Farm Credit Administration Board Meetings; Assessment and Apportionment of Administrative Expenses; Standards of Conduct and Referral of Known or Suspected Criminal Violations; Loan Policies and Operations; Funding and Fiscal Affairs, Loan Policies and Operations, and Funding Operations; General Provisions; and Title IV Conservators, Receivers, and Voluntary Liquidations; Technical Changes, 35966-35968 [2010-15327]
Download as PDF
35966
Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Rules and Regulations
§ 1774.19 Applications determined
ineligible.
FARM CREDIT ADMINISTRATION
If at any time an application is
determined ineligible, the processing
office will notify the applicant in
writing of the reasons. The notification
to the applicant will state that an appeal
of this decision may be made by the
applicant under 7 CFR part 11.
12 CFR Parts 604, 607, 612, 614, 615,
618, and 627
§ 1774.17
cprice-sewell on DSK8KYBLC1PROD with RULES
(1) ‘‘Water and Waste Project
Information Summary’’;
(2) Form RD 442–3, ‘‘Balance Sheet’’
or a financial statement or audit that
includes a balance sheet;
(3) Letter of Conditions;
(4) Form RD 1942–46, ‘‘Letter of Intent
to Meet Conditions’’;
(5) Form RD 1940–1, ‘‘Request for
Obligation of Funds’’;
Any processing or servicing activity
conducted pursuant to this part
involving authorized assistance to Rural
Development employees with Water and
Environmental Programs responsibility,
members of their families, known close
relatives, or business or close personal
associates, is subject to the provisions of
subpart D of part 1900 of this title.
Applicants of this assistance are
required to identify any known
relationship or association with an RUS
employee.
Grant closing and disbursement.
(a) Grant closing. RUS Bulletin 1780–
12 ‘‘Water or Waste System Grant
Agreement’’ will be completed and
executed in accordance with the
requirements of grant approval. The
grant will be considered closed when
RUS Bulletin 1780–12 has been
properly executed. Processing officials
or Approval officials are authorized to
sign the grant agreement on behalf of
RUS.
(b) Grant disbursements. Agency
policy is not to disburse grant funds
from the Treasury until they are actually
needed by the applicant. If an approved
grant includes applicant or other
contributions, then these funds will be
disbursed before the disbursal of any
Agency grant funds.
(c) Payment for project costs. Project
costs will be monitored by the RUS
processing office. Invoices will be
approved by the borrower and
submitted to the Processing Official for
concurrence. The review and
acceptance of project costs by the
Agency does not attest to the correctness
of the amounts, the quantities shown or
that the work has been performed under
the terms of the agreements or contracts.
(d) Use of remaining funds. Funds
remaining after all costs incident to the
basic project have been paid or provided
for will not include applicant
contributions if SEARCH grants funds
are financing less than 100 percent of
the project. Funds remaining may be
considered in direct proportion to the
amounts obtained from each source.
Remaining funds will be handled as
follows:
(1) Remaining funds may be used for
eligible grant purposes as described in
1774.14 of this subpart, or
(2) Grant funds not expended will be
canceled. Prior to the actual
cancellation, the borrower, its attorney
and its engineer will be notified of RUS’
intent to cancel the remaining funds.
§ 1774.20
Conflict of Interest.
§§ 1774.21–1774.23
§ 1774.24
[Reserved]
Exception authority.
The Administrator may, in individual
cases, make an exception to any
requirement or provision of this part
which is not inconsistent with the
authorizing statute or other applicable
law and is determined to be in the
Government’s interest. Requests for
exceptions must be made in writing by
the State Director and supported with
documentation to explain the adverse
effect on the Government’s interest,
propose alternative course(s) of action,
and show how the adverse affect will be
eliminated or minimized if the
exception is granted. The exception
decision will be documented in writing,
signed by the Administrator, and
retained in the files.
§ 1774.25–1774.99
§ 1774.100
[Reserved]
OMB Control Number.
The information collection
requirements in this part will not be
effective until approved by the Office of
Management and Budget (OMB), subject
to the submission of a paperwork
package to OMB and assigned an OMB
Control Number.
Dated: May 10, 2010.
Jonathan Adelstein,
Administrator, Rural Utilities Service.
[FR Doc. 2010–15265 Filed 6–23–10; 8:45 am]
§ 1774.18 Reporting requirements,
accounting methods and audits.
BILLING CODE 3410–15–P
All Agency grantees will follow the
reporting requirements as outlined in 7
CFR 1780.47.
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Farm Credit Administration Board
Meetings; Assessment and
Apportionment of Administrative
Expenses; Standards of Conduct and
Referral of Known or Suspected
Criminal Violations; Loan Policies and
Operations; Funding and Fiscal
Affairs, Loan Policies and Operations,
and Funding Operations; General
Provisions; and Title IV Conservators,
Receivers, and Voluntary Liquidations;
Technical Changes
Farm Credit Administration.
ACTION: Direct final rule.
AGENCY:
SUMMARY: The Farm Credit
Administration (FCA or Agency)
amends the current regulations in parts
604, 607, 612, 614, 615, 618, and 627 to
eliminate unnecessary, redundant or
outdated regulations, to correct crossreference errors, and to clarify the intent
of a regulatory provision. This direct
final rule covers issues that are
technical in nature.
DATES: If no significant adverse
comment is received on or before July
26, 2010, these regulations shall be
effective upon the expiration of 30 days
after publication in the Federal Register
during which either or both Houses of
Congress are in session. We will publish
notice of the effective date in the
Federal Register. If we receive
significant adverse comment on an
amendment, paragraph, or section of
this rule, and that provision may be
addressed separately from the
remainder of the rule, we will withdraw
that amendment, paragraph, or section
and adopt as final those provisions of
the rule that are not the subject of a
significant comment. In such a case, we
would then inform you of how we
expect to continue further rulemaking
on the provisions that were the subject
of significant adverse comment.
FOR FURTHER INFORMATION CONTACT:
Jacqueline R. Melvin, Policy Analyst,
Office of Regulatory Policy, Farm
Credit Administration, McLean, VA
22102–5090, (703) 883–4498, TTY
(703) 883–4434, or
Mary Alice Donner, Senior Attorney,
Office of General Counsel, Farm
Credit Administration, McLean, VA
22102–5090, (703) 883–4020, TTY
(703) 883–4020.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Rules and Regulations
I. Objective
The objective of this direct final rule
is to carry out the FCA Board’s
commitment to the principles contained
in the Board’s Policy Statement on
Regulatory Philosophy,1 which includes
the elimination of outdated regulations
and technical amendments to ensure
that regulations are accurate. In
furtherance of this objective, the Agency
is making a number of technical changes
to its regulations.
II. Section-by-Section Analysis
A. Section 604.420(i)(1)—Farm Credit
Administration Board Meetings;
§ 607.2(j)—Assessment and
Apportionment of Administrative
Expenses; § 612.2300(a)—Standards of
Conduct and Referral of Known or
Suspected Criminal Violations;
§§ 615.5030(b) and 615.5560—Funding
and Fiscal Affairs, Loan Policies and
Operations, and Funding Operations;
and § 627.2705(b)—Title IV
Conservators, Receivers, and Voluntary
Liquidations
In each of the above-listed sections,
the direct final rule eliminates obsolete
references or deletes obsolete
regulations that directly or indirectly
relate to either the Farm Credit System
Assistance Board (Assistance Board) or
the Farm Credit System Financial
Assistance Corporation (Financial
Assistance Corporation or FAC). The
Assistance Board’s charter was
cancelled by the FCA Board, effective
December 31, 1992, as required by
section 6.12 of the Farm Credit Act of
1971, as amended (Act). In addition, the
Financial Assistance Corporation’s
charter was cancelled by the FCA Board
on December 31, 2006.
cprice-sewell on DSK8KYBLC1PROD with RULES
B. Section 614.4265(d)(Subpart F)—
Collateral Evaluation Requirements
The direct final rule amends
§ 614.4265(d) to correctly reference
paragraph (c) of that section regarding
the evaluation of the income-earning
and debt-servicing capacity for real
property.
C. Sections 614.4510, 614.4512, and
614.4513 (Subpart N)—Loan Servicing
Requirements; State Agricultural Loan
Mediation Programs; Right of First
Refusal
We previously removed §§ 614.4514
through 614.4522 of subpart N, part 614,
and redesignated them to the newly
created part 617 to make the borrower
rights rules more readily identifiable;
however, we overlooked §§ 614.4510,
614.4512 and 614.4513 in the
1 See
70 FR 71142, November 25, 2005.
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relocation.2 Therefore, this direct final
rule redesignates the remaining
regulations, § 614.4510 and § 614.4513
of subpart N, part 614, to § 614.4170 and
§ 614.4175 of subpart D, part 614. In
addition, the definitions in subpart N,
part 614, in § 614.4512 are redundant
and are removed.
D. Section 618.8320 (Subpart G)—
Releasing Information
The direct final rule amends
§ 618.8320(b)(4) by inserting the phrase
‘‘, administration of credit,’’ after
‘‘extension of credit’’. This is a technical
change that does not alter the intended
meaning of the provision but clarifies
that borrower information that is shared
in connection with the extension of
credit and the collection of loans would
also necessarily include the
administration of credit for the
confidential use of Farm Credit System
(System) institutions.
E. Section 627.2735 (Subpart B)—Notice
to Holders of Uninsured Accounts and
Stockholders
The direct final rule amends
§ 627.2735(a) by deleting the reference
to § 614.4513 and replacing it with
§ 614.4175 to conform to the
redesignation of that provision
described in part C of this preamble.
III. Direct Final Rule
We are amending regulations
described in the ‘‘Section-by-Section
Analysis’’ above by a direct final
rulemaking. The Administrative
Conference of the United States
recommends direct final rulemaking for
Federal agencies to enact
noncontroversial regulations on an
expedited basis, without the usual
notice and comment period.3 This
process enables us to reduce the time
and resources we need to develop,
review, and publish a final rule while
still affording the public an adequate
opportunity to comment or object to the
rule.
In a direct final rulemaking, we notify
the public that the rule will become
final on a specified date unless we
receive a significant adverse comment
during the comment period. A
significant adverse comment is one
where the commenter explains why the
rule would be inappropriate (including
challenges to its underlying premise or
approach), ineffective, or unacceptable
without a change. In general, a
significant adverse comment would
2 See
69 FR 10901, March 9, 2004.
95–4, referencing the
Administrative Procedure Act ‘‘good cause’’
exemption at 5 U.S.C. 553(b)(B), adopted June 15,
1995.
3 Recommendation
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35967
raise an issue serious enough to warrant
a substantive response from the Agency
in a notice-and-comment proceeding.
We believe that a direct final
rulemaking is the appropriate method
for amending the regulations in Section
II above because the changes are
technical in nature and do not
substantively alter the rights or
responsibilities of any party. We do not
anticipate there will be significant
adverse comments. If, however, we
receive a significant adverse comment
during the comment period, we will
publish a notice of withdrawal of the
relevant provisions of this rule that will
also indicate how further rulemaking
will proceed. If we receive no
significant adverse comments, we will
publish notice of the effective date of
the rule following the required
Congressional waiting period under
section 5.17(c)(1) of the Farm Credit Act
of 1971, as amended.
IV. Regulatory Flexibility Act
Pursuant to section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.), the FCA hereby certifies that the
direct final rule will not have a
significant economic impact on a
substantial number of small entities.
Each of the banks in the System,
considered together with its affiliated
associations, has assets and annual
income in excess of the amounts that
would qualify them as small entities.
Therefore, System institutions are not
‘‘small entities’’ as defined in the
Regulatory Flexibility Act.
List of Subjects in 12 CFR Parts 604,
607, 612, 614, 615, 618, and 627
Accounting, Agriculture, Archives
and records, Banks, Banking, Claims,
Conflict of interest, Credit, Crime,
Foreign trade, Government securities,
Insurance, Investigations, Investments,
Organization and functions
(Government agencies), Reporting and
recordkeeping requirements, Rural
areas, Sunshine Act, Technical
assistance.
For the reasons stated in the preamble,
parts 604, 607, 612, 614, 615, 618, and
627 of chapter VI, title 12 of the Code
of Federal Regulations are amended as
follows:
■
PART 604—FARM CREDIT
ADMINISTRATION BOARD MEETINGS
1. The authority citation for part 604
continues to read as follows:
■
Authority: Secs. 5.9, 5.17 of the Farm
Credit Act (12 U.S.C. 2243, 2252).
2. Amend § 604.420 by revising
paragraph (i)(1) to read as follows:
■
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Federal Register / Vol. 75, No. 121 / Thursday, June 24, 2010 / Rules and Regulations
§ 604.420
Exemptive provisions.
*
*
*
*
*
(i) * * *
(1) Significantly endanger the stability
of any Farm Credit System institution,
including banks, associations, service
organizations, or the Funding
Corporation; or
*
*
*
*
*
Subpart F—Collateral Evaluation
Requirements
the phrase ‘‘extension of credit’’ in
paragraph (b)(4).
§ 614.4265
PART 627—TITLE IV CONSERVATORS,
RECEIVERS, AND VOLUNTARY
LIQUIDATIONS
[Amended]
8. Section 614.4265(d) is amended by
removing the reference to ‘‘paragraph
(d)’’ and adding in its place, a reference
to ‘‘paragraph (c).’’
■
Subpart I—Loss-Sharing Agreements
Authority: Secs. 4.2, 5.9, 5.10, 5.17, 5.51,
5.58, 5.61 of the Farm Credit Act (12 U.S.C.
2183, 2243, 2244, 2252, 2277a, 2277a–7,
2277a–10).
PART 607—ASSESSMENT AND
APPORTIONMENT OF
ADMINISTRATIVE EXPENSES
§ 614.4341
Subpart N—[Removed and Reserved]
Subpart A—General
■
3. The authority citation for part 607
continues to read as follows:
§§ 614.4510 and 614.4513
[Redesignated
as §§ 614.4170 and 614.4175 of subpart D]
■
Authority: Secs. 5.15, 5.17 of the Farm
Credit Act (12 U.S.C. 2250, 2252) and 12
U.S.C. 3025.
■
§ 607.2
■
9. Section 614.4341 is removed.
10. Subpart N is amended by
redesignating §§ 614.4510 and 614.4513
as newly designated §§ 614.4170 and
614.4175 in subpart D of part 614,
removing § 614.4512, and reserving
subpart N.
[Amended]
4. Amend § 607.2 by removing the
words ‘‘the Farm Credit System
Financial Assistance Corporation,’’ in
paragraph (j).
■
PART 615—FUNDING AND FISCAL
AFFAIRS, LOAN POLICIES AND
OPERATIONS, AND FUNDING
OPERATIONS
PART 612—STANDARDS OF
CONDUCT AND REFERRAL OF
KNOWN OR SUSPECTED CRIMINAL
VIOLATIONS
11. The authority citation for part 615
continues to read as follows:
■
5. The authority citation for part 612
continues to read as follows:
■
Authority: Secs. 5.9, 5.17, 5.19 of the Farm
Credit Act (12 U.S.C. 2243, 2252, 2254).
Subpart B—Referral of Known or
Suspected Criminal Violations
§ 612.2300
[Removed]
16. The authority citation for part 627
continues to read as follows:
■
[Amended]
6. Amend § 612.2300 by removing the
words ‘‘the Farm Credit System
Financial Assistance Corporation,’’ in
the first sentence of paragraph (a).
■
PART 614—LOAN POLICIES AND
OPERATIONS
Authority: Secs. 1.5, 1.7, 1.10, 1.11, 1.12,
2.2, 2.3, 2.4, 2.5, 2.12, 3.1, 3.7, 3.11, 3.25, 4.3,
4.3A, 4.9, 4.14B, 4.25, 5.9, 5.17, 6.20, 6.26,
8.0, 8.3, 8.4, 8.6, 8.8, 8.10, 8.12 of the Farm
Credit Act (12 U.S.C. 2013, 2015, 2018, 2019,
2020, 2073, 2074, 2075, 2076, 2093, 2122,
2128, 2132, 2146, 2154, 2154a, 2160, 2202b,
2211, 2243, 2252, 2278b, 2278b–6, 2279aa,
2279aa–3, 2279aa–4, 2279aa–6, 2279aa–8,
2279aa–10, 2279aa–12); sec. 301(a) of Pub. L.
100–233, 101 Stat. 1568, 1608.
17. Section 627.2705 is amended by
revising paragraph (b) to read as follows:
§ 627.2705
Definitions.
*
*
*
*
*
(b) Farm Credit institution(s) or
institution(s) means all associations,
banks, service corporations chartered
under title IV of the Act, and the Federal
Farm Credit Banks Funding
Corporation.
*
*
*
*
*
Subpart B—Receivers and
Receiverships
§ 627.2735
[Amended]
18. Section 627.2735(a) is amended by
removing the reference ‘‘§ 614.4513’’ and
adding in its place, the reference
‘‘§ 614.4175’’.
■
Dated: June 18, 2010.
Roland E. Smith,
Secretary, Farm Credit Administration Board.
[FR Doc. 2010–15327 Filed 6–23–10; 8:45 am]
BILLING CODE 6705–01–P
Subpart A—Funding
§ 615.5030
[Amended]
12. Amend § 615.5030 by removing
paragraph (b) and the designation for
paragraph (a).
■
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Subpart R—[Removed and Reserved]
7. The authority citation for part 614
continues to read as follows:
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■
12:53 Jun 23, 2010
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13. Subpart R, consisting of
§ 615.5560, is removed and reserved.
[Docket No. USCG–2010–0332]
■
Authority: 42 U.S.C. 4012a, 4104a, 4104b,
4106, and 4128; secs. 1.3, 1.5, 1.6, 1.7, 1.9,
1.10, 1.11, 2.0, 2.2, 2.3, 2.4, 2.10, 2.12, 2.13,
2.15, 3.0, 3.1, 3.3, 3.7, 3.8, 3.10, 3.20, 3.28,
4.12, 4.12A, 4.13B, 4.14, 4.14A, 4.14C, 4.14D,
4.14E, 4.18, 4.18A, 4.19, 4.25, 4.26, 4.27,
4.28, 4.36, 4.37, 5.9, 5.10, 5.17, 7.0, 7.2, 7.6,
7.8, 7.12, 7.13, 8.0, 8.5 of the Farm Credit Act
(12 U.S.C. 2011, 2013, 2014, 2015, 2017,
2018, 2019, 2071, 2073, 2074, 2075, 2091,
2093, 2094, 2097, 2121, 2122, 2124, 2128,
2129, 2131, 2141, 2149, 2183, 2184, 2201,
2202, 2202a, 2202c, 2202d, 2202e, 2206,
2206a, 2207, 2211, 2212, 2213, 2214, 2219a,
2219b, 2243, 2244, 2252, 2279a, 2279a-2,
2279b, 2279c–1, 2279f, 2279f–1, 2279aa,
2279aa–5); sec. 413 of Pub. L. 100–233, 101
Stat. 1568, 1639.
VerDate Mar<15>2010
33 CFR Part 165
PART 618—GENERAL PROVISIONS
14. The authority citation for part 618
continues to read as follows:
■
Authority: Secs. 1.5, 1.11, 1.12, 2.2, 2.4,
2.5, 2.12, 3.1, 3.7, 4.12, 4.13A, 4.25, 4.29, 5.9,
5.10, 5.17 of the Farm Credit Act (12 U.S.C.
2013, 2019, 2020, 2073, 2075, 2076, 2093,
2122, 2128, 2183, 2200, 2211, 2218, 2243,
2244, and 2252).
Subpart G—Releasing Information
§ 618.8320
[Amended]
15. Amend § 618.8320 by adding the
phrase ‘‘, administration of credit,’’ after
■
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RIN 1625–AA00
Safety Zone; Fireworks Display in
Stevenson, WA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The U.S. Coast Guard is
establishing a temporary safety zone
covering the waters of the Columbia
River in the vicinity of Stevenson,
Washington. The safety zone is
necessary to help ensure the safety of
the maritime public during the
fireworks display and will do so by
prohibiting all persons and vessels from
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Agencies
[Federal Register Volume 75, Number 121 (Thursday, June 24, 2010)]
[Rules and Regulations]
[Pages 35966-35968]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15327]
=======================================================================
-----------------------------------------------------------------------
FARM CREDIT ADMINISTRATION
12 CFR Parts 604, 607, 612, 614, 615, 618, and 627
RIN 3052-AC63
Farm Credit Administration Board Meetings; Assessment and
Apportionment of Administrative Expenses; Standards of Conduct and
Referral of Known or Suspected Criminal Violations; Loan Policies and
Operations; Funding and Fiscal Affairs, Loan Policies and Operations,
and Funding Operations; General Provisions; and Title IV Conservators,
Receivers, and Voluntary Liquidations; Technical Changes
AGENCY: Farm Credit Administration.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Farm Credit Administration (FCA or Agency) amends the
current regulations in parts 604, 607, 612, 614, 615, 618, and 627 to
eliminate unnecessary, redundant or outdated regulations, to correct
cross-reference errors, and to clarify the intent of a regulatory
provision. This direct final rule covers issues that are technical in
nature.
DATES: If no significant adverse comment is received on or before July
26, 2010, these regulations shall be effective upon the expiration of
30 days after publication in the Federal Register during which either
or both Houses of Congress are in session. We will publish notice of
the effective date in the Federal Register. If we receive significant
adverse comment on an amendment, paragraph, or section of this rule,
and that provision may be addressed separately from the remainder of
the rule, we will withdraw that amendment, paragraph, or section and
adopt as final those provisions of the rule that are not the subject of
a significant comment. In such a case, we would then inform you of how
we expect to continue further rulemaking on the provisions that were
the subject of significant adverse comment.
FOR FURTHER INFORMATION CONTACT:
Jacqueline R. Melvin, Policy Analyst, Office of Regulatory Policy, Farm
Credit Administration, McLean, VA 22102-5090, (703) 883-4498, TTY (703)
883-4434, or
Mary Alice Donner, Senior Attorney, Office of General Counsel, Farm
Credit Administration, McLean, VA 22102-5090, (703) 883-4020, TTY (703)
883-4020.
SUPPLEMENTARY INFORMATION:
[[Page 35967]]
I. Objective
The objective of this direct final rule is to carry out the FCA
Board's commitment to the principles contained in the Board's Policy
Statement on Regulatory Philosophy,\1\ which includes the elimination
of outdated regulations and technical amendments to ensure that
regulations are accurate. In furtherance of this objective, the Agency
is making a number of technical changes to its regulations.
---------------------------------------------------------------------------
\1\ See 70 FR 71142, November 25, 2005.
---------------------------------------------------------------------------
II. Section-by-Section Analysis
A. Section 604.420(i)(1)--Farm Credit Administration Board Meetings;
Sec. 607.2(j)--Assessment and Apportionment of Administrative
Expenses; Sec. 612.2300(a)--Standards of Conduct and Referral of Known
or Suspected Criminal Violations; Sec. Sec. 615.5030(b) and 615.5560--
Funding and Fiscal Affairs, Loan Policies and Operations, and Funding
Operations; and Sec. 627.2705(b)--Title IV Conservators, Receivers,
and Voluntary Liquidations
In each of the above-listed sections, the direct final rule
eliminates obsolete references or deletes obsolete regulations that
directly or indirectly relate to either the Farm Credit System
Assistance Board (Assistance Board) or the Farm Credit System Financial
Assistance Corporation (Financial Assistance Corporation or FAC). The
Assistance Board's charter was cancelled by the FCA Board, effective
December 31, 1992, as required by section 6.12 of the Farm Credit Act
of 1971, as amended (Act). In addition, the Financial Assistance
Corporation's charter was cancelled by the FCA Board on December 31,
2006.
B. Section 614.4265(d)(Subpart F)--Collateral Evaluation Requirements
The direct final rule amends Sec. 614.4265(d) to correctly
reference paragraph (c) of that section regarding the evaluation of the
income-earning and debt-servicing capacity for real property.
C. Sections 614.4510, 614.4512, and 614.4513 (Subpart N)--Loan
Servicing Requirements; State Agricultural Loan Mediation Programs;
Right of First Refusal
We previously removed Sec. Sec. 614.4514 through 614.4522 of
subpart N, part 614, and redesignated them to the newly created part
617 to make the borrower rights rules more readily identifiable;
however, we overlooked Sec. Sec. 614.4510, 614.4512 and 614.4513 in
the relocation.\2\ Therefore, this direct final rule redesignates the
remaining regulations, Sec. 614.4510 and Sec. 614.4513 of subpart N,
part 614, to Sec. 614.4170 and Sec. 614.4175 of subpart D, part 614.
In addition, the definitions in subpart N, part 614, in Sec. 614.4512
are redundant and are removed.
---------------------------------------------------------------------------
\2\ See 69 FR 10901, March 9, 2004.
---------------------------------------------------------------------------
D. Section 618.8320 (Subpart G)--Releasing Information
The direct final rule amends Sec. 618.8320(b)(4) by inserting the
phrase ``, administration of credit,'' after ``extension of credit''.
This is a technical change that does not alter the intended meaning of
the provision but clarifies that borrower information that is shared in
connection with the extension of credit and the collection of loans
would also necessarily include the administration of credit for the
confidential use of Farm Credit System (System) institutions.
E. Section 627.2735 (Subpart B)--Notice to Holders of Uninsured
Accounts and Stockholders
The direct final rule amends Sec. 627.2735(a) by deleting the
reference to Sec. 614.4513 and replacing it with Sec. 614.4175 to
conform to the redesignation of that provision described in part C of
this preamble.
III. Direct Final Rule
We are amending regulations described in the ``Section-by-Section
Analysis'' above by a direct final rulemaking. The Administrative
Conference of the United States recommends direct final rulemaking for
Federal agencies to enact noncontroversial regulations on an expedited
basis, without the usual notice and comment period.\3\ This process
enables us to reduce the time and resources we need to develop, review,
and publish a final rule while still affording the public an adequate
opportunity to comment or object to the rule.
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\3\ Recommendation 95-4, referencing the Administrative
Procedure Act ``good cause'' exemption at 5 U.S.C. 553(b)(B),
adopted June 15, 1995.
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In a direct final rulemaking, we notify the public that the rule
will become final on a specified date unless we receive a significant
adverse comment during the comment period. A significant adverse
comment is one where the commenter explains why the rule would be
inappropriate (including challenges to its underlying premise or
approach), ineffective, or unacceptable without a change. In general, a
significant adverse comment would raise an issue serious enough to
warrant a substantive response from the Agency in a notice-and-comment
proceeding.
We believe that a direct final rulemaking is the appropriate method
for amending the regulations in Section II above because the changes
are technical in nature and do not substantively alter the rights or
responsibilities of any party. We do not anticipate there will be
significant adverse comments. If, however, we receive a significant
adverse comment during the comment period, we will publish a notice of
withdrawal of the relevant provisions of this rule that will also
indicate how further rulemaking will proceed. If we receive no
significant adverse comments, we will publish notice of the effective
date of the rule following the required Congressional waiting period
under section 5.17(c)(1) of the Farm Credit Act of 1971, as amended.
IV. Regulatory Flexibility Act
Pursuant to section 605(b) of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.), the FCA hereby certifies that the direct final
rule will not have a significant economic impact on a substantial
number of small entities. Each of the banks in the System, considered
together with its affiliated associations, has assets and annual income
in excess of the amounts that would qualify them as small entities.
Therefore, System institutions are not ``small entities'' as defined in
the Regulatory Flexibility Act.
List of Subjects in 12 CFR Parts 604, 607, 612, 614, 615, 618, and
627
Accounting, Agriculture, Archives and records, Banks, Banking,
Claims, Conflict of interest, Credit, Crime, Foreign trade, Government
securities, Insurance, Investigations, Investments, Organization and
functions (Government agencies), Reporting and recordkeeping
requirements, Rural areas, Sunshine Act, Technical assistance.
0
For the reasons stated in the preamble, parts 604, 607, 612, 614, 615,
618, and 627 of chapter VI, title 12 of the Code of Federal Regulations
are amended as follows:
PART 604--FARM CREDIT ADMINISTRATION BOARD MEETINGS
0
1. The authority citation for part 604 continues to read as follows:
Authority: Secs. 5.9, 5.17 of the Farm Credit Act (12 U.S.C.
2243, 2252).
0
2. Amend Sec. 604.420 by revising paragraph (i)(1) to read as follows:
[[Page 35968]]
Sec. 604.420 Exemptive provisions.
* * * * *
(i) * * *
(1) Significantly endanger the stability of any Farm Credit System
institution, including banks, associations, service organizations, or
the Funding Corporation; or
* * * * *
PART 607--ASSESSMENT AND APPORTIONMENT OF ADMINISTRATIVE EXPENSES
0
3. The authority citation for part 607 continues to read as follows:
Authority: Secs. 5.15, 5.17 of the Farm Credit Act (12 U.S.C.
2250, 2252) and 12 U.S.C. 3025.
Sec. 607.2 [Amended]
0
4. Amend Sec. 607.2 by removing the words ``the Farm Credit System
Financial Assistance Corporation,'' in paragraph (j).
PART 612--STANDARDS OF CONDUCT AND REFERRAL OF KNOWN OR SUSPECTED
CRIMINAL VIOLATIONS
0
5. The authority citation for part 612 continues to read as follows:
Authority: Secs. 5.9, 5.17, 5.19 of the Farm Credit Act (12
U.S.C. 2243, 2252, 2254).
Subpart B--Referral of Known or Suspected Criminal Violations
Sec. 612.2300 [Amended]
0
6. Amend Sec. 612.2300 by removing the words ``the Farm Credit System
Financial Assistance Corporation,'' in the first sentence of paragraph
(a).
PART 614--LOAN POLICIES AND OPERATIONS
0
7. The authority citation for part 614 continues to read as follows:
Authority: 42 U.S.C. 4012a, 4104a, 4104b, 4106, and 4128; secs.
1.3, 1.5, 1.6, 1.7, 1.9, 1.10, 1.11, 2.0, 2.2, 2.3, 2.4, 2.10, 2.12,
2.13, 2.15, 3.0, 3.1, 3.3, 3.7, 3.8, 3.10, 3.20, 3.28, 4.12, 4.12A,
4.13B, 4.14, 4.14A, 4.14C, 4.14D, 4.14E, 4.18, 4.18A, 4.19, 4.25,
4.26, 4.27, 4.28, 4.36, 4.37, 5.9, 5.10, 5.17, 7.0, 7.2, 7.6, 7.8,
7.12, 7.13, 8.0, 8.5 of the Farm Credit Act (12 U.S.C. 2011, 2013,
2014, 2015, 2017, 2018, 2019, 2071, 2073, 2074, 2075, 2091, 2093,
2094, 2097, 2121, 2122, 2124, 2128, 2129, 2131, 2141, 2149, 2183,
2184, 2201, 2202, 2202a, 2202c, 2202d, 2202e, 2206, 2206a, 2207,
2211, 2212, 2213, 2214, 2219a, 2219b, 2243, 2244, 2252, 2279a,
2279a-2, 2279b, 2279c-1, 2279f, 2279f-1, 2279aa, 2279aa-5); sec. 413
of Pub. L. 100-233, 101 Stat. 1568, 1639.
Subpart F--Collateral Evaluation Requirements
Sec. 614.4265 [Amended]
0
8. Section 614.4265(d) is amended by removing the reference to
``paragraph (d)'' and adding in its place, a reference to ``paragraph
(c).''
Subpart I--Loss-Sharing Agreements
Sec. 614.4341 [Removed]
0
9. Section 614.4341 is removed.
Subpart N--[Removed and Reserved]
Sec. Sec. 614.4510 and 614.4513 [Redesignated as Sec. Sec. 614.4170
and 614.4175 of subpart D]
0
10. Subpart N is amended by redesignating Sec. Sec. 614.4510 and
614.4513 as newly designated Sec. Sec. 614.4170 and 614.4175 in
subpart D of part 614, removing Sec. 614.4512, and reserving subpart
N.
PART 615--FUNDING AND FISCAL AFFAIRS, LOAN POLICIES AND OPERATIONS,
AND FUNDING OPERATIONS
0
11. The authority citation for part 615 continues to read as follows:
Authority: Secs. 1.5, 1.7, 1.10, 1.11, 1.12, 2.2, 2.3, 2.4, 2.5,
2.12, 3.1, 3.7, 3.11, 3.25, 4.3, 4.3A, 4.9, 4.14B, 4.25, 5.9, 5.17,
6.20, 6.26, 8.0, 8.3, 8.4, 8.6, 8.8, 8.10, 8.12 of the Farm Credit
Act (12 U.S.C. 2013, 2015, 2018, 2019, 2020, 2073, 2074, 2075, 2076,
2093, 2122, 2128, 2132, 2146, 2154, 2154a, 2160, 2202b, 2211, 2243,
2252, 2278b, 2278b-6, 2279aa, 2279aa-3, 2279aa-4, 2279aa-6, 2279aa-
8, 2279aa-10, 2279aa-12); sec. 301(a) of Pub. L. 100-233, 101 Stat.
1568, 1608.
Subpart A--Funding
Sec. 615.5030 [Amended]
0
12. Amend Sec. 615.5030 by removing paragraph (b) and the designation
for paragraph (a).
Subpart R--[Removed and Reserved]
0
13. Subpart R, consisting of Sec. 615.5560, is removed and reserved.
PART 618--GENERAL PROVISIONS
0
14. The authority citation for part 618 continues to read as follows:
Authority: Secs. 1.5, 1.11, 1.12, 2.2, 2.4, 2.5, 2.12, 3.1, 3.7,
4.12, 4.13A, 4.25, 4.29, 5.9, 5.10, 5.17 of the Farm Credit Act (12
U.S.C. 2013, 2019, 2020, 2073, 2075, 2076, 2093, 2122, 2128, 2183,
2200, 2211, 2218, 2243, 2244, and 2252).
Subpart G--Releasing Information
Sec. 618.8320 [Amended]
0
15. Amend Sec. 618.8320 by adding the phrase ``, administration of
credit,'' after the phrase ``extension of credit'' in paragraph (b)(4).
PART 627--TITLE IV CONSERVATORS, RECEIVERS, AND VOLUNTARY
LIQUIDATIONS
0
16. The authority citation for part 627 continues to read as follows:
Authority: Secs. 4.2, 5.9, 5.10, 5.17, 5.51, 5.58, 5.61 of the
Farm Credit Act (12 U.S.C. 2183, 2243, 2244, 2252, 2277a, 2277a-7,
2277a-10).
Subpart A--General
0
17. Section 627.2705 is amended by revising paragraph (b) to read as
follows:
Sec. 627.2705 Definitions.
* * * * *
(b) Farm Credit institution(s) or institution(s) means all
associations, banks, service corporations chartered under title IV of
the Act, and the Federal Farm Credit Banks Funding Corporation.
* * * * *
Subpart B--Receivers and Receiverships
Sec. 627.2735 [Amended]
0
18. Section 627.2735(a) is amended by removing the reference ``Sec.
614.4513'' and adding in its place, the reference ``Sec. 614.4175''.
Dated: June 18, 2010.
Roland E. Smith,
Secretary, Farm Credit Administration Board.
[FR Doc. 2010-15327 Filed 6-23-10; 8:45 am]
BILLING CODE 6705-01-P