January 17, 2007 – Federal Register Recent Federal Regulation Documents

Reader Aids
Document Number: FR-2007-01-17-ReaderAids
Type: Reader Aids
Date: 2007-01-17
Notice of Open Public Hearing
Document Number: E7-602
Type: Notice
Date: 2007-01-17
Agency: U.S.-China Economic and Security Review Commission, Agencies and Commissions
Notice is hereby given of the following hearing of the U.S.- China Economic and Security Review Commission. Name: Carolyn Bartholomew, Chairman of the U.S.-China Economic and Security Review Commission. The Commission is mandated by Congress to investigate, assess, evaluate and report to Congress annually on ``the national security implications and impact of the bilateral trade and economic relationship between the United States and the People's Republic of China.'' Pursuant to this mandate, the Commission will hold a public hearing in Washington, DC on February 1-2, 2007 to address ``The U.S.-China Relationship: Economics and Security in Perspective.''
Credit Watch Termination Initiative
Document Number: E7-582
Type: Notice
Date: 2007-01-17
Agency: Department of Housing and Urban Development
This notice advises of the cause and effect of termination of Origination Approval Agreements taken by HUD's Federal Housing Administration (FHA) against HUD-approved mortgagees through the FHA Credit Watch Termination Initiative. This notice includes a list of mortgagees which have had their Origination Approval Agreements terminated.
Notice of Planned Closing of Nashville, TN Post-of-Duty Station
Document Number: E7-578
Type: Notice
Date: 2007-01-17
Agency: Department of Housing and Urban Development
This notice advises the public that HUD's Office of the Inspector General (HUD/OIG) plans to close its Nashville, Tennessee post-of-duty station, and also provides a cost-benefit analysis of the impact of this closure.
Announcement of Funding Awards; Fair Housing Initiatives Program-Fiscal Year 2006
Document Number: E7-556
Type: Notice
Date: 2007-01-17
Agency: Department of Housing and Urban Development
In accordance with section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of funding decisions made by the Department for funding under the Super Notice of Funding Availability (SuperNOFA) for the Fair Housing Initiatives Program (FHIP) for Fiscal Year (FY) 2006. This announcement contains the names and addresses of those award recipients selected for funding based on the rating and ranking of all applications and the amount of the awards.
Agency Information Collection Activities: Proposed Request and Comment Request
Document Number: E7-555
Type: Notice
Date: 2007-01-17
Agency: Social Security Administration, Agencies and Commissions
Utilization of U.S. Vessels and Mariners in the Marine Transportation of Liquefied Natural Gas
Document Number: E7-554
Type: Notice
Date: 2007-01-17
Agency: Maritime Administration, Department of Transportation
The Maritime Administration (MARAD) seeks public comment on the use of United States vessels and mariners in the transportation of Liquefied Natural Gas (LNG) through the nation's offshore deepwater port receiving facilities. Comments should focus on the development of programs to maximize the utilization and availability of U.S. vessels and qualified U.S. citizen officers and unlicensed crews serving the international LNG tanker fleet. Comments may also include issues related to the overall safe and secure operation of deepwater port facilities.
Meeting of the National Vaccine Advisory Committee
Document Number: E7-553
Type: Notice
Date: 2007-01-17
Agency: Department of Health and Human Services
As stipulated by the Federal Advisory Committee Act, the Department of Health and Human Services (DHHS) is hereby giving notice that the National Vaccine Advisory Committee (NVAC) will hold a meeting. The meeting is open to the public.
Polyethylene Retail Carrier Bags from Thailand: Final Results of Antidumping Duty Administrative Review
Document Number: E7-552
Type: Notice
Date: 2007-01-17
Agency: Department of Commerce, International Trade Administration
On September 11, 2006, the Department of Commerce published the preliminary results of the 2004/2005 administrative review of the antidumping duty order on polyethylene retail carrier bags from Thailand. We gave interested parties an opportunity to comment on the preliminary results. Based on our analysis of the comments received and an examination of our calculations, we have made certain changes for the final results. The final weighted-average dumping margins for the respondents are listed below in the ``Final Results of the Review'' section of this notice.
Notice of Final Results of Antidumping Duty Administrative Review: Granular Polytetrafluoroethylene Resin From Italy
Document Number: E7-551
Type: Notice
Date: 2007-01-17
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on granular polytetrafluoroethylene (PTFE) resin from Italy, covering the period August 1, 2004, through July 31, 2005. The review covers one producer/ exporter of the subject merchandise, Solvay Solexis, Inc. and Solvay Solexis S.p.A. (collectively, Solvay). Based on our analysis of comments received, these final results differ from the preliminary results. The final results are listed below in the Final Results of Review section.
Experimental Use Permit; Receipt of Application
Document Number: E7-550
Type: Notice
Date: 2007-01-17
Agency: Environmental Protection Agency
This notice announces receipt of an application 264-EUP-140 from Bayer CropScience LP (BCS) requesting an experimental use permit (EUP) for the Bacillus thuringiensis Cry1Ab protein and the genetic material necessary for its production in Events T303-3 and T304-40 cotton plants. The Agency has determined that the application may be of regional and national significance. Therefore, in accordance with 40 CFR 172.11(a), the Agency is soliciting comments on this application.
Draft Guidance for Industry: Minimally Manipulated, Unrelated, Allogeneic Placental/Umbilical Cord Blood Intended for Hematopoietic Reconstitution in Patients with Hematological Malignancies; Availability
Document Number: E7-549
Type: Notice
Date: 2007-01-17
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is announcing the availability of a draft document entitled ``Guidance for Industry: Minimally Manipulated, Unrelated, Allogeneic Placental/Umbilical Cord Blood Intended for Hematopoietic Reconstitution in Patients with Hematological Malignancies'' dated December 2006. The draft guidance document provides recommendations that would allow the manufacturer, generally a cord blood bank, to apply for licensure of minimally manipulated, unrelated, allogeneic placental/umbilical cord blood, for specified indications. The document also contains information about the manufacture of minimally manipulated, unrelated, allogeneic placental/ umbilical cord blood and how to comply with applicable regulatory requirements.
Privacy Act of 1974: Notice of Alteration to Two Existing Systems of Records
Document Number: E7-547
Type: Notice
Date: 2007-01-17
Agency: Securities and Exchange Commission, Agencies and Commissions
In accordance with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Securities and Exchange Commission proposes to alter the Privacy Act system of records: ``Personnel Management Employment and Staffing Files (SEC-39)'', which was previously identified in the Federal Register at 41 FR 41591 on September 22, 1976, 50 FR 37750 on September 17, 1985 and 62 FR 47884 on September 11, 1997. Also, the Commission is proposing to make changes to its system of records ``Identification and Access Control Cards, Special Credentials, Press Passes, and Building Access Control Cards (SEC-46)'', originally published at 63 FR 37423, July 10, 1998.
Submission for OMB Review; Comment Request
Document Number: E7-546
Type: Notice
Date: 2007-01-17
Agency: Securities and Exchange Commission, Agencies and Commissions
Proposed Collection; Comment Request
Document Number: E7-545
Type: Notice
Date: 2007-01-17
Agency: Securities and Exchange Commission, Agencies and Commissions
Requested Administrative Waiver of the Coastwise Trade Laws
Document Number: E7-544
Type: Notice
Date: 2007-01-17
Agency: Maritime Administration, Department of Transportation
As authorized by Public Law 105-383 and Public Law 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.- build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2006-26755 at https:// dms.dot.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Public Law 105-383 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.
Requested Administrative Waiver of the Coastwise Trade Laws
Document Number: E7-542
Type: Notice
Date: 2007-01-17
Agency: Maritime Administration, Department of Transportation
As authorized by Public Law 105-383 and Public Law 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.- build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2006-26754 at https:// dms.dot.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Public Law 105-383 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.
No FEAR Act Notice
Document Number: E7-541
Type: Notice
Date: 2007-01-17
Agency: National Aeronautics and Space Administration, Agencies and Commissions
This notice fulfills NASA's ``No FEAR Act Notice'' Federal Register publication obligations, as required by the Act and by the Office of Personnel Management implementing regulations at 5 CFR 724.202.
Federal Employees Health Benefits Program: Discontinuance of Health Plan in an Emergency
Document Number: E7-533
Type: Rule
Date: 2007-01-17
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The Office of Personnel Management (OPM) is issuing a final rule to amend the Federal Employees Health Benefits (FEHB) regulations regarding discontinuance of a health plan to include situations in which a health plan becomes incapacitated, either temporarily or permanently, as the result of a disaster.
Approval and Promulgation of Implementation Plans; Kentucky: Performance Testing and Open Burning
Document Number: E7-531
Type: Proposed Rule
Date: 2007-01-17
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the Kentucky State Implementation Plan (SIP), submitted by the Commonwealth of Kentucky, through the Kentucky Department of Air Quality (KDAQ), on September 6, 2005. The revisions include changes to Kentucky Administrative Regulations (KAR) Title 401, Chapters 50:045, ``Performance tests,'' and 63:005, ``Open burning.'' The changes included in the proposed SIP revisions are part of Kentucky's strategy to attain and maintain the 8- hour ozone and fine particulate (PM2.5) national ambient air quality standards (NAAQS) by reducing emissions of PM2.5 and precursors to ozone. EPA is proposing to approve Kentucky's SIP revisions pursuant to section 110 of the Clean Air Act (CAA).
Delegation of Authority to the States of Iowa, Missouri and Nebraska for New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP); and Maximum Achievable Control Technology (MACT) Standards
Document Number: E7-527
Type: Rule
Date: 2007-01-17
Agency: Environmental Protection Agency
The states of Iowa, Missouri and Nebraska have submitted updated regulations for delegation of EPA authority for implementation and enforcement of NSPS, NESHAP, and MACT. The submissions cover new EPA standards and, in some instances, revisions to standards previously delegated. EPA's review of the pertinent regulations shows that they contain adequate and effective procedures for the implementation and enforcement of these Federal standards. This action informs the public of delegations to the above-mentioned agencies.
Science Advisory Board Staff Office; Notification of a Meeting of the Science Advisory Board; Integrated Nitrogen Committee
Document Number: E7-524
Type: Notice
Date: 2007-01-17
Agency: Environmental Protection Agency
The EPA Science Advisory Board (SAB) Staff Office announces a public face-to-face meeting of the Integrated Nitrogen Committee to develop a work plan for its evaluative study on the need for integrated research and control management strategies.
Science Advisory Board Staff Office; EPA Clean Air Scientific Advisory Committee (CASAC); Notification of Public Advisory Committee Meeting and Consultation on EPA's Technical Assessment in Support of the Draft Lead Renovation, Repair and Painting (LRRP) Rule
Document Number: E7-523
Type: Notice
Date: 2007-01-17
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public meeting of the Clean Air Scientific Advisory Committee (CASAC) Panel (CASAC Panel) to conduct a consultation on EPA's Draft Assessment to Support the Lead Renovation, Repair, and Painting (LRRP) Rule (1st Draft LRRP Assessment, January 2007).
Public Land Order No. 7674; Partial Revocation of Executive Order No. 3406 and Executive Order Dated January 4, 1901; Alaska
Document Number: E7-522
Type: Notice
Date: 2007-01-17
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
This order revokes two Executive Orders insofar as they affect approximately 1,725.81 acres of National Forest System lands withdrawn for lighthouse purposes within Alaska. The lands are no longer needed for the purpose for which they were withdrawn.
Redesignation of Washington County, OH To Attainment for the 8-Hour Ozone Standard
Document Number: E7-520
Type: Proposed Rule
Date: 2007-01-17
Agency: Environmental Protection Agency
The Ohio Environmental Protection Agency (Ohio EPA) submitted a request on September 22, 2006, and supplemented it on November 17, 2006, for redesignation of Washington County, Ohio (the Ohio portion of the Parkersburg-Marietta 8-hour ozone nonattainment area) to attainment for the 8-hour ozone standard. EPA is proposing to approve the several elements of this request. First, EPA is making a determination that complete, quality-assured ambient air quality data indicate that the Parkersburg-Marietta area has attained the 8-hour ozone standard. Furthermore, preliminary monitoring data for the 2006 ozone season show that the Parkersburg-Marietta area continues to attain the NAAQS. Second, EPA is proposing to approve, as revisions to the Ohio State Implementation Plan (SIP), the State's plans for maintaining the 8-hour ozone NAAQS through 2018. Third, EPA is proposing to redesignate Washington County to attainment for the 8-hour ozone standard, based on a finding that the requirements for this redesignation have been satisfied. Fourth, EPA finds adequate and is proposing to approve the State's 2018 Motor Vehicle Emission Budgets (MVEBs) for Washington County. Region 3 will address the West Virginia portion of the Parkersburg-Marietta area (Wood County) in a separate rulemaking action.
Draft of Part 1 of the 2007 Release of the Causal Analysis/Diagnosis Decision Information System (CADDIS)
Document Number: E7-518
Type: Notice
Date: 2007-01-17
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) is announcing a 30-day public review and comment period for the external review draft of Part 1 of the 2007 release of the EPA Web site titled, ``Causal Analysis/Diagnosis Decision Information System (CADDIS).'' The CADDIS Web site was developed and prepared by EPA's National Center for Environmental Assessment (NCEA) in the Office of Research and Development (ORD). NCEA will consider public comments received in accordance with this notice when revising the CADDIS Web site. Review of Part 2 of CADDIS 2007 will be announced in the Spring of 2007. EPA is releasing the draft CADDIS 2007 Web site solely for the purpose of pre-dissemination peer review under applicable information quality guidelines. The draft CADDIS 2007 Web site has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination. EPA will consider any public comments submitted in accordance with this notice when revising the document.
Science Advisory Board Staff Office; EPA Clean Air Scientific Advisory Committee (CASAC); Notification of Public Advisory Committee Meeting of the CASAC Lead Review Panel
Document Number: E7-517
Type: Notice
Date: 2007-01-17
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public meeting of the Clean Air Scientific Advisory Committee (CASAC) Lead Review Panel (CASAC Panel) to conduct a peer review of the Draft Review of the National Ambient Air Quality Standards for Lead: Policy Assessment of Scientific and Technical Information (1st Draft Lead Staff Paper, December 2006) and a related draft technical support document, Lead Human Exposure and Health Risk Assessments and Ecological Risk Assessment for Selected Areas: Pilot Phase, Draft Technical Report (Draft Lead Exposure and Risk Assessments, December 2006).
Proposed Settlement Agreement, Clean Air Act Citizen Suit
Document Number: E7-516
Type: Notice
Date: 2007-01-17
Agency: Environmental Protection Agency
In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement, to address a petition for review filed by the American Foundry Society in the United States Court of Appeals for the District of Columbia Circuit: American Foundry Society v. EPA, No. 04-1191 (D.C. Cir.). On June 18, 2004, Petitioner filed a petition for review challenging the EPA's final rule entitled ``National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries'' published at 69 FR 21,906 (April 22, 2004). Under the terms of the proposed settlement agreement, EPA would sign a notice proposing revisions to the rule that were the same in substance as set forth in the attachment to the settlement agreement.
Notice of Final Supplementary Rules for Visitor Use and Permits at Meadowood Special Recreation Management Area-Bureau of Land Management, Eastern States, Springfield, VA
Document Number: E7-515
Type: Notice
Date: 2007-01-17
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
In accordance with the Meadowood Integrated Activity Plan, the Bureau of Land Management, Eastern States Office (BLM-ES) implements these final supplementary rules which include certain rules of conduct and other limitations on public lands administered by BLM-ES. These final supplementary rules implement the management decisions made in the Meadowood Farm Proposed Management Program Analysis/Environmental Assessment and the Meadowood Integrated Activity Plan for the Meadowood Special Recreation Management Area. These final supplementary rules will protect natural resources and provide for the safety of visitors and property on public lands located within the boundaries of the Meadowood Special Recreation Management Area (MSRMA) in Fairfax County, Virginia.
Indian Gaming
Document Number: E7-514
Type: Notice
Date: 2007-01-17
Agency: Department of the Interior, Bureau of Indian Affairs, Indian Affairs Bureau
Notice is given that the Amendment to the Tribal-State gaming compact between the State of California and the Quechan Tribe of the Fort Yuma Indian Reservation is considered approved and is in effect.
30-Day Notice of Proposed Information Collection: DS-5090e, Human Rights Abuses Reporting Site; OMB No. 1405-0175
Document Number: E7-513
Type: Notice
Date: 2007-01-17
Agency: Department of State
The Department of State has submitted the following information collection request to the Office of Management and Budget (OMB) for approval in accordance with the Paperwork Reduction Act of 1995. Title of Information Collection: Human Rights Abuses Reporting Site. OMB Control Number: 1405-0175. Type of Request: Extension of a Currently Approved Collection. Originating Office: Bureau of Western Hemisphere Affairs, Office of Cuban Affairs (WHA/CCA). Form Number: DS-5090e, Human Rights Abuses Reporting Site. Respondents: Victims of human rights abuses in Cuba. Estimated Number of Respondents: 7,300 annually. Estimated Number of Responses: 7,300 annually. Average Hours Per Response: 15 minutes per response. Total Estimated Burden: 1,825 hours. Frequency: On occasion. Obligation to Respond: Voluntary.
Gaming on Trust Lands Acquired After October 17, 1988
Document Number: E7-511
Type: Proposed Rule
Date: 2007-01-17
Agency: Department of the Interior, Bureau of Indian Affairs, Indian Affairs Bureau
This document reopens the comment period for the proposed rule published on December 4, 2006 (71 FR 70335), which establishes procedures that an Indian tribe must follow in seeking to conduct gaming on lands acquired after October 17, 1988.
Notice of Proposed Withdrawal and Opportunity for Public Meeting; Arizona
Document Number: E7-510
Type: Notice
Date: 2007-01-17
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
The United States Department of Agriculture, Forest Service, has filed an application requesting the Secretary of the Interior to withdraw 387.50 acres of National Forest System land from mining for protection and conservation of the Arizona Hedgehog Cactus (Echinocereus triglochidiatus var. arizonicus) located in the Tonto National Forest, Arizona. This notice segregates the land for up to 2 years from location and entry under the United States mining laws. The land will remain open to all other uses which may by law be authorized on National Forest System lands.
Call for Nominations for Resource Advisory Council
Document Number: E7-509
Type: Notice
Date: 2007-01-17
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
The purpose of this notice is to solicit public nominations for two vacant positions on the Bureau of Land Management (BLM) Nevada Northeastern Great Basin Resource Advisory Council (RAC). The first vacant position is Category Two representing National/Regional Environmental interests. The second vacant position is Category One representing Federal Grazing interests. The RAC provides advice and recommendations to BLM on land use planning and management of the public land within northeastern Nevada. Public nominations will be considered for 45 days after the publication date of this notice.
Notice of Seasonal Closure of Public Lands to Motorized Vehicle Use
Document Number: E7-508
Type: Notice
Date: 2007-01-17
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
Pursuant to 43 Code of Federal Regulations subpart 8364, the Bureau of Land Management (BLM) may issue an order to close the use of BLM administered lands to the public to protect those lands and resources. The Pinedale Resource Management Plan (RMP) Record of Decision (ROD), December 12, 1988, states that big game winter ranges, and elk feedgrounds may be closed to minimize stress to wintering animals. The Pinedale Anticline Project (PAPA) ROD (2000) identifies areas that may be subject to seasonal closures as conditions warrant. After consulting with the Wyoming Game and Fish Department, the BLM Pinedale Field Manager has implemented a seasonal closure on certain BLM-administered lands and travel ways including existing roads and two-track trails, to all types of motorized vehicle travel (e.g., snowmobiles, all-terrain vehicles, any vehicle including trucks, sport utility vehicles and cars, motorcycles etc.). Winter ranges, as identified in the Pinedale RMP, and as described below in the SUPPLEMENTARY INFORMATION section, will be closed to all unauthorized motorized travel from November 15 through April 30 each winter. Use of winter range areas by non-motorized means is still allowed. Feedground areas will be closed November 15 through April 30 each winter, to all motorized vehicles and human presence. The Mesa winter range will remain open to motorized travel on existing roads from November 15 through January 14 each winter, but roads will be closed to unauthorized motorized travel January 15 through April 30 each winter. After April 30 each year, motorized vehicle use will be limited to existing roads and two-track trails. The winter range seasonal closures affect public lands located within the Deer Hills, Oil Field, Mesa, Bench Corral, and Miller Mountain winter ranges. Elk feedground closures affect public lands around the Franz, Finnegan, Scab Creek, Fall Creek, and North Piney feedgrounds. This action is necessary for the protection of crucial winter range habitat for elk, moose, antelope, and mule deer. Except for travel on highways or county roads, motorized vehicle travel within these areas will be allowed only by written authorization from the Pinedale Field Manager. Personnel of the BLM, Wyoming Game and Fish Department, U.S. Department of Agriculture-APHIS & Forest Service, U.S. Fish & Wildlife Service, and law enforcement personnel are exempt from this closure when performing official duties. Operators of existing oil and gas facilities may perform routine maintenance, or operation and drilling as approved by the BLM, and livestock operators may perform permitted activities.
Pine Shoot Beetle; Additions to Quarantined Areas
Document Number: E7-505
Type: Rule
Date: 2007-01-17
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are adopting as a final rule, without change, an interim rule that amended the pine shoot beetle regulations by adding counties in Illinois, Indiana, Iowa, New Jersey, New York, and Ohio to the list of quarantined areas and by designating the States of Michigan, Minnesota, and Pennsylvania, in their entirety, as quarantined areas based on their decision not to enforce intrastate movement restrictions. The interim rule also added the States of Connecticut and Rhode Island, in their entirety, to the list of quarantined areas based on projections of the natural spread of pine shoot beetle that make it reasonable to believe that the pest is present in those States. The interim rule was necessary to prevent the spread of pine shoot beetle, a pest of pine trees, into noninfested areas of the United States.
Guarantee Fee Rates for Guaranteed Loans for Fiscal Year 2007; Maximum Portion of Guarantee Authority Available for Fiscal Year 2007
Document Number: E7-504
Type: Notice
Date: 2007-01-17
Agency: Department of Agriculture, Rural Business-Cooperative Service
As set forth in 7 CFR 4279.107(b) and 4280.126(c), Rural Development (the Agency) has the authority to charge an annual renewal fee for loans made under the Business and Industry (B&I) Guaranteed Loan Program and the Renewable Energy and Energy Efficiency Improvements (9006) Guaranteed Loan Program. Pursuant to that authority, the Agency is establishing the renewal fee rate at one- fourth of 1 percent for the B&I Guaranteed Loan Program and one-eighth of 1 percent for the 9006 Guaranteed Loan Program. These rates will apply to all loans obligated in fiscal year (FY) 2007 that are made under the cited programs. As established in 7 CFR 4279.107 and 4280.126, the amount of the fee on each guaranteed loan will be determined by multiplying the fee rate by the outstanding principal loan balance as of December 31, multiplied by the percent of guarantee. As set forth in 7 CFR 4280.126(a), each fiscal year the Agency shall establish the initial guarantee fee rate for loans made under the 9006 Guaranteed Loan Program. Pursuant to that authority, the Agency is establishing the initial guarantee fee rate at 1 percent for loans made in FY 2007. As set forth in 7 CFR 4279.107(a) and 4279.119(b)(4), each fiscal year the Agency shall establish a limit on the maximum portion of B&I guarantee authority available for that fiscal year that may be used to guarantee loans with a B&I guarantee fee of 1 percent or guaranteed loans with a guarantee percentage exceeding 80 percent. Allowing the guarantee fee to be reduced to 1 percent or exceeding the 80 percent guarantee on certain B&I guaranteed loans that meet the conditions set forth in 7 CFR 4279.107 and 4279.119 will increase the Agency's ability to focus guarantee assistance on projects which the Agency has found particularly meritorious. For 1 percent fees, the borrower's business supports value-added agriculture and results in farmers benefiting financially, or such projects are high impact as defined in 7 CFR 4279.155(b)(5) and located in rural communities that remain persistently poor, which experience long-term population decline and job deterioration, are experiencing trauma as a result of natural disaster, or are experiencing fundamental structural changes in its economic base. For guaranteed loans exceeding 80 percent, such projects must be a high-priority project in accordance with 7 CFR 4279.155. Not more than 12 percent of the Agency's quarterly apportioned B&I guarantee authority will be reserved for loan requests with a guarantee fee of 1 percent, and not more than 15 percent of the Agency's quarterly apportioned guarantee authority will be reserved for guaranteed loan requests with a guaranteed percentage exceeding 80 percent. Once the respective quarterly limits are reached, all additional loans for that quarter will be at the standard fee and guarantee limits in 7 CFR part 4279. As an exception to this paragraph and for the purposes of this notice, loans developed by the North American Development Bank (NADBank) Community Adjustment and Investment Program (CAIP) will not count against the 15 percent limit. Up to 50 percent of CAIP loans may have a guaranteed percentage exceeding 80 percent. The funding authority for CAIP loans is not derived carryover or recovered funding authority of the B&I Guaranteed Loan Program. Written requests by the Rural Development State Office for approval of a guaranteed loan with a 1 percent guarantee fee or a guaranteed loan exceeding 80 percent must be forwarded to the National Office, Attn: Director, Business and Industry Division, for review and consideration prior to obligation of the guaranteed loan. The Administrator will provide a written response to the State Office confirming approval or disapproval of the request.
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