Housing Application Packaging Grants, 7650-7651 [05-2903]

Download as PDF 7650 Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Rules and Regulations to meet primary market needs. Further, the Board, at a later date, can recommend a release of the reserve to provide more tart cherries to satisfy market needs as may be necessary. Accordingly, no changes will be made to the rule as proposed, based on the comment received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: https://www.ams.usda.gov/ fv/moab/html. Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant matter presented, including the information and recommendation submitted by the Board, and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. It is further found that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register (5 U.S.C. 553) because handlers are already shipping cherries from the 2004–2005 crop. Further, handlers are aware of this rule, which was recommended at a public meeting. Also, a thirty-day comment period was provided for in the proposed rule, and the comment received has been addressed herein. List of Subjects in 7 CFR Part 930 Marketing agreements, Reporting and recordkeeping requirements, Tart cherries. I For the reasons set forth in the preamble, 7 CFR part 930 is amended as follows: PART 930—TART CHERRIES GROWN IN THE STATES OF MICHIGAN, NEW YORK, PENNSYLVANIA, OREGON, UTAH, WASHINGTON, AND WISCONSIN 1. The authority citation for 7 CFR part 930 continues to read as follows: I Authority: 7 U.S.C. 601–674. 2. Section 930.254 is added to read as follows: I Note: This section will not appear in the annual Code of Federal Regulations. § 930.254 Final free and restricted percentages for the 2004–2005 crop year. The final percentages for tart cherries handled by handlers during the crop year beginning on July 1, 2004, which shall be free and restricted, respectively, are designated as follows: Free VerDate jul<14>2003 14:53 Feb 14, 2005 Jkt 205001 percentage, 72 percent and restricted percentage, 28 percent. Dated: February 8, 2005. Kenneth C. Clayton, Acting Administrator, Agricultural Marketing Service. [FR Doc. 05–2879 Filed 2–14–05; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF AGRICULTURE Rural Housing Service 7 CFR Part 1944 Housing Application Packaging Grants Rural Housing Service, USDA. Final rule. AGENCY: ACTION: SUMMARY: The Agency is revising its internal Housing Application Packaging Grants regulation in order to correct an erroneous reference to the debarment and suspension regulation. This action is necessary since the existing regulation does not accurately reflect the current information. The intended effect is to remove the incorrect reference to the regulation. DATES: Effective Date: This rule is effective February 15, 2005. FOR FURTHER INFORMATION CONTACT: Thomas P. Dickson, Program Analyst, Program Support Staff, Rural Development, Room 6900 South Building, Stop 0761, 1400 Independence Ave., SW., Washington, DC 20250–1570. Telephone: (202) 690– 4492, FAX: (202) 690–4335, e-mail: thomas.dickson@usda.gov. SUPPLEMENTARY INFORMATION: Classification This action is not subject to the provisions of Executive Order 12866 since it involves only internal Agency management. This action is not published for prior notice and comment under the Administrative Procedure Act since it involves only internal Agency management and publication for comment is unnecessary and contrary to the public interest. Program Affected The program affected is listed in catalog of Federal Domestic Assistance under 10.442—Housing Application Packaging Grants. Intergovernmental Consultation Programs with Catalog of Federal Domestic Assistance the number 10.442 are not subject to the provisions of Executive Order 12372. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Civil Justice Reform This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. In accordance with this rule: (1) Unless otherwise specifically provided, 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 this rule except as specifically prescribed in the rule; and (3) administrative Division (7 CFR part 11) must be exhausted before litigation against the Department is instituted. Paperwork Reduction Act The information collection requirements contained in this rule have been approved by the Office of Management and Budget (OMB) under the provisions of 44 U.S.C. chapter 35 and were assigned OMB control number 0575–0157 in accordance with the Paperwork Reduction Act of 1995. No person is required to respond to a collection of information unless it displays a valid OMB control number. This rule does not impose any new information collection requirements from those approved by OMB. Regulatory Flexibility Act The Administrator of the Rural Housing Service has determined that this rule will not have a significant economic impact on a substantial number of small entities as defined in the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). New provisions included in this rule will not impact a substantial number of small entities to a greater extent than large entities. Therefore, a regulatory flexibility analysis was not performed. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104–4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, the Agencies generally must prepare a written statement, including a cost benefit analysis, for proposed and final rules with ‘‘Federal mandates’’ that may result in expenditures to State, local, or tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. When such a statement is needed for a rule, section 205 of the UMRA generally requires the agencies to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, more cost-effective, or least burdensome alternative that achieves the objectives of the rule. This rule contains no E:\FR\FM\15FER1.SGM 15FER1 Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Rules and Regulations Federal mandates (under the regulatory provisions of title II of the UMRA) for State, local, and tribal governments or the private sector. Thus, the rule is not subject to the requirements of section 202 and 205 of the UMRA. Environmental Impact Statement This document has been reviewed in accordance with 7 CFR part 1940, subpart G, ‘‘Environmental Program.’’ The Agencies have determined that this final action does not constitute a major Federal action significantly affecting the quality of human environment, and in accordance with the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., an Environmental Impact Statement is not required. 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 the States is not required. Background In November 2003, the Federal Register published a Final Rule that implemented changes to the governmentwide nonprocurment debarment and suspension common rule (NCR) and the associated rule on drug-free workplace requirements. The NCR set forth the common policies and procedures that Federal Executive branch agencies must use in taking suspension or debarment actions. It also established procedures for participants and Federal agencies in entering covered transactions. Following the procedures set forth in the NCR will help ensure that the agency action complies with due process standards and provides the public with uniform procedures. List of Subjects in 7 CFR Part 1944 Administrative practice and procedure, Grant programs, Housing and community development, Loan Programs, Migrant labor, Nonprofit organizations, Reporting requirements, Rural Housing. For the reasons set forth in the summary, chapter XVIII, title 7, Code of Federal Regulations is amended as follows: I VerDate jul<14>2003 16:11 Feb 14, 2005 Jkt 205001 PART 1944—HOUSING 1. The authority citation for part 3550 continues to read as follows: I Authority: 5 U.S.C. 301; 42 U.S.C. 1480. Subpart B—Housing Application Packaging Grants 2. Section 1944.74 is revised to read as follows: I § 1944.74 Debarment or Suspension. Certified packagers whose actions or acts warrant they not be allowed to participate in the program are to be investigated in accordance with agency procedures (available in any Rural Development office). Dated: January 18, 2005. Russell T. Davis, Administrator, Rural Housing Service. [FR Doc. 05–2903 Filed 2–14–05; 8:45 am] BILLING CODE 3410–XV–P PENSION BENEFIT GUARANTY CORPORATION 29 CFR Parts 4022 and 4044 Benefits Payable in Terminated SingleEmployer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits Pension Benefit Guaranty Corporation. ACTION: Final rule. AGENCY: SUMMARY: The Pension Benefit Guaranty Corporation’s regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans prescribe interest assumptions for valuing and paying benefits under terminating singleemployer plans. This final rule amends the regulations to adopt interest assumptions for plans with valuation dates in March 2005. Interest assumptions are also published on the PBGC’s Web site (https://www.pbgc.gov). EFFECTIVE DATE: March 1, 2005. FOR FURTHER INFORMATION CONTACT: Catherine B. Klion, Attorney, Legislative and Regulatory Department, Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005, 202–326–4024. (TTY/TDD users may call the Federal relay service toll-free at 1–800–877–8339 and ask to be connected to 202–326–4024.) SUPPLEMENTARY INFORMATION: The PBGC’s regulations prescribe actuarial assumptions—including interest assumptions—for valuing and paying plan benefits of terminating single- PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 7651 employer plans covered by title IV of the Employee Retirement Income Security Act of 1974. The interest assumptions are intended to reflect current conditions in the financial and annuity markets. Three sets of interest assumptions are prescribed: (1) A set for the valuation of benefits for allocation purposes under section 4044 (found in Appendix B to part 4044), (2) a set for the PBGC to use to determine whether a benefit is payable as a lump sum and to determine lump-sum amounts to be paid by the PBGC (found in Appendix B to part 4022), and (3) a set for private-sector pension practitioners to refer to if they wish to use lump-sum interest rates determined using the PBGC’s historical methodology (found in Appendix C to part 4022). Accordingly, this amendment (1) adds to Appendix B to part 4044 the interest assumptions for valuing benefits for allocation purposes in plans with valuation dates during March 2005, (2) adds to Appendix B to part 4022 the interest assumptions for the PBGC to use for its own lump-sum payments in plans with valuation dates during March 2005, and (3) adds to Appendix C to part 4022 the interest assumptions for private-sector pension practitioners to refer to if they wish to use lump-sum interest rates determined using the PBGC’s historical methodology for valuation dates during March 2005. For valuation of benefits for allocation purposes, the interest assumptions that the PBGC will use (set forth in Appendix B to part 4044) will be 3.80 percent for the first 20 years following the valuation date and 4.75 percent thereafter. These interest assumptions represent a decrease (from those in effect for February 2005) of 0.20 percent for the first 20 years following the valuation date and are otherwise unchanged. The interest assumptions that the PBGC will use for its own lump-sum payments (set forth in Appendix B to part 4022) will be 2.75 percent for the period during which a benefit is in pay status and 4.00 percent during any years preceding the benefit’s placement in pay status. These interest assumptions represent a decrease (from those in effect for February 2005) of 0.25 percent for the period during which a benefit is in pay status and are otherwise unchanged. For private-sector payments, the interest assumptions (set forth in Appendix C to part 4022) will be the same as those used by the PBGC for determining and paying lump sums (set forth in Appendix B to part 4022). E:\FR\FM\15FER1.SGM 15FER1

Agencies

[Federal Register Volume 70, Number 30 (Tuesday, February 15, 2005)]
[Rules and Regulations]
[Pages 7650-7651]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2903]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Rural Housing Service

7 CFR Part 1944


Housing Application Packaging Grants

AGENCY: Rural Housing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Agency is revising its internal Housing Application 
Packaging Grants regulation in order to correct an erroneous reference 
to the debarment and suspension regulation. This action is necessary 
since the existing regulation does not accurately reflect the current 
information. The intended effect is to remove the incorrect reference 
to the regulation.

DATES: Effective Date: This rule is effective February 15, 2005.

FOR FURTHER INFORMATION CONTACT: Thomas P. Dickson, Program Analyst, 
Program Support Staff, Rural Development, Room 6900 South Building, 
Stop 0761, 1400 Independence Ave., SW., Washington, DC 20250-1570. 
Telephone: (202) 690-4492, FAX: (202) 690-4335, e-mail: 
thomas.dickson@usda.gov.

SUPPLEMENTARY INFORMATION:

Classification

    This action is not subject to the provisions of Executive Order 
12866 since it involves only internal Agency management. This action is 
not published for prior notice and comment under the Administrative 
Procedure Act since it involves only internal Agency management and 
publication for comment is unnecessary and contrary to the public 
interest.

Program Affected

    The program affected is listed in catalog of Federal Domestic 
Assistance under 10.442--Housing Application Packaging Grants.

Intergovernmental Consultation

    Programs with Catalog of Federal Domestic Assistance the number 
10.442 are not subject to the provisions of Executive Order 12372.

Civil Justice Reform

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. In accordance with this rule: (1) Unless 
otherwise specifically provided, 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 this rule except as specifically 
prescribed in the rule; and (3) administrative Division (7 CFR part 11) 
must be exhausted before litigation against the Department is 
instituted.

Paperwork Reduction Act

    The information collection requirements contained in this rule have 
been approved by the Office of Management and Budget (OMB) under the 
provisions of 44 U.S.C. chapter 35 and were assigned OMB control number 
0575-0157 in accordance with the Paperwork Reduction Act of 1995. No 
person is required to respond to a collection of information unless it 
displays a valid OMB control number. This rule does not impose any new 
information collection requirements from those approved by OMB.

Regulatory Flexibility Act

    The Administrator of the Rural Housing Service has determined that 
this rule will not have a significant economic impact on a substantial 
number of small entities as defined in the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.). New provisions included in this rule will not 
impact a substantial number of small entities to a greater extent than 
large entities. Therefore, a regulatory flexibility analysis was not 
performed.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
Agencies generally must prepare a written statement, including a cost 
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, or tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any one year. When such a statement is needed for a 
rule, section 205 of the UMRA generally requires the agencies to 
identify and consider a reasonable number of regulatory alternatives 
and adopt the least costly, more cost-effective, or least burdensome 
alternative that achieves the objectives of the rule. This rule 
contains no

[[Page 7651]]

Federal mandates (under the regulatory provisions of title II of the 
UMRA) for State, local, and tribal governments or the private sector. 
Thus, the rule is not subject to the requirements of section 202 and 
205 of the UMRA.

Environmental Impact Statement

    This document has been reviewed in accordance with 7 CFR part 1940, 
subpart G, ``Environmental Program.'' The Agencies have determined that 
this final action does not constitute a major Federal action 
significantly affecting the quality of human environment, and in 
accordance with the National Environmental Policy Act of 1969, 42 
U.S.C. 4321 et seq., an Environmental Impact Statement is not required.

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 the States is not required.

Background

    In November 2003, the Federal Register published a Final Rule that 
implemented changes to the governmentwide nonprocurment debarment and 
suspension common rule (NCR) and the associated rule on drug-free 
workplace requirements. The NCR set forth the common policies and 
procedures that Federal Executive branch agencies must use in taking 
suspension or debarment actions. It also established procedures for 
participants and Federal agencies in entering covered transactions. 
Following the procedures set forth in the NCR will help ensure that the 
agency action complies with due process standards and provides the 
public with uniform procedures.

List of Subjects in 7 CFR Part 1944

    Administrative practice and procedure, Grant programs, Housing and 
community development, Loan Programs, Migrant labor, Nonprofit 
organizations, Reporting requirements, Rural Housing.


0
For the reasons set forth in the summary, chapter XVIII, title 7, Code 
of Federal Regulations is amended as follows:

PART 1944--HOUSING

0
1. The authority citation for part 3550 continues to read as follows:

    Authority: 5 U.S.C. 301; 42 U.S.C. 1480.

Subpart B--Housing Application Packaging Grants

0
2. Section 1944.74 is revised to read as follows:


Sec.  1944.74  Debarment or Suspension.

    Certified packagers whose actions or acts warrant they not be 
allowed to participate in the program are to be investigated in 
accordance with agency procedures (available in any Rural Development 
office).

    Dated: January 18, 2005.
Russell T. Davis,
Administrator, Rural Housing Service.
[FR Doc. 05-2903 Filed 2-14-05; 8:45 am]
BILLING CODE 3410-XV-P

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