmers Home Administration (FmHA) or its successor agency under Public Law 103-354” and adding “Rural Development” in their place;
e. In paragraph (c)(3), removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “RD” in its place; and
f. In paragraphs (d) and (e), removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Rural Development” in its place.
§ 1942.3
[Amended]
157. Amend § 1942.3 by:
a. Removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place;
b. Removing “422-10” and adding “442-10” in its place; and
c. Removing “by the FmHA or its successor agency under Public Law 103-354” and adding “by the RD” in its place.
§ 1942.5
[Amended]
158. Amend § 1942.5 by:
a. In paragraph (a) introductory text, removing “Ordinarily FmHA or its
successor agency under Public Law 103-354” and adding “The Rural Development” in its place and removing “by the FmHA or its successor agency under Public Law 103-354” and adding “by the Rural Development” in its place;
b. In paragraph (a)(1)(i), removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “RD” in its place and removing “(Public Resolution)” and adding “(Public Bodies)” in its place;
c. In paragraph (a)(1)(ii):
i. Removing “approved by FmHA or its successor agency under Public Law 103-354 by written” and adding “approved by written” in its place;
ii. Removing “approved by FmHA or its successor agency under Public Law 103-354 shall” and adding “approved by RD shall” in its place;
iii. Removing “If FmHA or its successor agency under Public Law 103-354 makes the loan” and adding “If (insert agency name) makes the loan” in its place;
iv. Removing “Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place;
v. Removing “submitted to FmHA or its successor agency under Public Law 103-354” and adding “submitted to RD” in its place; and
vi. Removing “FmHA or its successor agency under Public Law 103-354 reserves” and adding “Rural Development reserves” in its place;
d. In paragraphs (b)(1)(ii)(E) and (c)(2), removing “FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place;
e. In paragraph (d) introductory text, removing “FmHA or its successor agency under Public Law 103-354 office” and adding “Rural Development office” in its place and removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place;
f. In paragraphs (d)(1) and (d)(2), removing “Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place;
g. In paragraph (d)(3), removing “FmHA or its successor agency under Public Law 103-354 Field Office terminal” and adding “automated terminal” in its place and removing “Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place;
h. In paragraph (d)(5):
i. Removing “FmHA or its successor agency under Public Law 103-354 Field” and adding “Rural Development Field” in its place;
ii. Removing “the Legislative Affairs and Public Information Staff in the National Office” and adding “the Legislative and Public Affairs Staff in the Rural Development National Office” in its place; and
iii. Removing “FmHA Instruction” and adding “RD Instruction” in its place;
i. In paragraph (d)(6), removing “Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place;
j. In paragraph (d)(7) introductory text, removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place and removing “FmHA or its successor agency under Public Law 103-354 Field” and adding “Rural Development Field” in its place; and
k. In paragraph (d)(7)(iii), removing “FmHA or its successor agency under Public Law 103-354” and adding “Rural Development” in its place.
§ 1942.6
[Amended]
159. Amend § 1942.6 by removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Rural Development” in its place.
§ 1942.8
[Amended]
160. Amend § 1942.8:
a. In paragraph (d), removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place;
b. In paragraph (g), removing “review of FmHA or its successor agency under Public Law 103-354's” and adding “review of Rural Developments's” in its place; and
c. In paragraph (h), removing “FmHA or its successor agency under Public Law 103-354 personnel” and adding “Rural Development personnel” in its place and removing “FmHA or its successor agency under Public Law 103-354 Instruction” and adding “RD Instruction” in its place.
§ 1942.16
[Amended]
161. Amend § 1942.16 introductory text by removing “FmHA Instruction” and adding “RD Instruction” in its place and removing “FmHA or its successor agency under Public Law 103-354 office” and adding “Rural Development office” in its place.
§ 1942.17
[Amended]
162. Amend § 1942.17 by:
a. Removing “FmHA or its successor agency under Public Law 103-354” and adding “Rural Development” in its place wherever it occurs in the following places:
i. Paragraph (a);
ii. Paragraphs (b)(2)(i), (b)(3), and (b)(4);
iii. Paragraphs (c)(1), (c)(2) introductory text, and (c)(2)(iv) introductory text;
iv. Paragraphs (d)(1)(iv)(B), (d)(1)(iv)(G) introductory text, (d)(1)(iv)(G)(
2
)(
ii
), (d)(1)(v) introductory text, (d)(1)(v)(C), and (d)(1)(v)(D);
v. Paragraphs (e)(1) introductory text, (e)(1)(ii), and (e)(4);
vi. Paragraph (f)(6);
vii. Paragraph (f)(7) introductory text and (f)(7)(i)(D);
viii. Paragraph (g) introductory text;
ix. Paragraphs (h) introductory text, (h)(1)(ii)(B), (h)(2)(ii)(A)(
2
), (h)(2)(ii)(B), (h)(2)(iii) introductory text, (h)(2)(iii)(C), and (h)(3) introductory text;
x. Paragraphs (j)(3)(i)(A) through (D), (j)(3)(ii)(A), (j)(4) introductory text, (j)(4)(iii)(C), (j)(5), (j)(7), (j)(9), (j)(10)(ii), (j)(10)(iv), and (j)(11);
xi. Paragraphs (k) introductory text, (k)(1)(iv), (k)(4), and (k)(5);
xii. Paragraphs (m)(3) through (m)(6);
xiii. Paragraphs (n)(1), (n)(2)(xiii), (n)(3)(ii), and (n)(6);
xiv. Paragraph (o)(3);
xv. Paragraphs (p)(2) introductory text, (p)(2)(iii), and (p)(3)(i) through (iii);
b. Revising paragraphs (b)(1)(i)(A), (b)(1)(i)(B), (b)(2)(iii), and (b)(2)(iv);
c. In paragraph (b)(5), removing in the paragraph heading “FmHA or its successor agency under Public Law 103-354”; and removing “FmHA or its successor agency under Public Law 103-354 shall” and adding “The Government shall” in its place;
d. In paragraph (c)(2)(iii)(E), removing “FmHA or its successor agency under Public Law 103-354 funds” and adding “Rural Devleopment funds” in its place and removing “between FmHA or its successor agency under Public Law 103-354's” and adding “between Rural Development's” in its place;
e. In paragraph (d)(1)(v)(E):
i. Removing “FmHA or its successor agency under Public Law 103-354 may” and adding “Rural Development may” in its place;
ii. Removing “FmHA or its successor agency under Public Law 103-354's authorization” and adding “Rural Development's authorization” in its place;
iii. Removing “FmHA or its successor agency under Public Law 103-354 authorization” and adding “Rural Development authorization” in its place; and
iv. Removing “FmHA or its successor agency under Public Law 103-354 approval” and adding “Rural Development approval” in its place;
f. In paragraph (f)(5), removing “FmHA Instruction” and adding “RD Instruction” in its place and removing “FmHA or its successor agency under Public Law 103-354 office” and adding “Rural Development office” in its place;
g. In paragraph (f)(6), revising the third, fourth, and fifth sentences;
h. In paragraphs (g)(1) introductory text and (g)(1)(i), removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “the United States” in its place;
i. In paragraph (g)(1)(ii) introductory text:
i. Removing “acceptable to FmHA or its successor agency under Public Law 103-354” and adding “acceptable to the United States” in its place;
ii. Removing “FmHA or its successor agency under Public Law 103-354 portion” and adding “United States portion” in its place;
iii. Removing “include FmHA or its successor agency under Public Law 103-354” and adding “include United States” in its place;
iv. Removing “the FmHA or its successor agency under Public Law 103-354 State Director” and adding “the State Director” in its place; and
v. Removing “FmHA or its successor agency under Public Law 103-354 must” and adding “The United States must” in its place;
j. In paragraph (g)(1)(iv), removing “FmHA or its successor agency under Public Law 103-354”;
k. In paragraph (g)(2)(iii)(A)(
7
):
i. Removing “Farmers Home Adminstration or its successor agency under Public Law 103-354” and adding “Rural Development” in its place;
ii. Removing “FmHA Instruction” and adding “RD Instruction” in its place; and
iii. Removing “FmHA or its successor agency under Public Law 103-354 office” and adding “Rural Development office” in its place;
l. In paragraph (g)(3)(i) introductory text, removing “FmHA or its successor agency under Public Law 103-354” and adding “Rural Development” in its place;
m. In paragraphs (g)(3)(i)(B) and (D), removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “the United States” in its place;
n. In paragraph (g)(3)(iii)(A)(
3
):
i. Removing “Farmers Home Adminstration or its successor agency under Public Law 103-354” and adding “Rural Development” in its place;
ii. Removing “FmHA Instruction” and adding “RD Instruction” in its place; and
iii. Removing “FmHA or its successor agency under Public Law 103-354 office” and adding “Rural Development office” in its place;
o. In paragraph (h)(2)(i)(B)(
2
), removing “the Farmers Home Administration or its successor agency under Public Law 103-354” and adding “Rural Development” in its place;
p. In paragraph (j)(3) introductory text, removing “FmHA or its successor agency under Public Law 103-354's” and adding “RD's” in its place;
q. In paragraph (j)(3)(ii)(B):
i. Removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place;
ii. Removing “acceptable to FmHA or its successor agency under Public Law 103-354” and adding “acceptable to Rural Development” in its place; and
iii. Removing “determined by FmHA or its successor agency under Public Law 103-354” and adding “determined by Rural Development” in its place;
r. Revising paragraph (j)(3)(iii);
s. In paragraph (j)(4)(i) introductory text, removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “RD” in its place;
t. In paragraph (j)(4)(i)(A), removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place and removing “give FmHA or its successor agency under Public Law 103-354” and adding “give Rural Development” in its place;
u. In paragraph (j)(4)(i)(B) introductory text, removing “Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place and removing “by FmHA or its successor agency under Public Law 103-354” and adding “by Rural Development” in its place;
v. In paragraph (j)(4)(i)(B)(
1
), removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Rural Development” in its place and removing “FmHA or its successor agency under Public Law 103-354's” and adding “Rural Development's” in its place;
w. In paragraph (j)(6)(i), removing “FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place;
x. In paragraph (k)(7), removing “FmHA or its successor agency under Public Law 103-354 financial” and adding “Agency financial” in its place and removing “The FmHA or its successor agency under Public Law 103-354 State Director” and adding “The State Director” in its place;
y. In paragraph (k)(8), removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
z. In paragraph (l)(1):
i. Removing “FmHA or its successor agency under Public Law 103-354 concurrence” and adding “Agency concurrence” in its place;
ii. Removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place;
iii. Removing “FmHA or its successor agency under Public Law 103-354/EPA” and adding “Agency/EPA” in its place; and
iv. Removing “FmHA or its successor agency under Public Law 103-354 and EPA” and adding “RD and EPA” in its place;
aa. In paragraph (l)(3), removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place;
bb. In paragraphs (l)(4) and (m)(1), removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;
cc. In paragraph (m)(2):
i. Removing “FmHA or its successor agency under Public Law 103-354 will tentatively” and adding “RD will tentatively” in its place;
ii. Removing “FmHA or its successor agency under Public Law 103-354 loan” and adding “agency loan” in its place;
iii. Removing “from FmHA or its successor agency under Public Law 103-354” and adding “from Rural Development” in its place;
iv. Removing “where FmHA or its successor agency under Public Law 103-354” and adding “where Rural Development” in its place;
v. Removing “FmHA or its successor agency under Public Law 103-354 will notify” and adding “Rural Development will notify” in its place; and
vi. Removing “FmHA or its successor agency under Public Law 103-354 loans” and adding “Rural Development loans” in its place;
dd. In paragraph (n)(2) introductory text, removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “RD” in its place;
ee. In paragraph (n)(2)(vii), removing “FmHA or its successor agency under Public Law 103-354's” and adding “Rural Development's” in its place;
ff. In paragraph (n)(2)(x), removing “FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “RD” in its place;
gg. In paragraph (n)(3) introductory text:
i. Removing “FmHA or its successor agency under Public Law 103-354 funds” and adding “Rural Development funds” in its place;
ii. Removing “FmHA or its successor agency under Public Law 103-354's commitment” and adding “Rural Development's commitment” in its place;
iii. Removing “FmHA or its successor agency under Public Law 103-354 loan” and adding “Rural Development loan” in its place;
iv. Removing “When an FmHA or its successor agency under Public Law 103-354” and adding “When a Rural Development” in its place; and
v. Removing “provide FmHA or its successor agency under Public Law 103-354” and adding “provide Rural Development” in its place;
hh. In paragraph (p)(2)(ii), removing “FmHA or its successor agency under Public La
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