# Rural Development Guaranteed Loans

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3AE9-4839

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** March 6, 2009
- **Citation:** 74 FR 9759

## Text

[Federal Register Volume 74, Number 43 (Friday, March 6, 2009)]
[Rules and Regulations]
[Page 9759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4839]

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  Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Rules
and Regulations  

[[Page 9759]]

DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1779

Rural Housing Service

7 CFR Part 3575

Rural Business--Cooperative Service

Rural Utilities Service

7 CFR Parts 4279 and 4280

Rural Business--Cooperative Service

Rural Housing Service

Rural Utilities Service

7 CFR Part 5001

[FR Doc. E9-3092]
RIN 0570-AA65

Rural Development Guaranteed Loans

AGENCIES: Rural Business--Cooperative Service, Rural Housing Service,
Rural Utilities Service, USDA.

ACTION: Interim rule; delay of the effective date.

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SUMMARY: Rural Development is further delaying the effective date of
the interim rule for Rural Development Guaranteed Loans, which was
published on December 17, 2008, to June 1, 2009. The interim rule
establishes a unified guaranteed loan platform for the enhanced
delivery of four existing Rural Development guaranteed loan programs--
Community Facility; Water and Waste Disposal; Business and Industry;
and Rural Energy for America Program, formerly known as Renewable
Energy Systems and Energy Efficiency Improvement Projects.

DATES: The effective date of the interim rule, which was published on
December 17, 2008 [73 FR 76698], delayed until February 17, 2008 [74 FR
2823], delayed until March 9, 2009 [74 FR 7179], is further delayed
until June 1, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Foore, Rural Development,
Business and Cooperative Programs, U.S. Department of Agriculture, 1400
Independence Avenue, SW., Stop 3201, Washington, DC 20250-3201; e-mail:
[email protected]; telephone (202) 690-4730.

SUPPLEMENTARY INFORMATION: On January 16, 2009, Rural Development
delayed the original effective date of the interim rule from January
16, 2009, to February 17, 2009, because there was insufficient time to
correct a technical error in the interim rule before the interim rule
became effective on January 16, 2009.
Subsequently, Rural Development again delayed the effective date of
the interim rule from February 17, 2009, to March 9, 2009 [74 FR 7179,
February 13, 2009] allowing for public comments to extend the effective
date to June 1, 2009. As stated in the Federal Register, Rural
Development identified several administrative actions, including
providing the best guidance to its field staff on the interim rule, it
believed were necessary to occur prior to the February 17, 2009,
effective date in order to ensure the successful implementation of the
interim rule. Consequently, Rural Development determined that it was
necessary to extend the effective date to June 1, 2009, in order to
provide Rural Development the necessary time to implement these
administrative actions.
As noted in the February 13, 2009, Federal Register, Rural
Development made this change to the effective date, as is provided for
under the Administrative Procedures Act (5 U.S.C. 553(b)(3)(B)),
because:
1. Implementing the interim rule on February 17, 2009, would have
created substantial legal and operation risks to the affected programs
because the rule contains certain flaws that must be corrected and
would not have provided the Agency sufficient time to properly train
field staff and make changes to IT systems critical to the
implementation of these programs. These actions could not have been
completed by February 17, 2009.
2. The two week extension would allow the public a reasonable
opportunity to comment on this proposed extension of the effective date
to June 1, 2009, and the Agency to consider such comments before making
the decision to make such extension.
3. Extending the effective date to June 1, 2009, allows the Agency
to finish the 60-day review described in the January 20, 2009, memo
from the Assistant to the President and Chief of Staff, entitled
``Regulatory Review.''
The public comment period on the Agency's proposed June 1, 2009,
effective date closed on February 20, 2009. The Agency received three
comment letters on the proposed extension of the effective date. None
of the commenters suggested that the interim rule become effective
prior to June 1, 2009. Two of the three commenters also submitted
comments during the public comment period on the interim rule. Because
the comments submitted by these commenters, address issues that are
very similar to those included in comments submitted during the public
comment period for the interim rule, the Agency will consider these
issues when it considers the comments on the interim rule. Therefore,
the effective of the interim rule is extended to June 1, 2009.

Dated: March 3, 2009.
William F. Hagy III,
Acting Deputy Under Secretary, Rural Development.
[FR Doc. E9-4839 Filed 3-5-09; 8:45 am]
BILLING CODE 3410-XY-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE9-4839. Public record. Not legal advice.
