Maximum Interest Rates on Guaranteed Farm Loans, 56754-56756 [E8-22871]
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56754
Proposed Rules
Federal Register
Vol. 73, No. 190
Tuesday, September 30, 2008
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Farm Service Agency
7 CFR Parts 761 and 762
RIN 0560–AH66
Maximum Interest Rates on
Guaranteed Farm Loans
Farm Service Agency, USDA.
Proposed rule.
AGENCY:
ebenthall on PROD1PC60 with PROPOSALS
ACTION:
SUMMARY: The Farm Service Agency
(FSA) is proposing to amend its
guaranteed farm loan program
regulations governing interest rates to
increase clarity and to be more
consistent with other government loan
guarantee programs. FSA is proposing to
tie the maximum interest rate that may
be charged on FSA guaranteed farm
loans to nationally published indices
such as the Wall Street Journal Prime
(also known as New York Prime), or the
10-year Treasury note rate unless the
lender uses a formal written risk-based
pricing model for loans, in which case
the rate will be the rate charged to
moderate risk borrowers. This proposed
rule specifically asks for comments on
the index to be used and the maximum
allowable spread between the base rate
and the rate to be charged to FSA
guaranteed borrowers.
DATES: We will consider comments that
we receive by December 1, 2008.
ADDRESSES: We invite you to submit
comments on this proposed rule. In
your comment, include the volume,
date, and page number of this issue of
the Federal Register. You may submit
comments by any of the following
methods:
• E-Mail: Trent.Rogers@wdc.usda.gov.
• Fax: (202) 720–6797.
• Mail: Director, Loan Making
Division, Farm Service Agency, U.S.
Department of Agriculture, 1400
Independence Avenue, SW., Stop 0522,
Washington, DC 20250–0522.
• Hand Delivery or Courier: Deliver
comments to Farm Service Agency,
Loan Making Division, 1280 Maryland
VerDate Aug<31>2005
15:14 Sep 29, 2008
Jkt 214001
Ave., SW., Suite 240, Washington, DC
20024.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
Comments may be inspected in the
Office of the Director, Loan Making
Division, Farm Services Agency, USDA,
Suite 240, 1280 Maryland Ave., SW.,
Washington, DC 20024, between 8 a.m.
and 4:30 p.m., except holidays.
FOR FURTHER INFORMATION CONTACT:
Trent Rogers, Senior Loan Officer, Loan
Making Division, Farm Service Agency;
telephone: (202) 720–3889; facsimile:
(202) 720–6797; e-mail:
Trent.Rogers@wdc.usda.gov. Persons
with disabilities or who require
alternative means for communications
should contact the USDA Target Center
at (202) 720–2600 (voice and TDD).
SUPPLEMENTARY INFORMATION:
Background
FSA guaranteed loans are a means of
providing credit to farmers whose
financial risk exceeds a level acceptable
to commercial lenders. The guarantee
reduces the lender’s risk of default and
loss, and thus the lender’s credit cost.
FSA believes that part of the intent of
the program is for the borrower to
receive the benefit of the reduction in
the lender’s credit cost in the form of a
lower interest rate.
The existing regulation, 7 CFR
762.124(a)(3), limits the interest rate
that a lender may charge guaranteed
loan customers to a rate that does not
exceed the rate charged to its ‘‘average
agricultural loan customers’’ as defined
in § 761.2. Currently, 7 CFR
762.124(a)(2) states that variable rates, if
used, may change according to the
normal practices of the lender for its
average agricultural loan customer, but
the frequency of change must be specific
in the loan instrument. Some lenders
have indicated that the term ‘‘average
agricultural loan customer’’ is overly
vague and have encouraged the agency
to review its current interest rate policy.
FSA proposes to clarify this section of
the regulations to simplify compliance
for stakeholders by setting a maximum
rate based on certain widely published
indices, while permitting the continued
use of risk-based pricing models for
lenders that prefer that approach.
The agriculture credit industry
continues to undergo rapid
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
transformation in response to the impact
of technology and globalization of
financial markets. FSA’s current interest
rate policies that are tied to the rate of
an average customer are no longer
consistent with industry pricing
practices that generally consider the
anticipated risks, costs, market
competition, and terms of the loan or
with the practices of other government
agencies that administer similar
programs. For example, the Small
Business Administration has imposed
rate ceilings which are linked to the
‘‘prime’’ rate or other index, depending
on loan size, terms, and rate structure.
FSA believes that the FSA guarantee
compensates the lender for much of the
lender’s risk of loss and that the interest
rate charged by the lender to the
producer should reflect that reduced
risk. The changes proposed are
consistent with that policy. In this rule
FSA is proposing to eliminate the term
‘‘average agricultural loan customer’’
from 7 CFR 762.124(a)(2) and (3). FSA
proposes new interest rate limits based
on widely recognized indices, which
will provide simple, clear limits rather
than an ‘‘average’’ customer. For lenders
who use a formal written risk-based
pricing model for loans, the option to
use the rate charged to moderate risk
borrowers will still be included in the
regulation.
FSA has selected the indices that it
believes most accurately represent
current rates. FSA has conducted an
analysis of its guarantee portfolio and
the rates lenders have charged their
agricultural loan customers since 1999
in order to identify a correlation
between these rates and a published
index. That analysis indicated that the
10-year Treasury note rate was the index
that most closely tracked farm real
estate loans and Wall Street Journal
prime was the index that most closely
tracked short and intermediate term
loans. The rate for 10 year Treasury
notes is the yield on 10 year Treasury
notes issued by the U.S. Department of
the Treasury through the Bureau of
Public Debt. The Wall Street Journal
prime is the rate that at least 23 of the
30 largest U.S. banks charge for
corporate loans, as published in the
print edition of the Wall Street Journal.
It is sometimes called the New York
Prime rate.
The average rate charged on
guaranteed Farm Ownership (FO) loans
E:\FR\FM\30SEP1.SGM
30SEP1
ebenthall on PROD1PC60 with PROPOSALS
Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Proposed Rules
since 1999 was 291 basis points (2.91
percent) over the 10-year Treasury rate.
FSA proposes to limit the interest rate
charged on guaranteed FO loans to no
more than 350 basis points (3.5 percent)
over the 10-year Treasury rate. Of the
FO loans made since 1999, most would
have met this interest rate limit, had it
been in effect.
The average rate charged on
guaranteed Operating Loans (OL) during
the same time period was New York
Prime plus 195 basis points (1.95
percent). FSA proposes to limit the
guaranteed OL interest rate to no more
than 250 basis points (2.5 percent) over
the New York Prime rate. Had the
proposed interest rate limit been in
effect, most of the guaranteed OLs made
since 1999 would have met this limit.
These limits will apply to both fixed
and variable rate guaranteed loans and
lines of credit.
FSA realizes that financial markets
can be very volatile and that lenders use
various methodologies to manage their
funding sources. This proposal does not
require that the lender tie its guaranteed
loan interest rates to these indices, nor
does it require that the rate remain
below these maximums throughout the
term of the loan. It only sets the
maximum rate that may be charged to
the customer at the time of loan
origination. In addition, to ensure that
the benefit of the guarantee is passed on
to borrowers in financial distress, these
interest rate limits will apply to
guaranteed loans at such time that they
are restructured, too. FSA is specifically
requesting comments on the suitability
of using these indices or
recommendations for another index,
such as a London Inter Bank Offered
Rate (known as LIBOR), or the Farmer
Mac II cost of funds index or alternative
methodologies for setting maximum
interest rates.
FSA also realizes that some lenders
have well developed risk based pricing
models and are able to document how
the interest rate on a guaranteed loan
reflects the reduced risk of loss due to
the guarantee. FSA is proposing to
continue to permit such lenders to price
guaranteed loans at a rate not exceeding
the rate charged to their typical,
moderate risk agricultural loan
customer. The rate charged this
customer would be limited to no more
than the highest interest rate for the tier
of the lender’s risk rating matrix that
reflects moderate risk. This would
typically be the lender’s middle tier, or
for those lenders with an even number
of tiers, a rate no higher than an average
of the lender’s two middle tiers. If such
tier had a range of interest rates, the
maximum rate permitted would be the
VerDate Aug<31>2005
15:14 Sep 29, 2008
Jkt 214001
highest rate for that tier. Specific
comments are requested to further
define this moderate risk agricultural
loan rate. The lender will be required to
provide the Agency with their pricing
model.
Again, FSA is inviting comments that
will address the indices to be used, as
well as the maximum yield spreads.
FSA is attempting to adhere to current
lending standards, propose changes that
will provide clear and straightforward
guidance for lenders to improve lender
compliance, allow guaranteed loan
borrowers to receive the benefit
resulting from the reduced risk of loss
with a guarantee, and to promote active
competition among lenders. FSA
proposes to reserve the right to change
the maximum rates on a temporary basis
by Federal Register notice to ensure
liquidity in the farm loan market, as
determined in consultation with the
Department of the Treasury, in response
to conditions that result in large interest
rate changes or term structure changes.
Examples of these conditions include
increased loan losses in the sector or
significant changes in the yield curve.
Executive Order 12866
This rule has been designated as not
significant under Executive Order 12866
and has not been reviewed by the Office
of Management and Budget.
Regulatory Flexibility Act
In accordance with the Regulatory
Flexibility Act, 5 U.S.C. 601, FSA
certifies that there would not be a
significant economic impact on a
substantial number of small entities.
This rule is not expected to change the
ability of applicants, borrowers, or
lenders to receive FSA guaranteed
loans, and would not increase the costs
of compliance with the program.
Further, all applicants or borrowers
affected by this change are small, but no
lenders are considered small entities.
Changes will be applied to all affected
entities equally, however, without
regard to their size.
Unfunded Mandates Reform Act of
1995
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) establishes
requirements for Federal agencies to
assess the effects of their regulatory
actions on State, local, and tribal
governments and the private sector.
This rule contains no Federal mandates
(under the regulatory provisions of title
II of the UMRA) for State, local, and
tribal governments or the private sector.
Therefore, this rule is not subject to the
requirements of sections 202 and 205 of
the UMRA.
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Fmt 4702
Sfmt 4702
56755
Executive Order 12612
It has been determined under section
6(a) of Executive Order 12612,
Federalism, that this rule does not have
sufficient federalism implications to
warrant the preparation of a Federalism
Assessment. The provisions contained
in this rule will not have a substantial
direct effect on States or their political
subdivisions or on the distribution of
power and responsibilities among the
various levels of government.
Executive Order 12372
These regulations are not subject to
the provisions of Executive Order
12372, which require intergovernmental
consultation with State and local
officials. See the notice related to 7 CFR
part 3015, subpart V, published at 48 FR
29115, June 24, 1983.
Executive Order 12988
This rule has been reviewed under
Executive Order 12988, on Civil Justice
Reform. The provisions of this rule are
not retroactive. The provisions of this
rule preempt State and local laws to the
extent such State and local laws are
inconsistent. Generally, all
administrative appeal provisions,
including those published at 7 CFR part
11, must be exhausted before any action
for judicial review may be brought in
connection with the matters that are the
subject of this rule.
Environmental Evaluation
The environmental impacts of this
rule have been considered in a manner
consistent with the provisions of the
National Environmental Policy Act
(NEPA), 42 U.S.C. 4321–4347, the
regulations of the Council on
Environmental Quality, 40 CFR parts
1500–1508, and the FSA regulations for
compliance with NEPA (7 CFR 799 and
7 CFR part 1940, subpart G). FSA
concluded that this rule will not have a
significant impact on the quality of the
human environment either individually
or cumulatively and therefore is
categorically excluded and not subject
to environmental assessments or
environmental impact statements in
accordance with 7 CFR 1940.310(e)(3).
Paperwork Reduction Act of 1995
The information collections to which
this rule applies have been reviewed by
OMB under the Paperwork Reduction
Act of 1995 (44 U.S.C. chapter 35),
approved, and assigned OMB control
number 0560–0155. This rule involves
no change to the currently approved
collection of information.
E:\FR\FM\30SEP1.SGM
30SEP1
56756
Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Proposed Rules
E-Government Act Compliance
FSA 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 citizen
access to Government information and
services, and for other purposes.
List of Subjects
7 CFR Part 761
Accounting, Loan programs—
agriculture, Rural areas.
7 CFR Part 762
Agriculture, Credit, Loan programs—
agriculture, Grant programs—
agriculture, Reporting and
recordkeeping requirements.
For the reasons set out in the
preamble, 7 CFR parts 761 and 762 are
proposed to be amended as follows:
PART 761—GENERAL PROGRAM
ADMINISTRATION
1. The authority citation for part 761
continues to read as follows:
Authority: 5 U.S.C. 301 and 7 U.S.C. 1989.
§ 761.2
[Amended]
(ii) For lenders without a risk based
pricing model, the 10-year Treasury rate
plus 350 basis points for FO and the
New York Prime (as published in the
Wall Street Journal) plus 250 basis
points for OL. In the event of
extraordinary conditions resulting in
large interest rate changes or term
structure changes, the Agency may
temporarily set a different maximum
rate under this paragraph as determined
in consultation with the Department of
the Treasury; and
*
*
*
*
*
5. Amend § 762.150 by revising
paragraph (g) to read as follows:
§ 762.150
Interest Assistance Program.
*
*
*
*
*
(g) Rate of Interest. The lender interest
rate will be set according to
§ 762.124(a).
*
*
*
*
*
Signed at Washington, DC, on September
24, 2008.
Glen L. Keppy,
Acting Administrator, Farm Service Agency.
[FR Doc. E8–22871 Filed 9–29–08; 8:45 am]
BILLING CODE 3410–05–P
2. In § 761.2(b), remove the definition
of ‘‘average agricultural loan customer.’’
PART 762—GUARANTEED FARM
LOANS
DEPARTMENT OF THE TREASURY
3. The authority citation for part 762
continues to read as follows:
Office of the Comptroller of the
Currency
Authority: 5 U.S.C. 301, 7 U.S.C. 1989.
ebenthall on PROD1PC60 with PROPOSALS
§ 762.124
and fees.
[Docket ID OCC–2008–0014]
RIN 1557–AD13
Interest rate, terms, charges,
(a) * * *
(2) If a variable rate is used, it must
be tied to an index or rate specifically
agreed to between the lender and
borrower in the loan instruments and
the rate adjustments must be in
accordance with normal practices of the
lender for unguaranteed loans. Upon
request, the lender must provide the
Agency with copies of written rate
adjustment practices.
(3) At loan closing and at the time of
loan restructuring, the interest rate on
the guaranteed portion and the
unguaranteed portion of a fixed or
variable rate loan may not exceed the
following, as applicable:
(i) For lenders utilizing a pricing
model based on loan risk, the highest
interest rate for tier of the lender’s risk
rating matrix that reflects moderate risk.
The lender must provide the Agency
with this pricing model.
VerDate Aug<31>2005
15:14 Sep 29, 2008
Jkt 214001
Office of the Comptroller of
the Currency, Treasury; Board of
Governors of the Federal Reserve
System; Federal Deposit Insurance
Corporation; and Office of Thrift
Supervision, Treasury.
ACTION: Joint notice of proposed
rulemaking.
AGENCIES:
SUMMARY: The Office of the Comptroller
of the Currency (OCC), the Board of
Governors of the Federal Reserve
System (Board), the Federal Deposit
Insurance Corporation (FDIC), and the
Office of Thrift Supervision (OTS)
(collectively, the Agencies) are
proposing to permit banks, bank holding
companies, and savings associations
(collectively, banking organizations) to
reduce the amount of goodwill that a
banking organization must deduct from
tier 1 capital by the amount of any
deferred tax liability associated with
that goodwill. The proposed change
would effectively reduce the amount of
goodwill that a banking organization
must deduct from tier 1 capital and
would reflect a banking organization’s
maximum exposure to loss in the event
that such goodwill is impaired or
derecognized for financial reporting
purposes.
Comments must be received on
or before October 30, 2008.
ADDRESSES: Comments should be
directed to:
OCC: Because paper mail in the
Washington, DC area and at the OCC is
subject to delay, commenters are
encouraged to submit comments by the
Federal eRulemaking Portal or e-mail, if
possible. Please use the title ‘‘Capital
Adequacy Guidelines; Deduction of
Goodwill Net of Associated Deferred
Tax Liability’’ to facilitate the
organization and distribution of the
comments. You may submit comments
by any of the following methods:
• Federal eRulemaking Portal—
‘‘Regulations.gov’’: Go to https://
www.regulations.gov, under the ‘‘More
Search Options’’ tab click next to the
‘‘Advanced Docket Search’’ option
where indicated, select ‘‘Comptroller of
the Currency’’ from the agency dropdown menu, then click ‘‘Submit.’’ In the
‘‘Docket ID’’ column, select ‘‘OCC–
2008–0014’’ to submit or view public
comments and to view supporting and
related materials for this notice of
proposed rulemaking. The ‘‘How to Use
This Site’’ link on the Regulations.gov
DATES:
12 CFR Part 3
4. Amend § 762.124 by revising
paragraphs (a)(2) and (a)(3) to read as
follows:
Minimum Capital Ratios; Capital
Adequacy Guidelines; Capital
Maintenance; Capital: Deduction of
Goodwill Net of Associated Deferred
Tax Liability
FEDERAL RESERVE SYSTEM
12 CFR Parts 208 and 225
[Regulations H and Y; Docket No. R–1329]
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Part 325
RIN 3064–AD32
DEPARTMENT OF THE TREASURY
Office of Thrift Supervision
12 CFR Part 567
[Docket No. OTS–2008–0010]
RIN 1550–AC22
PO 00000
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E:\FR\FM\30SEP1.SGM
30SEP1
Agencies
[Federal Register Volume 73, Number 190 (Tuesday, September 30, 2008)]
[Proposed Rules]
[Pages 56754-56756]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22871]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 /
Proposed Rules
[[Page 56754]]
DEPARTMENT OF AGRICULTURE
Farm Service Agency
7 CFR Parts 761 and 762
RIN 0560-AH66
Maximum Interest Rates on Guaranteed Farm Loans
AGENCY: Farm Service Agency, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Farm Service Agency (FSA) is proposing to amend its
guaranteed farm loan program regulations governing interest rates to
increase clarity and to be more consistent with other government loan
guarantee programs. FSA is proposing to tie the maximum interest rate
that may be charged on FSA guaranteed farm loans to nationally
published indices such as the Wall Street Journal Prime (also known as
New York Prime), or the 10-year Treasury note rate unless the lender
uses a formal written risk-based pricing model for loans, in which case
the rate will be the rate charged to moderate risk borrowers. This
proposed rule specifically asks for comments on the index to be used
and the maximum allowable spread between the base rate and the rate to
be charged to FSA guaranteed borrowers.
DATES: We will consider comments that we receive by December 1, 2008.
ADDRESSES: We invite you to submit comments on this proposed rule. In
your comment, include the volume, date, and page number of this issue
of the Federal Register. You may submit comments by any of the
following methods:
E-Mail: Trent.Rogers@wdc.usda.gov.
Fax: (202) 720-6797.
Mail: Director, Loan Making Division, Farm Service Agency,
U.S. Department of Agriculture, 1400 Independence Avenue, SW., Stop
0522, Washington, DC 20250-0522.
Hand Delivery or Courier: Deliver comments to Farm Service
Agency, Loan Making Division, 1280 Maryland Ave., SW., Suite 240,
Washington, DC 20024.
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting
comments.
Comments may be inspected in the Office of the Director, Loan
Making Division, Farm Services Agency, USDA, Suite 240, 1280 Maryland
Ave., SW., Washington, DC 20024, between 8 a.m. and 4:30 p.m., except
holidays.
FOR FURTHER INFORMATION CONTACT: Trent Rogers, Senior Loan Officer,
Loan Making Division, Farm Service Agency; telephone: (202) 720-3889;
facsimile: (202) 720-6797; e-mail: Trent.Rogers@wdc.usda.gov. Persons
with disabilities or who require alternative means for communications
should contact the USDA Target Center at (202) 720-2600 (voice and
TDD).
SUPPLEMENTARY INFORMATION:
Background
FSA guaranteed loans are a means of providing credit to farmers
whose financial risk exceeds a level acceptable to commercial lenders.
The guarantee reduces the lender's risk of default and loss, and thus
the lender's credit cost. FSA believes that part of the intent of the
program is for the borrower to receive the benefit of the reduction in
the lender's credit cost in the form of a lower interest rate.
The existing regulation, 7 CFR 762.124(a)(3), limits the interest
rate that a lender may charge guaranteed loan customers to a rate that
does not exceed the rate charged to its ``average agricultural loan
customers'' as defined in Sec. 761.2. Currently, 7 CFR 762.124(a)(2)
states that variable rates, if used, may change according to the normal
practices of the lender for its average agricultural loan customer, but
the frequency of change must be specific in the loan instrument. Some
lenders have indicated that the term ``average agricultural loan
customer'' is overly vague and have encouraged the agency to review its
current interest rate policy. FSA proposes to clarify this section of
the regulations to simplify compliance for stakeholders by setting a
maximum rate based on certain widely published indices, while
permitting the continued use of risk-based pricing models for lenders
that prefer that approach.
The agriculture credit industry continues to undergo rapid
transformation in response to the impact of technology and
globalization of financial markets. FSA's current interest rate
policies that are tied to the rate of an average customer are no longer
consistent with industry pricing practices that generally consider the
anticipated risks, costs, market competition, and terms of the loan or
with the practices of other government agencies that administer similar
programs. For example, the Small Business Administration has imposed
rate ceilings which are linked to the ``prime'' rate or other index,
depending on loan size, terms, and rate structure.
FSA believes that the FSA guarantee compensates the lender for much
of the lender's risk of loss and that the interest rate charged by the
lender to the producer should reflect that reduced risk. The changes
proposed are consistent with that policy. In this rule FSA is proposing
to eliminate the term ``average agricultural loan customer'' from 7 CFR
762.124(a)(2) and (3). FSA proposes new interest rate limits based on
widely recognized indices, which will provide simple, clear limits
rather than an ``average'' customer. For lenders who use a formal
written risk-based pricing model for loans, the option to use the rate
charged to moderate risk borrowers will still be included in the
regulation.
FSA has selected the indices that it believes most accurately
represent current rates. FSA has conducted an analysis of its guarantee
portfolio and the rates lenders have charged their agricultural loan
customers since 1999 in order to identify a correlation between these
rates and a published index. That analysis indicated that the 10-year
Treasury note rate was the index that most closely tracked farm real
estate loans and Wall Street Journal prime was the index that most
closely tracked short and intermediate term loans. The rate for 10 year
Treasury notes is the yield on 10 year Treasury notes issued by the
U.S. Department of the Treasury through the Bureau of Public Debt. The
Wall Street Journal prime is the rate that at least 23 of the 30
largest U.S. banks charge for corporate loans, as published in the
print edition of the Wall Street Journal. It is sometimes called the
New York Prime rate.
The average rate charged on guaranteed Farm Ownership (FO) loans
[[Page 56755]]
since 1999 was 291 basis points (2.91 percent) over the 10-year
Treasury rate. FSA proposes to limit the interest rate charged on
guaranteed FO loans to no more than 350 basis points (3.5 percent) over
the 10-year Treasury rate. Of the FO loans made since 1999, most would
have met this interest rate limit, had it been in effect.
The average rate charged on guaranteed Operating Loans (OL) during
the same time period was New York Prime plus 195 basis points (1.95
percent). FSA proposes to limit the guaranteed OL interest rate to no
more than 250 basis points (2.5 percent) over the New York Prime rate.
Had the proposed interest rate limit been in effect, most of the
guaranteed OLs made since 1999 would have met this limit. These limits
will apply to both fixed and variable rate guaranteed loans and lines
of credit.
FSA realizes that financial markets can be very volatile and that
lenders use various methodologies to manage their funding sources. This
proposal does not require that the lender tie its guaranteed loan
interest rates to these indices, nor does it require that the rate
remain below these maximums throughout the term of the loan. It only
sets the maximum rate that may be charged to the customer at the time
of loan origination. In addition, to ensure that the benefit of the
guarantee is passed on to borrowers in financial distress, these
interest rate limits will apply to guaranteed loans at such time that
they are restructured, too. FSA is specifically requesting comments on
the suitability of using these indices or recommendations for another
index, such as a London Inter Bank Offered Rate (known as LIBOR), or
the Farmer Mac II cost of funds index or alternative methodologies for
setting maximum interest rates.
FSA also realizes that some lenders have well developed risk based
pricing models and are able to document how the interest rate on a
guaranteed loan reflects the reduced risk of loss due to the guarantee.
FSA is proposing to continue to permit such lenders to price guaranteed
loans at a rate not exceeding the rate charged to their typical,
moderate risk agricultural loan customer. The rate charged this
customer would be limited to no more than the highest interest rate for
the tier of the lender's risk rating matrix that reflects moderate
risk. This would typically be the lender's middle tier, or for those
lenders with an even number of tiers, a rate no higher than an average
of the lender's two middle tiers. If such tier had a range of interest
rates, the maximum rate permitted would be the highest rate for that
tier. Specific comments are requested to further define this moderate
risk agricultural loan rate. The lender will be required to provide the
Agency with their pricing model.
Again, FSA is inviting comments that will address the indices to be
used, as well as the maximum yield spreads. FSA is attempting to adhere
to current lending standards, propose changes that will provide clear
and straightforward guidance for lenders to improve lender compliance,
allow guaranteed loan borrowers to receive the benefit resulting from
the reduced risk of loss with a guarantee, and to promote active
competition among lenders. FSA proposes to reserve the right to change
the maximum rates on a temporary basis by Federal Register notice to
ensure liquidity in the farm loan market, as determined in consultation
with the Department of the Treasury, in response to conditions that
result in large interest rate changes or term structure changes.
Examples of these conditions include increased loan losses in the
sector or significant changes in the yield curve.
Executive Order 12866
This rule has been designated as not significant under Executive
Order 12866 and has not been reviewed by the Office of Management and
Budget.
Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601,
FSA certifies that there would not be a significant economic impact on
a substantial number of small entities. This rule is not expected to
change the ability of applicants, borrowers, or lenders to receive FSA
guaranteed loans, and would not increase the costs of compliance with
the program. Further, all applicants or borrowers affected by this
change are small, but no lenders are considered small entities. Changes
will be applied to all affected entities equally, however, without
regard to their size.
Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
establishes requirements for Federal agencies to assess the effects of
their regulatory actions on State, local, and tribal governments and
the private sector. This rule contains no Federal mandates (under the
regulatory provisions of title II of the UMRA) for State, local, and
tribal governments or the private sector. Therefore, this rule is not
subject to the requirements of sections 202 and 205 of the UMRA.
Executive Order 12612
It has been determined under section 6(a) of Executive Order 12612,
Federalism, that this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment. The
provisions contained in this rule will not have a substantial direct
effect on States or their political subdivisions or on the distribution
of power and responsibilities among the various levels of government.
Executive Order 12372
These regulations are not subject to the provisions of Executive
Order 12372, which require intergovernmental consultation with State
and local officials. See the notice related to 7 CFR part 3015, subpart
V, published at 48 FR 29115, June 24, 1983.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, on Civil
Justice Reform. The provisions of this rule are not retroactive. The
provisions of this rule preempt State and local laws to the extent such
State and local laws are inconsistent. Generally, all administrative
appeal provisions, including those published at 7 CFR part 11, must be
exhausted before any action for judicial review may be brought in
connection with the matters that are the subject of this rule.
Environmental Evaluation
The environmental impacts of this rule have been considered in a
manner consistent with the provisions of the National Environmental
Policy Act (NEPA), 42 U.S.C. 4321-4347, the regulations of the Council
on Environmental Quality, 40 CFR parts 1500-1508, and the FSA
regulations for compliance with NEPA (7 CFR 799 and 7 CFR part 1940,
subpart G). FSA concluded that this rule will not have a significant
impact on the quality of the human environment either individually or
cumulatively and therefore is categorically excluded and not subject to
environmental assessments or environmental impact statements in
accordance with 7 CFR 1940.310(e)(3).
Paperwork Reduction Act of 1995
The information collections to which this rule applies have been
reviewed by OMB under the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35), approved, and assigned OMB control number 0560-0155. This
rule involves no change to the currently approved collection of
information.
[[Page 56756]]
E-Government Act Compliance
FSA 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 citizen access to Government information
and services, and for other purposes.
List of Subjects
7 CFR Part 761
Accounting, Loan programs--agriculture, Rural areas.
7 CFR Part 762
Agriculture, Credit, Loan programs--agriculture, Grant programs--
agriculture, Reporting and recordkeeping requirements.
For the reasons set out in the preamble, 7 CFR parts 761 and 762
are proposed to be amended as follows:
PART 761--GENERAL PROGRAM ADMINISTRATION
1. The authority citation for part 761 continues to read as
follows:
Authority: 5 U.S.C. 301 and 7 U.S.C. 1989.
Sec. 761.2 [Amended]
2. In Sec. 761.2(b), remove the definition of ``average
agricultural loan customer.''
PART 762--GUARANTEED FARM LOANS
3. The authority citation for part 762 continues to read as
follows:
Authority: 5 U.S.C. 301, 7 U.S.C. 1989.
4. Amend Sec. 762.124 by revising paragraphs (a)(2) and (a)(3) to
read as follows:
Sec. 762.124 Interest rate, terms, charges, and fees.
(a) * * *
(2) If a variable rate is used, it must be tied to an index or rate
specifically agreed to between the lender and borrower in the loan
instruments and the rate adjustments must be in accordance with normal
practices of the lender for unguaranteed loans. Upon request, the
lender must provide the Agency with copies of written rate adjustment
practices.
(3) At loan closing and at the time of loan restructuring, the
interest rate on the guaranteed portion and the unguaranteed portion of
a fixed or variable rate loan may not exceed the following, as
applicable:
(i) For lenders utilizing a pricing model based on loan risk, the
highest interest rate for tier of the lender's risk rating matrix that
reflects moderate risk. The lender must provide the Agency with this
pricing model.
(ii) For lenders without a risk based pricing model, the 10-year
Treasury rate plus 350 basis points for FO and the New York Prime (as
published in the Wall Street Journal) plus 250 basis points for OL. In
the event of extraordinary conditions resulting in large interest rate
changes or term structure changes, the Agency may temporarily set a
different maximum rate under this paragraph as determined in
consultation with the Department of the Treasury; and
* * * * *
5. Amend Sec. 762.150 by revising paragraph (g) to read as
follows:
Sec. 762.150 Interest Assistance Program.
* * * * *
(g) Rate of Interest. The lender interest rate will be set
according to Sec. 762.124(a).
* * * * *
Signed at Washington, DC, on September 24, 2008.
Glen L. Keppy,
Acting Administrator, Farm Service Agency.
[FR Doc. E8-22871 Filed 9-29-08; 8:45 am]
BILLING CODE 3410-05-P